Author Archive
Cina Immigration Attorney Receives DHS Prosecutorial Discretion From Memphis Uscis Director:Indian National Adjusts Status with Petition Filed Using False Name
Attorney Mark Daly requested and received prosecutorial discretion from the USCIS office in Memphis to allow his client to adjust status to permanent resident despite filing the petition using a false name. “ I told my client to tell the truth to the Immigration Officer in Memphis and explain what had happened, and based on the hardship to his wife and children the Officer let him adjust status. He wasn’t even charged with making a misrepresentation.”
The client, a citizen and national of India, was smuggled into the US and was caught at the border. He gave the border patrol a false name and then married his wife. Upon advice from bad immigration attorneys, they purchased false documents from India and filed a complete marriage based petition and adjustment of status application using the false name and submitting the false documents before the sunset deadline for 245(i). He became fearful and never went to the interview.
He contacted CINA for advice. “I told him that he had to totally come clean with the USCIS and re-file the adjustment of status based on the old I-130 with the false name. He was afraid and trusted us. When we went to the interview they both broke down in tears, told their story, answered all of the questions and begged for discretion. I provided the officer with a memo from the Attorney General regarding prosecutorial discretion and told him we desperately needed him to exercise discretion. He did, and my client is now a permanent resident.” This marks a total departure from policies in the Bush era.
CINA represents immigrants before USCIS, removal hearing in all immigration courts in all 50 states. For more information on contact Mark C. Daly at (615) 324-7757
Contact:
Mark C. Daly
Community of Immigration & Naturalization Attorneys, PC
2500 21st Ave South, Suite 100
Nashville, TN
37212
Tel: 1-877-381-2814
Email: mdaly@west.net
www.cinaimmigrationlawyers.com
Cina Immigration Attorney Receives DHS Prosecutorial Discretion In Memphis Immigration Court: False Claim of Citizenship Reduced to Misrepresentation
Attorney Brent Hessel negotiated with DHS attorneys in immigration court to lower charges against his client from Mexico. “My client was facing deportation with no chance of ever coming back to the US to be with his wife, parents and children. We ended up adjusting his status to a permanent resident!” This type of prosecutorial discretion has been approved by the US Attorney General pursuant to directives from President Barak Obama.
The client was charged with 3 counts of making false claims of US Citizenship at the border between San Ysidro, CA, USA and Tijuana, BC, Mexico. The false claim charge is one of the harshest in immigration law because there is no way to waive this charge and move forward with getting a green card. He was also charged with triggering the 3 year bar which would have required him to live outside the US for three years before reapplying for permanent residency – although there is a waiver of that offense based on hardship to US citizen parents or spouses.
CINA prepared the paperwork for adjustment of status and the waiver of the 3 year bar and appeared at the court date. “We didn’t know what would happen. We advised our client to tell the truth and present the hardship evidence and hope that the prosecutor would give us a break – which he did. By reducing the charge to making a misrepresentation at the border instead of a false claim of citizenship, DHS saved my client. The Memphis immigration judge amended the waiver to include the misrepresentation charge and we went forward proving up the hardship.”
CINA represents immigrants in removal hearing in all immigration courts in all 50 states. For more information on contact Mark C. Daly at (615) 324-7757
Contact:
Mark C. Daly
Community of Immigration & Naturalization Attorneys, PC
2500 21st Ave South, Suite 100
Nashville, TN
37212
Tel: 1-877-381-2814
Email: mdaly@west.net
www.cinaimmigrationlawyers.com
