DEPORTATION WIN U VISA APPROVAL (Illegal Entry, Previous Removal, Battered Spouse)

Client is a native and citizen of Mexico and mother to five United States citizen children. She entered the US without inspection on or about 1988. On August 28, 2002, she retained an attorney to help her obtain work authorization. Instead of advising respondent on work authorization he filed a frivolous asylum application on respondents behalf. Respondents asylum application was denied by the asylum office and her case was referred to the Immigration Court. The same attorney prepared respondent’s case for Cancellation of Removal. The Immigration Judge denied her Cancellation case and ordered her removed from the US based on her attorneys failure of providing relevant evidence that the respondent had continuous presence in the US from 1992-1995.

On April 9, 2004 The California Bar Association began disciplinary actions against respondent’s attorney and ordered him not entitled to practice; On May 7, 2004, the California Bar placed him on Involuntary Inactive Status and on July 18 he resigned from the California Bar Association while charges were pending against him.

Upon receiving a letter from the State Bar that her attorney was no longer able to practice law, Respondent immediately contacted our office. We filed a motion to reopen and remand with the BIA and provided them with voluminous documents relevant to establishing respondents continuous presence from 1992-1995.

The BIA remanded the case back to the Immigration Court. Our office also discovered that while Respondent was married to her previous husband she was a victim of domestic violence and he was serving his sentence in State Prison. Respondent provided our office with ample evidence and declaration describing the horrific situation she had encountered during her marriage. Our office immediately filed relief under U-Interim Relief and asked the Immigration Judge to terminate proceedings. The case was terminated by the Immigration Judge in Los Angeles in 2008.

Respondent now resides with her 5 U.S.C children and works as a nurse practitioner.

–> On September 22, 2009, Respondents U Visa was approved. She will be eligible to file her adjustment of status on March 15, 2010.