Freedom of Information Act Request Results in Evidence to Help Huntington Beach Immigration Client Avoid Deportation
After numerous Freedom of Information Act Requests to US Department of Homeland Security, US Citizenship and Immigration Services, the State Department and US Customs and Border Patrol, we finally received the evidence we needed to prove that one of our clients legally entered the United States over 35 years ago.
Our client entered the United States in the early 1980s using a legal US visitor’s visa. He was a teenager at the time, and he was traveling with a Church group from Western Samoa. He overstayed the authorized stay and has been living in the United States ever since that time. At some point he lost his passport, visa and I-94 and all proof that he entered the US legally. About 20 years ago, he married his wife, who is a US citizen, and the couple had 5 children.
Using another law firm, his wife petitioned for him to get lawful permanent resident status through the adjustment of status process. The other law firm filed for a replacement I-94 along with the adjustment of status application. The I-94 card is issued to non-US citizens when they legally enter the United States. It is the Arrival-Departure Record for foreigners used by U.S. Customs and Border Protection (CBP). USCIS could not locate the I-94, and they denied his adjustment of status. His case was sent to Immigration Court in Los Angeles for deportation proceedings.
The couple hired The Nunez Firm to see if we could help him avoid deportation. We filed FOIA requests with multiple government agencies trying to find any evidence that he entered legally and was, therefore, eligible to adjust status to lawful permanent resident status. We received notices from the Department of State, USCIS, USDHS and Congressmen’s office stating they could not find any records. Finally, we received a response from Customs and Border Protection with the missing I-94.
The couple is extremely happy. We can now prove to the immigration judge in Los Angeles that the husband entered legally and can adjust his status to permanent resident through his marriage to his wife. This couple will be able to live their lives in Huntington Beach without fear of deportation.
If you are considering the adjustment of status process or need representation in immigration court, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you during a confidential free consultation to discuss the options available to you.