Last year a Client came to see us after her adjustment of status for the spouse of a US citizen was denied because immigration did not believe it was a bona fide marriage. We file a new adjustment of status in the case and went for an extensive fraud interview, meanwhile the client was placed in removal proceeding (deportation). Although the form I-130, petition for immediate relative was approved, USCIS refused to adjudicate the form I-485 (adjustment of status) for lack of jurisdiction because the client was not an arriving alien. At the hearing, Shah Peerally told the judge, who was by the way not very sympathetic, that he wanted the case to be terminated. The judge did not really want to hear about the situation however, she asked Shah to talk to the government attorney that this case should not have been in removal proceedings. The nice government attorney in this case agreed with Shah and agreed on a joint motion to terminate. Therefore the law firm filed a joint motion with the government attorney to terminate proceeding without prejudice. Today the motion was granted. Now we are informing the USCIS about the situation and are expecting an approval on the Form I-485 soon which means our client will obtain her permanent residence.
We are proud of our team on this case. God Bless the American legal system.