Receiving Permanent Resident Card Even Got Deportation Order on hand and arrested by the USCIS 06/01/10

[Tips from Peter L. Quan: this article talks about a person with deportation order for many years and even had been arrested by USCIS one year ago. But he got permanent resident card several days before. The key point lies in the attorney’s fully preparation and endeavor. Please read the whole article for details.]

Mr. Wang (Alias) entered in the USA in 1993 without inspection of immigration officer. After he came to the USA, he found an attorney named Bao to apply for legal status for him. Unfortunately, because that Bao had been related to smugglers and engaged in tax evasion, he had been filed for investigation and sentenced to the jail for several years. Mr. Wang was affected by Bao’s case. Mr. Wang’s case was declined very strangely and got the deportation order. Several years later, about in 2008, Mr. Wang was arrested by NYPD because of a very small criminal case. He did fingerprint and was found to have deportation order. Then he was transferred to USCIS jail. He might be deported in any minute. Generally, for anyone who got deportation order, once he committed a criminal crime, he might be deported to China. Without choice, Mr. Wang’s families looked for Peter L. Quan immediately. They requested Peter L. Quan to let Mr. Wang stay in the USA, at least, not be deported back to China.

The first thing Peter L. Quan did was to go to the immigration jail located in Manhattan to visit Mr. Wang and learnt about the case information. Generally, several things needed to be done: first, Mr. Wang should stay in the USA. Second, the attorney should try to ask the USCIS to release Mr. Wang as soon as possible. Thirdly, the attorney needed to request to appear on  the court and get permanent resident card for the client. This is really a very challenging case. Readers might know that the application is usually submitted within one year you entered in the USA. But Mr. Wang stayed in the USA for many years with deportation order. Secondly, criminal case record itself strengthened the difficulty of application. Since USCIS would not intend to issue green card to people with criminal records. Mr. Wang’s case was destroyed because of Bao, according to the Chinese famous saying, you need to solve the problem from where the problem starts. So Peter L. Quan thought that if Mr. Wang wanted to receive the permanent resident, they needed to start with Bao.

In the beginning, they needed to testify that Bao had dealt with Mr. Wang’s case. This was not a very easy thing. Since it had been such a long time, Mr. Wang had no documents at hand, which was such an unfortunate thing. Not only Mr. Wang, according to Peter L. Quan’s observation, many people had not such a habit of saving recodes and receipts. This is not a very good habit. Even though the attorney has very excellent personal ability, there is no way for the attorney to collect all the evidences. Thanks god that it is in the USA and there is a National Archives. Theoretically, all the documents submitted to USCIS or the court will save a copy in the National Archives. And the applicant has the qualification to get one of the copies. Besides, we can get the files from BIA. Via Peter L. Quan’s endeavor, Mr. Wang’s file was received quickly.

The next stop was to ask the judge to give Mr. Wang another opportunity to appear on the court. According to Peter L. Quan’s experiences, the immigration judge heard about Bao’s issues. Just as the Chinese saying, bad things always spread fast. The judge exempted one year period application requirement immediately. After Peter L. Quan’s efforts, the judge granted Mr. Wang’s application. Mr. Wang got the deportation order for a long time, and stayed in the USA illegally, and also he submitted the application more than one year. What’s worse, Mr. Wang had criminal records and been arrested in the USCIS jail and might be deported to China in any minute. With such bad situations, Mr. Wang’s permanent resident card might be viewed as a miracle. At lease, it was a very rare case in immigration judge’s judgments. It was lucky that another Chinese got legal status in the USA. Of course, this case was Peter L. Quan’s best success and pleasure.

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