Successful Adjustment of Status: Deportation Avoided and Permanent Residency Secured

Facing removal proceedings can be an overwhelming experience. At the Law Office of Alexander R. Vail, we specialize in helping clients navigate this challenging process and achieve favorable outcomes. Below we highlight several successful cases where we helped clients avoid deportation and secure permanent residency through adjustment of status applications. Whether it’s deportation proceedings reopened, conditions on residence removed, or adjustment applications granted, these cases reflect our dedication to protecting our clients’ rights and ensuring they can continue to live and work in the United States legally. These cases highlight our ability to navigate complex immigration cases to help our clients continue to build their lives in the U.S.

Successful Adjustment of Status: Deportation Avoided and Permanent Residency Secured

DEPORTATION AVOIDED AND LAWFUL PERMANENT RESIDENCE GRANTED Matter of P.F. (2022)

P.F. is a native and citizen of Guatemala who had been placed in removal proceedings by the Department of Homeland Security (“DHS”) shortly after he had been arrested for allegedly committing battery on a protected person in violation of Nevada law. Because he was a visa overstay, DHS charged him as a deportable alien. But because he was already married to a United States citizen, Alex explained that P.F. would be able to seek adjustment of status in removal proceedings on the basis of a family petition. Alex assisted P.F. and his spouse with the preparation and filing of the Petition for Alien Relative (“Form I-130”), making sure to prove the “bona fides” of the marriage. After securing approval of the Form I-130, Alex thoroughly prepared the adjustment application and was able to successfully argue that P.F. did not require a waiver under section 212(h) of the Immigration and Nationality Act because P.F.’s conviction for battery on a protected person in violation of Nevada law should not be deemed a conviction for a “crime involving moral turpitude” as that term appears in the Immigration and Nationality Act. Satisfied that P.F. was otherwise statutorily eligible to adjust status under section 245(a) of the Immigration and Nationality Act and that P.F. merited a favorable exercise of discretion, the presiding immigration judge granted P.F.’s adjustment application. P.F. is now a lawful permanent resident of the United States.

ADJUSTMENT APPLICATION GRANTED AND PERMANENT RESIDENCE CONFERRED Matter of R.W. (2021)

R.W. is a native and citizen of Kenya who had entered the United States with tourist visa. She had filed for an extension of her authorized period of stay but was denied and subsequently placed in removal proceedings by the Department of Homeland Security (“DHS”). Distraught, she and her husband met with Alex to inquire what could be done to prevent her from being removed to Kenya. Alex explained that as the spouse of a U.S. citizen, R.W. was able to obtain “immediate relative” status if her husband filed a Petition for Alien Relative (“Form I-130”) on her behalf. This he did, and after approval of the Form I-130, Alex filed on R.W.’s behalf a complete adjustment application at the Las Vegas Immigration Court. Satisfied that R.W. met her burden of establishing statutory eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act, the presiding immigration judge granted R.W.’s adjustment application. R.W. is now a lawful permanent resident of the United States.

ADJUSTMENT APPLICATION GRANTED AND PERMANENT RESIDENCE CONFERRED Matter of V.H. (2020)

V.H. is a native and citizen of Mexico who had been arrested for battery constituting domestic violence in violation of Nevada law and subsequently placed in removal proceedings by the Department of Homeland Security (“DHS”). As the father of a U.S. citizen, V.H. was able to obtain “immediate relative” status by the filing of a Petition for Alien Relative (“Form I-130”) with U.S. Citizenship and Immigration Services (“USCIS”), which the agency subsequently approved. After approval of the Form I-130, Alex filed on V.H.’s behalf a complete adjustment application at the Las Vegas Immigration Court. Satisfied with the evidence presented in the case, the presiding immigration judge granted V.H.’s adjustment application. V.H. is now a lawful permanent resident of the United States

DEPORTATION PROCEEDINGS REOPENED AND TERMINATED; ADJUSTMENT APPLICATION GRANTED Matter of L.B.H. (2020)

L.B.H is a native and citizen of El Salvador who had been ordered deported in absentia back in 1997. This came to light after he had affirmatively sought adjustment with U.S. Citizenship and Immigration Services (“USCIS”). Alex prepared and filed a Motion to Rescind an in Absentia Order and Reopen Deportation Proceedings, arguing lack of notice of the hearing that L.B.H. failed to attend in 1997, which resulted in the deportation order. The immigration judge reopened L.B.H.’s deportation proceedings and subsequently agreed to termination of the proceedings after Alex presented proof of the adjustment application that had been administratively closed by USCIS on account of the previous outstanding deportation order of deportation. After the proceedings were terminated, Alex moved to reopen the administratively closed adjustment application. USCIS reopened the application and granted it. L.B.H. is now a lawful permanent resident of the United States.

CONDITIONS ON RESIDENCE REMOVED Matter of M.C. (2018)

M.C. had his individual hearing postponed to 2019 because the judge had a scheduling conflict. Alex filed a motion to terminate along with a Pre-Hearing brief in Support of Petition to Remove Conditions on Residence (“Form I-751”), where Alex argued this case did not need an individual hearing. The judge agreed, granted the Form I-751, and terminated removal proceedings.

If you are facing removal proceedings or seeking to adjust your status in the United States, it is essential to have skilled legal representation by your side. At the Law Office of Alexander R. Vail, we have successfully helped clients avoid deportation and gain permanent residency through adjustment applications. Our team is dedicated to working with you every step of the way to secure the best possible outcome for your case. Call us today at (725) 221-5998 or contact us online to schedule a consultation. We are here to help you protect your future in the United States.