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IMMIGRATION JUDGE GRANTS ADJUSTMENT OF STATUS APPLICATION

A Passport control officer stamping a passport with a visa stamp for a legal resident of the United States living in NYC.

In 1996, Boris and his mother came to the United States as tourists. One year prior to that, Boris’ parents divorced. Within weeks of their arrival in the USA, specifically, in New York City, Boris’ mother started working and Boris started going to high school. One year later, Boris’ mother met a nice Russian man, and married him several months later. A few years after that, she became a Permanent Resident of the USA. She then petitioned for Boris early in 2001. The petition was approved in 2003.

In 2004, without the aid of an attorney, Boris filed his application for permanent resident status. In 2007, the USCIS scheduled him for an interview. With his mother there to support him, he went to the interview. Instead of an interview, ICE Officers took Boris into custody. It turned out that someone had stolen his identity several years earlier. That person used Boris’ name and personal information to file for both asylum and work authorization – in Los Angeles. Without his knowing anything about it, Boris had been placed into removal proceedings. Because he did not go to Court, in Los Angeles, for his first hearing, the Immigration Judge entered an Order of removal against him. That is why, in 2007, ICE Officers detained him in New York City.

It was at this point that Boris’ mother, with another family member, came to see me. We talked things over. Boris’ mother decided to retain me. Boris was being detained in a county jail in New Jersey. I went to see him. He gave me a lot of information about himself. I used that information in the motion to reopen removal proceedings that I filed with the Los Angeles Immigration Court. An Immigration Judge there granted the motion three weeks later. I then filed a bond (or bail) motion with the Immigration Court in New York City. The judge granted bond to Boris in the amount of $5,000, which his mother posted the next day. Boris went home. The removal case continued with the same Immigration Judge in New York City.

The case dragged on for too many years. This was largely the fault of the judge. He could not make up his mind on one of the important issues of this case. My client contributed to the slow pace of the proceedings, because he got arrested once in 2011, and a second time in 2013. Neither arrest resulted in a conviction. During the course of the proceedings, Boris got married and became the father of two children. He has a good job and supports his family.

Last week, the Immigration Judge finally approved Boris’ application for permanent resident status. The DHS attorney said that the DHS will not appeal. This means that Boris should receive his Resident Alien card in the mail in the next sixty days.

By the way, the new Resident Alien cards are once again . . . green.

About Irwin Berowitz

The Law Office of Irwin Berowitz specializes in providing legal services to immigrants. These services encompass a broad range of areas, from representation before the U.S. Citizenship & Immigration Services or the Immigration Court, to helping the immigrant obtain post-conviction relief. If you want to make sure that your case is properly handled from the very start, contact us immediately for a free in-person consultation so that you can tell us about your case privately and safely. At the time of the free consultation, we will let you know the likely outcome of your case, and what approach and strategy we would pursue to obtain a successful result for you. We will fight to give you peace of mind and to give your case the best possibility for success. To learn more about our practice, feel free to click on the links on this webpage or contact us by telephone or email. Remember, your first meeting with us in our office is free. All names on these posts have been changed to protect the identities of former clients. Any similarity to any one particular case or person(s) is purely coincidental.
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