Green Card After Overcoming Error

We all make mistakes. But what happens when it is the government that makes the mistake and erroneously denies your case? For one RMZD client, instead of giving up, he continued to fight for his green card until the government saw the error of their ways.

On August 20, 2013, the U.S. Citizenship and Immigration Service (USCIS) granted lawful permanent resident status to “Mr. Cruz.” [Name has been changed to protect our client’s privacy].  This was the second time that the USCIS granted him permanent resident status, as the USCIS had previously revoked his permanent resident status erroneously.

Mr. Cruz’ journey in America began in 2001.  He left his native Philippines in search of a better life in the U.S.  Mr. Cruz was married to a Filipina several months after entering the U.S.  During the course of his marriage, Mr. Cruz was granted permanent resident status on the basis of his wife’s employment.  He was happy after his application for adjustment of status was approved, and he was excited about eventually becoming a U.S. citizen.

Mr. Cruz’ marriage unfortunately ended by divorce n 2010.  And to make matters worse, as he was undergoing divorce proceedings, the USCIS reopened Mr. Cruz’ application for adjustment of status and denied it.  Their reasoning was that he was not eligible for adjustment of status at the time that his application was approved because he was already divorced from his wife.  But this belief was wrong – Mr. Cruz was still married to his wife at the time his application was approved.

Approximately two years following the revocation of his permanent resident status, Mr. Cruz sought the assistance of Reeves & Associates (R&A).  The case was assigned to Attorney Devin Connolly, a partner of the firm.  Attorney Connolly quickly realized that the USCIS had erred in reopening Mr. Cruz’ application.

Attorney Connolly filed a request for the USCIS to again reopen Mr. Cruz’ application, but this time to approve it since Mr. Cruz was indeed entitled to permanent resident status at the time it was initially approved.  A motion to reopen is technically due within 30 days of the denial, and this request was filed approximately two years after the denial.  Despite the delay, Attorney Connolly was confident he could persuade the USCIS to reopen the application due to their error.

Reeves & Associates is now pleased to announce that the USCIS reopened Mr. Cruz’ application and granted him permanent resident status, for the second time.  As a lawful permanent resident of the U.S., Mr. Cruz can now live and work in the U.S.  He can freely travel in and out of the country and he again looks forward to the day when he can apply to become a U.S. citizen.

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