Tucker & Ludin Wins Adjustment of Status Case in Immigration Court

By |Published on April 17th, 2015|Posted in Immigration

Tucker & Ludin successfully defended a client from Eastern Europe against removal from the United States by winning his Adjustment of Status case in immigration court. The client was previously represented by other counsel, who failed to recognize that the client was subject to a previous removal order many years earlier. As a result, the client was briefly held by Immigration & Customs Enforcement after his immigrant visa interview. The client had entered the United States illegally, and was the beneficiary in an immigrant visa filed on April 2001, allowing him to apply for adjustment under INA 245(i).

Our attorneys were able to negotiate new terms of supervision with ICE after the client was diagnosed with cancer. Our attorneys were also successful in reopening the client’s case before the Chicago immigration court, despite opposition from the government, and transferring venue to the Orlando immigration court, in whose jurisdiction the client resided.

Shortly after reopening the case, the client was diagnosed with cancer. Our attorneys fought very hard to get the government to join in the client’s application for adjustment of status. After a long fight, the government joined in the application and the client was able to remain in the United States with his family.

Adjustment of status is the process of gaining permanent residence in the United States. Lawful permanent residence gives its holders a bundle of rights that allows them to remain permanently in the United States. There are many avenues that lead to permanent residence, including family, work petitions, and asylum. Immigrant may also gain permanent residence in immigration court through an approved immigrant visa petition, a grant of asylum or Cancellation of Removal.

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