CASE: Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Kenyan
LOCATION: Chicago, IL (EOIR) / Durham, NC (USCIS)
Our client is from Kenya who came to the U.S. on an F-1 Student Visa in August 2007. While in the United States, she failed to maintain her F-1 status due to family’s issues in Kenya. Because of her overstay, she was placed in removal proceedings in Chicago, IL.
Our client married her Lawful Permanent Resident (LPR) husband in September 2010 in Wisconsin. Soon after, they moved to the Raleigh, NC area.
Her husband filed an I-130 petition for her after they got married. Eventually, our client’s I-130 petition was approved in February 2012 after their I-130 interview at the USCIS Durham Field Office. Glen Yu from our office accompanied them at the interview.
Her individual hearing was scheduled on August 13, 2013 at the Chicago Immigration Court as well.
In June 2013, our office filed a written request to administratively close our client’s removal proceedings to the DHS Chicago Office. In a written brief, our office fully explained that our client’s case is not DHS’s priority for deportation and explained that our client has an I-130 approval, no criminal records, has paid taxes, and has family ties in the United States. Our office attached an I-485 application along with the brief, and its supporting documents as well.
After review, the DHS counsel in Chicago contacted our office and was willing to terminate our client’s removal proceedings. The DHS counsel filed a Joint Motion to Terminate on August 2, 2013 to the Chicago Immigration Court. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on August 12, 2013, a day before the Individual Hearing Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card when her husband naturalizes early next year.