Many people are surprised to hear that if you have a deportation or removal case at the New York City Immigration Court located at 26 Federal Plaza, New York, New York, you might be able to request closing the deportation case.
The Department of Homeland Security (“DHS”) and the Office of the Chief Counsel (which is the lawyer for the DHS) are more likely to close a deportation case pending in NYC than in any other jurisdiction . . . at least in my opinion and experience. In fact, the DHS is very generous and agrees to close an overwhelming number of cases.
I even had success in a case with a client that was in detention and had been convicted of various drug related charges. Despite the client being in custody and bond having been denied, the DHS agreed to close the deportation case, which allowed my client to walk out of detention join his family once again. Naturally, there were equities that were favorable to him which were able to show to the DHS.
Now, there may be times when you may not want to close a deportation case, such as when you want to present a particular case in front of the immigration judge. However, many clients also do not want to risk deportation and would rather close out their deportation case and try to legalize through other methods.
One must carefully evaluate each case and make a decision based on a careful balance of the positives and negatives with respect to being in front of the Immigration Court.

Does this sound familiar to you?

Statistics show that an overwhelming number of marriages end in divorce. The reasons are many. Sometimes its financial reasons that cause marital issues and other times it’s just because the couple has grown apart. Sometimes . . . the in-laws are even blamed.

The purpose of this piece is to provide some guidance to an individual that filed for a green card (lawful permanent residence) or also called adjustment of status, but is now separated from the U.S. citizen spouse. What can such an individual do? They now have a green card interview and don’t know what to do? Is there anything that can be done?

This is a loaded question. I understand. There may be ways for an individual to continue on the road to a green card without the assistance of the U.S. citizen spouse. The law does allow some individuals who have been mistreated by their U.S. citizen spouses to be able to file a self-petition and continue to try to get a green card on their own. Immigration (USCIS) refers to “extreme cruelty” as the standard. Now, what do I mean by “extreme cruelty”? My belief is that there is no clear cut definition of this term. In some cases, a pattern of emotional or mental abuse is sufficient. Obviously any physical abuse should immediately qualify. The more important question my clients often ask me is how do they prove it? I ask them what do you mean by proof? It’s rare that a person has a video of the abuser performing such acts. The more common way is by putting forth credible believable evidence. Yes, at times even a mere credible sworn statement by the applicant can suffice if detailed enough and bolstered by other evidence. Do not assume that there is no way of proving “extreme cruelty”. The earlier you consult with an attorney the better your chances of making the situation worse than it has become.

Speak to any attorney. All may not be lost. The fact that you are now no longer with your U.S. citizen spouse does not necessarily mean you can no longer get a green card.