I-212 and I-601A – A Long Road Leads to Residency for Husband with Deportation Order

Mr. C., came to the United States from Ecuador, and made his life and family with a U.S. Citizen, whom he met in 2009 and married in 2011. They had a beautiful young family together, and his intelligent wife desperately wanted to help her husband become a Permanent Resident. Unfortunately, there was no legal path available for Mr. C. to become a Resident when they were first married.

Shortly after they married, Mr. C. was traveling as a passenger in a car in North Dakota that was stopped by police. He was asked for identification, and when he could not present it, the police officer called immigration, who detained Mr. C. and filed charges for his deportation before the immigration judge. Although he fought his deportation, the Judge found that Mr. C. was not eligible to remain in the United States, and ordered him removed.

Our office defended Mr. C’s from deportation with appeals to the Board of Immigration Appeals and the Second Circuit Court of Appeals. With careful advocacy, we were able to negotiate with DHS for Mr. C. to remain in the United States. In 2016, a new rule opened the door to residency to Mr. C. with the Form I-212 waiver of deportation and Form I-601A provisional waiver for unlawful presence combination.  Mr. C. immediately hired De Castro Foden to request a Form I-212 waiver with USCIS to forgive the order of deportation from 2013, and then the Form I-601A to forgive his years of unlawful presence.

Finally, after many years of persistent work and dedication, Mr. C. was granted permanent residency in the United States! We truly celebrated this win in our office - every paralegal and attorney had a hand in working on Mr. C’s case, and we are so happy for this family.

*Disclaimer: No personal identification of our client is disclosed in this writing. Any photographs are stock images unless otherwise indicated.  This article is not intended to provide direct legal advice, and is merely informational. No attorney-client relationship is intended or presumed by receipt or review of this article. The information provided does not replace the need for informed counsel when immigration-related advice is needed.