ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Matthew Kolken on Deportation And Removal

Prior Deportation Order Reversed after Appeal to the Board of Immigration Appeals

Rate this Entry

Our client is a citizen of Jamaica. He is married to a United States
citizen and he and his wife have one child who was born in the United
States. He and his wife own and operate a small business.


He entered the United States in 2002 at the Virgin Islands as
a visitor with a valid visa. Unfortunately, he overstayed and
attempted to enter the United States mainland using a photo substituted
driver's license.

Thereafter, Immigration Court proceedings were instituted against him.


He retained another lawyer to represent him before the Immigration
Court. He then married and his wife filed a Petition for Alien Relative
on his behalf, which was approved, and he applied for his green card
before the Immigration Judge.


The Immigration Judge denied his application for adjustment of status
on the basis that he was not statutorily eligible to apply because
there was insufficient income in the affidavit of support filed on his
behalf. The Immigration Judge then ordered him deported and denied his
application for voluntary departure.

At this point we were retained.


We filed a timely Notice of Appeal to the Board of Immigration
Appeals which stayed his deportation. We prepared and submitted a legal
brief on his behalf showing that the affidavit of support submitted
indicated that the total household income was sufficient to meet the
125% of the Poverty Guidelines.


The Board of Immigration Appeals agreed with our interpretation of
the Regulations, sustained the appeal, and remanded the case to the
Immigration Judge for further proceedings consistent with their
decision.

Submit "Prior Deportation Order Reversed after Appeal to the Board of Immigration Appeals" to Facebook Submit "Prior Deportation Order Reversed after Appeal to the Board of Immigration Appeals" to Twitter Submit "Prior Deportation Order Reversed after Appeal to the Board of Immigration Appeals" to Google Submit "Prior Deportation Order Reversed after Appeal to the Board of Immigration Appeals" to StumbleUpon Submit "Prior Deportation Order Reversed after Appeal to the Board of Immigration Appeals" to Reddit Submit "Prior Deportation Order Reversed after Appeal to the Board of Immigration Appeals" to Digg Submit "Prior Deportation Order Reversed after Appeal to the Board of Immigration Appeals" to del.icio.us

Tags: None Add / Edit Tags

Comments

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: