I met Steve in the fall of 2020 and he had been in the US for nearly 40 years by that point. He originally entered lawfully when he was just five years old, but his paperwork wasn’t handled correctly. He thought he had been adopted by his aunt, only to learn as an adult that it never went through. He was completely without status. However, since the rules were more lax in the early 1990s, he was able to get a Social Security Number and driver’s license.
Despite the lack of documentation, he built up his own company—he was beloved by his clients, which included celebrities. No one knew of his lack of immigration status.
Eventually, Steve married a U.S. citizen and they filed for his green card. Unfortunately, his wife had substance abuse issues and became violent. When it came time for their interview, she didn’t show up, leaving Steve abandoned and with a denied case. Sadly, Steve didn’t know he could apply for VAWA based on the abuse, so another chance of getting status was gone.
However, Steve found love again and he and his new wife scheduled a time to talk with me. We went through his entire immigration history and he had no grounds for inadmissibility (no crimes, no fraud). Steve had done his very best to live his life as lawfully as he could, even without legal status.
They hired us to file a one-step adjustment to the status application. However, when we started to talk about the items we needed, the delays started to add up. Steve didn’t have proof of his lawful entry, which is required for adjustment of status. We ultimately had to obtain his entry record through the Freedom of Information Act, which took about ten months. There were also documents we needed from his home country, but with COVID, many services were unavailable.
Finally, in the fall of 2023—three years since our consultation—we were able to file Steve’s case. He became a lawful permanent resident in October of this year!
I thought waiting three years to file his case was a long time. However, when I think about Steve and how he had to wait over forty years to get status, three years isn’t that long in comparison. He missed a few earlier opportunities to get his green card but was finally successful.
If you feel like Steve—that you’ve been here for decades and there’s no hope—don’t give up! Sometimes one change in circumstances can make all the difference.
Thank you for this insightful article on the potential for second chances in immigration. The stories shared really highlight the resilience of individuals navigating such complex legal pathways. In addition to the examples you’ve provided, it’s important to recognize that second chances can also manifest through the use of legal instruments like a writ of mandamus. This can serve as a powerful tool for applicants who face unreasonable delays in their immigration processes. For instance, in cases where an application has been stuck in limbo for an extended period without a decision, individuals may petition the court to compel the agency to act. This not only helps expedite the resolution of their status but also raises awareness about systemic inefficiencies within immigration agencies. Moreover, exploring the nuances of this legal option could empower more individuals to understand their rights and seek timely resolutions to their immigration challenges. Have you encountered any specific cases where a writ of mandamus significantly changed someone’s immigration outcome?
Thank you for your comment! We’ve had great success with our U litigation. You can read about it in our blog here: https://hopeimmigration.com/suing-uscis-getting-work-cards-and-bona-fide-determinations-for-u-status-applicants/