CLIENT WINS CANCELLATION OF REMOVAL CASE IN IMMIGRATION COURT
CHAN, Yuchai came to the United States, from her native China, in the year 1999. She was eighteen years old at the time. She was brought into the USA, via Mexico, by a “snakehead.” Once Ms. Chan got established in New York City, she did not apply for asylum. She did start to work, however.
Let’s jump ahead in time by fourteen years. Ms. Chan has a husband, a Permanent Resident of the USA, who is a businessman. The couple has three sons, two of whom are autistic. In addition, Ms. Chan’s in-laws, both of whom are sickly, live with Ms. Chan and her family. Ms. Chan takes care of her children, her in-laws, her home, and works part-time in a restaurant.
When Ms. Chan came to see me, we talked about how she might be able to become a Permanent Resident. We discussed Cancellation of Removal, which is a case, or a benefit, for which a person may apply when she is in removal proceedings. If the individual wins her Cancellation case, she will become a Permanent Resident.
Ms. Chan was placed in removal proceedings by the Department of Homeland Security (DHS). Prior to her first court hearing, Ms. Chan, my paralegal, and I met several times. We assembled more than seven hundred pages of documents and papers, which included reports and evaluations on Ms. Chan’s two autistic sons. At the first Immigration Court hearing, we filed Ms. Chan’s Cancellation of Removal application and all of the supporting documentation. The Immigration Judge scheduled Ms. Chan for a final hearing. At the final hearing, the Immigration Judge received into evidence all of Ms. Chan’s papers. Ms. Chan testified at length concerning how she got to the United States in 1999, her residences and work in New York City, her family, in particular her two autistic sons, and what hardships her family would suffer if she lost her case and had to leave the United States. The Immigration Judge and the DHS attorney found Ms. Chan to be a truthful and convincing witness. They said that it was not necessary to hear from the other witnesses. The judge granted Ms. Chan the relief of Cancellation of Removal.
In 2015, after dealing with the governmental bureaucracy for too many months, Ms. Chan finally received her Permanent Residency card.
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