Some cases take a very long and winding path to success and it can be hard to see the happy light at the end of the tunnel. Although it can be daunting, it’s important to never lose sight of the finish line! Today, I’d like to talk about Gabriel, who I first met in 2020. He and his wife had entered the U.S. lawfully about twenty-five years ago and now had a U.S. citizen daughter who just turned 21. In our first meeting, we discussed all the eligibility records and determined that both Gabriel and his wife were eligible for green cards based on their daughter.
We filed their adjustment cases and, within about 6 months, the I-130s were approved, establishing the relationship between the parents and their daughter. However, we shockingly received a denial for Gabriel’s I-485 via mail. Typically, these denials only come after interviews, so this was definitely out of the ordinary. It turned out that Gabriel had a twenty-three-year-old voluntary departure order that he’d forgotten about. Since he didn’t leave, that voluntary departure order turned into a deportation order. This meant that Gabriel wasn’t eligible for a green card and was at risk of being picked up, detained, and having the deportation order executed.
To get Gabriel his green card, we needed that deportation order to go away. Thankfully, this case happened under the Biden Administration. During the prior administration, ICE couldn’t exercise as much favorable discretion and would deny many requests. Under Biden, though, ICE has had more flexibility; when someone has been in the U.S. a long time, doesn’t have a serious criminal background, and has a way to get a green card, ICE will generally be agreeable. So, we were able to request a Joint Motion to Recalendar and Dismiss from ICE with a chance of success.
In these situations, having a Joint Motion makes a huge difference because it shows the Immigration Judge that both sides agree that dismissal is the right way forward. Though never guaranteed, the judge will usually sign an order that reopens and dismisses the old removal order. When a judge does that, it removes the barrier to adjustment of status and the threat of deportation.
Our request for a Joint Motion was granted by ICE—though it took about two years. We then filed the joint motion with the court and the judge signed it two months later. We were then free to refile Gabriel’s green card application and did so in late 2023.
Earlier this month, Gabriel was called in for an interview on his application. We had a great officer and everything went smoothly. A few days later, we received the approval notice. Gabriel was finally a Lawful Permanent Resident. He came to the US in 1998, had an old removal order from 2001, and had a denied green card application from 2021. Yet, there was always another option, something new to try. For Gabriel, it worked. We are grateful he trusted us and never lost faith, even though the new path was a much longer one.
Don’t let a complicated history stop you from seeking help. Sometimes there is nothing that can be done, but sometimes it just takes a few extra steps to help you reach your immigration goal.