Client is from Ecuador who entered the United States as a child. He lived here all of his life and in High School was involved in a serious altercation in which he was found guilty by a jury of Aggravated Assault with a Gun and served 4 years in prison. He appealed the Jury Verdict and upon completion of his sentence was transferred to an ICE detention center. We were able to get him an Immigration Bail and he was released. While released from jail he had lost his appeal of the criminal case. He had another attorney file a Post Conviction Relief motion in order to have the criminal conviction overturned. While that was pending he got re-arrested and his bail was revoked. We applied again for immigration bail but the judge denied this request. While he was in custody he lost his Post Conviction Relief motion. We filed an application for a Green Card for him based on his marriage to his U.S. Citizen Spouse. We also had to file a waiver because of his criminal conviction. Basically, the waiver means that if we prove to the Judge that client’s spouse and child would suffer exceptional hardship if he gets deported, then the judge will give him a green card so that his family doesn’t suffer immensely.
Client entered the United States illegally but was married to a United States Citizen. Typically, when you enter illegally, you cannot obtain a Green Card in the United States. However there are some exceptions. One of the exceptions is that if you had someone try to sponsor you before 2001. Even if you were not successful in the case that began before 2001, you still have hope in the future.
Client was represented by a Notario who filed a green card application and waiver for her. Client was told by the Notario that she had to go back to Peru for the Green Card interview and that she would come right back into the United States after she left. The problem was that the Notario told her to not tell the Immigration Officer that she had multiple entries into the United States as a minor when she was under 21 years old.