Asian American Bar Association of The Greater Bay Area

AILA American Immigration Lawyers Association

How We Won a Case Allowing Our Clients to Stay in the U.S. and Keep Their Green Cards Despite Their Absence From the U.S. for 7 Years

This case is regarding a couple, who were U.S. Lawful Permanent Residents. They departed to China for 7 years, and upon returning to the U.S., they were identified to have abandoned their U.S. green card statuses. They were put in an immigration court removal proceeding to be removed from the U.S. to China.

Our office was able to show that the couple had good reasons to stay abroad in China. For example, the husband had many medical problems and had multiple surgeries in China. The cost of medical care was much lower in China than it was in the U.S.

During the relief phase, our office was able to show that the couple had a valid relief of asylum, and therefore, should not be removed from the U.S.

The USCIS attorney finally agreed with our position and dismissed the removal charges after several immigration court proceedings. Our clients are very appreciative that they can live in the U.S. They are now studying English and U.S. History and Government to become U.S. citizens.

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