Dimaria wins Green Card for Client, Dimaria’s Biggest win in 16

C lient 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  While that was pending he got re-arrested and his bail was revoked.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.

During the trial for the Green Card, Client admitted to smoking marijuana on a few occasions.  Although he never had any arrests or convictions for marijuana, the judge determined that he admitted to committing two or more Marijuana offenses and she denied his application for the green card.

We then filed an appeal of her decision to the Board of Immigration Appeals (BIA).  The BIA is located in Virginia and it is a group of judges who decide if the judge that handled the case made any mistakes.  The BIA agreed with DiMaria’s argument that the Judge made a mistake in the case and the BIA sent the case back to the Judge.  In the meantime while this was all taking place, Client was transferred from Essex County New Jersey to Louisiana then to Alabama.

Once the BIA sent the case back to the Judge, the Judge granted the case and gave Client a Green Card.  Client was released from custody and is now home and starting his life over as a permanent resident of the United States.


Jayson Dimaria