Our client is a citizen of Jamaica. He is married to a United States
citizen and he and his wife have one child who was born in the United
States. He and his wife own and operate a small business.
He entered the United States in 2002 at the Virgin Islands as
a visitor with a valid visa. Unfortunately, he overstayed and
attempted to enter the United States mainland using a photo substituted
driver’s license.
Thereafter, Immigration Court proceedings were instituted against him.
He retained another lawyer to represent him before the Immigration
Court. He then married and his wife filed a Petition for Alien Relative
on his behalf, which was approved, and he applied for his green card
before the Immigration Judge.
The Immigration Judge denied his application for adjustment of status
on the basis that he was not statutorily eligible to apply because
there was insufficient income in the affidavit of support filed on his
behalf. The Immigration Judge then ordered him deported and denied his
application for voluntary departure.
At this point we were retained.
We filed a timely Notice of Appeal to the Board of Immigration
Appeals which stayed his deportation. We prepared and submitted a legal
brief on his behalf showing that the affidavit of support submitted
indicated that the total household income was sufficient to meet the
125% of the Poverty Guidelines.
The Board of Immigration Appeals agreed with our interpretation of
the Regulations, sustained the appeal, and remanded the case to the
Immigration Judge for further proceedings consistent with their
decision.
