Successful Adjustment of Status for a Couple Under ICE Scrutiny
The Immigration Law Office of Theodore Huang recently obtained approval of an adjustment of status application for a married couple. One spouse received contact from Immigration and Customs Enforcement during the course of the case, which made timely and accurate work especially important.
When the couple retained my office, their goal was simple: to obtain lawful permanent residence based on their bona fide marriage. Shortly after I began preparing their case, ICE contacted my client. The timing was coincidental, but it worked in their favor. Because I was already representing them and the application was being prepared, I was in a position to respond right away.
My first priority was to file the application with USCIS without delay. Moving quickly did not mean cutting corners. I prepared the package with care, including drafting applications and thoroughly reviewing supporting evidence of the marriage and of my client's eligibility to adjust status under INA 245(a). A well prepared filing reduces the risk of a Request for Evidence or other delays, and in a case involving ICE, avoiding delay can be critical.
While the application was being filed, I advocated for my client with ICE. I informed the agency that my client was represented by counsel, that a bona fide marriage existed, and that a properly prepared application for adjustment of status was immediately to be filed with USCIS. My objective was to keep my client out of detention while USCIS considered the case.
The application was complete from the start, USCIS did not send out a Request for Evidence and scheduled the AOS interview promptly. I attended the interview with the couple, and it proceeded smoothly. The application was approved without further complications, and my client is now a lawful permanent resident. This case shows the value of having an attorney involved before a problem arises. Immigration law is not simply a matter of completing forms. Attorneys monitor ongoing changes in USCIS policy and enforcement practices and apply that knowledge to each client's circumstances. When an unexpected issue comes up, an attorney who already knows the case can act immediately.
If you or a family member may be eligible for a green card, or if you have concerns about contact from ICE, I encourage you to seek legal counsel as early as possible. The Immigration Law Office of Theodore Huang assists clients with adjustment of status, consular processing, waivers, naturalization, and related matters. To schedule a consultation, please call (626) 771-1078 or visit RanchoImmigration.com.
This post is for general informational purposes only and does not constitute legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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