CASE: Request to Join in a Motion to Reopen
CLIENT: Pakistani
LOCATION: Houston, TX
Our client is a Pakistani citizen who currently resides in Houston, Texas with her U.S. Citizen husband. Our client entered the United States on a valid L-2 visa in November 2000. She was then granted withholding of removal in July 2006 by the Philadelphia Immigration Court as a derivative beneficiary of her father’s sought relief. In March 2009, our client married her U.S. citizen husband and her husband filed an I-130 petition on behalf of our client. The I-130 petition was approved in October, 2010. However, due to bad advice by their previous counsel, they also filed an I-485 application with the USCIS which was understandably denied due to lack of jurisdiction considering she is in withholding of removal status. They were not informed that our client’s case should first be reopened in the Immigration Court before she can apply for adjustment of status either with the Court, or with the CIS should proceedings be terminated after reopening.
In March 2011, our client and her U.S. citizen husband contacted our office and sought legal assistance for her immigration matters. Our client retained us on March 29, 2011. Upon retention, we filed a Request to Join in a Motion to Reopen to the USICE-DHS office in Philadelphia. Our cover brief explained the withholding of removal status, the approval of the I-130, and other equitable factors totaling 28 exhibits.
We called the DHS office in Philadelphia several times and on November 23, 2011, they finally agreed to join in the Motion to Reopen and an assigned counsel signed the Joint Motion. Now our client can apply for Adjustment of Status with the Immigration Court, or with the CIS upon a possible termination by the Court.
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