Order of Removal Reopened & Terminated, Client Now Eligible to Apply for Green Card

My client is a native of Ukraine and citizen of Israel.  He was lawfully inspected and admitted to the United States, but unfortunately overstayed his status.  He has no criminal involvement.  He was placed into removal proceedings, however because he never received notice of the hearing before the Immigration Judge, he did not appear before the Court on the day of his hearing.  The Immigration Judge ordered him removed to Israel in absentia (in his absence). 

My client then hired an attorney to reopen his proceeding.  Unfortunately the motion prepared by the previous attorney did not advise the Court of any new facts, of any relief available, and was not accompanied by any applications seeking relief.  The Department of Homeland Security opposed the motion, and the Immigration Judge denied the motion.  The attorney then filed a motion to reconsider, which was again deficient, and was again opposed and denied.  The attorney did not file an appeal with the Board of Immigration Appeals.

My client then met and fell in love with a United States citizen, and after an appropriate courtship period, they were married.  The couple consulted with yet another attorney, who advised them that nothing could be done in this case.

The couple then consulted with and retained me.  I prepared and filed a Form I-130, Petition for Alien Relative, on their behalf, which was filed with USCIS and approved.  I then worked with the Office of Chief Counsel on a Joint Motion to Rescind and Reopen the removal order, along with a Joint Motion to Terminate the removal order.  I prepared a legal brief in support of the Joint Motions, supported by a voluminous exhibits package.  The two Joint Motions were filed with the

Immigration Court

, and one week later, we received a decision from the Immigration Judge granting both motions.  The removal order has now been terminated, and the client is eligible to apply for a green card!