November 26, 2012 – After four years of litigation in the Immigration Court, a citizen of Guatemala receives a green card despite a conviciton for second degreee assault

Facts: In 2007, a citizen of Guatemala was placed in removal proceedings and he came to the firm for help in 2008.

The Firm’s Representation: The firm assisted our client’s wife in filing an I-130 petition petition on behalf of our client. Meanwhile, the Immigration Judge ordered deportation. After the I-130 was filed, the firm filed a motion to reopen in the Immigration Court, which was granted. Two years later, USCIS approved the I-130 petition. The firm then prosecuted our client’s adjustment of status in the Immigration Court. This was a tricky case because our client was convicted of second degree assault, with allegations of sexual assault. Even though our client was not convicted of sexual assault, the Immigration Judge has broad authority to consider any negative factors in the adjustment of status decision.

Outcome: On November 26, 2012, our client was granted adjustment of status, four years after the firm began the representation.