Today (January 13, 2008), we have a surprise visit from a jubilant client at our office. The client was previously represented by our office at the removal proceeding in the immigration court of Houston. We later represented the client at the consulate for I-601 Waiver for permanent residency application. The client, who just returned to the US with a brand new permanent residency based on a granted I-601 Waiver, could not wait to come to our office to meet with us. There was no pouring Champaign, but the hugs and laughter are all over the office for quite a while.
This case is a real saga and it reminds us how tricky immigration procedure might be.
Our client came to the U.S. in July of 1993 when she was only sixteen. Prior to her entering to the U.S., her mother, a permanent resident, filed an I-130 for her in 1992 as an unmarried child of LPR. The petition was approved in 1992. Further, in 1996, the applicant married with her husband, who was a permanent resident at that time.
In 1997, however, our client went to a so-called “notary public”, who advised her to file an I-485 and I-485A with penalty paid, based on the approved I-130 sponsored by her mother. At that time, the I-485 was not approvable. As such our client spent a lot of fee with the “notary” just to expose her illegal status to the INS. Worse yet, the approved I-130 petition was revoked by the Immigration in 2002. In the mean time, our client’s husband filed an I-130 for her in 2001 when he was still a permanent resident.
The biggest damage the “notary public” caused to our client was that she advised our client to apply for advance parole too when they filed for adjustment of status in 1997. Our client used the parole to travel back to Mexico twice. The traveling rendered her an arriving alien, and as a result rendered the immigration court without jurisdiction to the adjustment of status sponsored by her husband in removal proceeding because the new adjustment of status application is not sponsored by the same person who sponsored the adjustment of status denied by the Immigration.
Through our help our client took voluntary departure. We then we assisted them change the petition category when the husband became a US citizen. After that, we prepared the I-601 Application for Waiver of Grounds of Inadmissibility and filed it to the US Consulate. She finally got her green card from the US Consulate just last week, fourteen years after she first came to the US.
Now, you can imagine the happiness our client experienced.