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Adjustment of Status Victory in Exclusion Proceedings

Sep 9, 2010 | adjustment of status, Exclusion proceedings, Immigration Court

Today, our firm enjoyed a tremendous victory in immigration court for a client who was granted lawful permanent residency by an immigration judge!

Our client was placed in exclusion proceedings in 1989 by the former Immigration and Naturalization Service (“INS”).  “Exclusion” proceedings no longer exist, but prior to 1996, an noncitizen seeking entry into the United States who was deemed inadmissible was placed in exclusion proceedings (as opposed to “deportation” proceedings, which were meant for a person already present in the United States who the INS wanted to deport).  Our client failed to appear for her exclusion proceedings before an immigration judge, so the immigration judge administratively closed the case.  Back in the days, judges often did this instead of ordering someone “excluded” (or “deported”) for failing to show up.  Nowadays, in “removal” proceedings (which in 1996 replaced the “exclusion” and “deportation” proceedings), an noncitizen may be ordered removed in his or her absence for failing to appear for a scheduled hearing.

Our client went on to live her life in America – she married a United States citizen, had children, and even started her own business.  Her husband was a beneficiary of a petitioner HIS mother had filed for him prior to April 30, 2001, so our client was a derivative beneficiary of that petition.  Unfortunately, our client and her United States citizen husband divorced before she had an opportunity to apply for permanent residency.

She later married another United States citizen.  She came to us, wondering if she would ever be able to become a permanent resident.  After we discussed her case in detail with her, we were able to strategize her case to pursue adjustment of status under section 245(i).

An immigration judge granted permanent residency to our client, who, after more than twenty years in the United States, is now finally in legal status!

In her own words, our client sent us this email today:

Good Morning Miss Thaker and Mr. Berowitz

I just want to thank you for your good wishes, and all the help I received from you.  Thanks for all the support and monitor my case to achieve the desired purposes. from the bottom of my heart goes my appreciation for all the good work. On behalf of [my husband] and me my most sincere wishes that your  businesses remain as prosperous and valuable  to help at  all those who seek yours  expertise and professionalism.


[Client name]

All we did was our job.  But it’s such a reward to know that we made a huge difference in someone’s life; we helped a husband and wife stay together; we helped a mother stay with her children; our work allowed a contributing member of the society continue to grow her business.

We couldn’t ask for anything more!

Ruchi Thaker