[Blog]

About a year ago, we were visited by a woman distraught that her husband had been arrested and detained by Immigration. He had two little girls who were born in the US, one who was still a baby, as well as two step-children. He also had no criminal history at all. After looking into his case, it turns out he had an old order of deportation from 2004, when he failed to appear at an immigration court hearing - which he had no notice of. Becuase of that old order, he was subject to immediate removal, and we had to act immediately or else he was to be put on a plane to be deported. We filed a motion to reopen his case with the Immigration Court, which was ultimately denied because he failed to provide a change of address, after being given instructions to do so. We also filed a motion to ICE to stay his removal, which was granted and he was released from detention. Simultaneously, we filed for a U visa, because he had been the victim of a violent assault (which required hospitalization), and he assisted the police in tracking down the criminal. Over the course of the next year, we had to fight with US CIS to prove his eligibility for the U visa. Recently, we received his U visa approval, which means he can remain in the United States, and in three years time, he can apply for permanent residence (green card). A U visa is very powerful, almost anything can be waived, and someone can be approved, even if they have an old order of deportation. Because of this, even though the Immigration Court refused to reopen his case, he will still be able to remain in the US with his family and someday potentially become a US citizen.