On August 19, 2010, Attorney Hamilton, completed the family-based adjustment of status of a Guatemalan alien who had been apprehended by ICE in 2003 during an attempted entry into the United States. During entry, it was alleged by the Government that the alien attempted to pass herself off as a U.S. Citizen (an extremely serious offense, for which there is no waiver).
Mr. Hamilton has been the only attorney in this matter. The following complex steps were taken leading to the August 19, 2010 adjustment hearing: Mr. Hamilton represented the alien while in detention successfully in a "credible fear hearing," which is a screening process to determine whether the alien might qualify for asylum. Next Mr. Hamilton secured parole from detention for the alien to pursue an asylum claim. Mr. Hamilton secured a change of venue for the alien from the jurisdiction of detention to Los Angeles, California. Mr. Hamilton then informed the court of the possibility that the alien might immigrate through a parent's family-based petition (for which a visa was not yet available, and would not be available for a number of years). Mr. Hamilton continued to pursue and document the asylum claim on the alien's behalf as the years passed. Over a year ago, a visa did in fact become available to the alien based on the parent's petition, but several obstacles stood in the way of adjustment. Firstly, the Immigration Judge (IJ) ruled that IJs do not have jurisdiction to perform adjustments of status for paroled aliens. Mr. Hamilton thus pursued a motion to terminate proceedings to allow USCIS to perform the adjustment (which requires the agreement of the Government's counsel). However, the government's lawyer would not agree to the termination since it appeared to the Government that the alleged false claim rendered the alien ineligible for adjustment. Mr. Hamilton then briefed for the Government's counsel and the court, the technical legal reasons why the alien's conduct should not amount to a false claim of citizenship which would deny the alien an adjustment of status. Finally, with the agreement of the government's lawyers earlier this year, Mr. Hamilton secured the Immigration Judge's termination of Removal Proceedings , for USCIS to perform the adjustment.
The officer's file at the adjustment interview was well over 1000 pages of Mr. Hamilton's considerable efforts in the various facets of the case. However, between Mr. Hamilton and the adjudications officer, all of the legal questions related to potential bars to adjustment were overcome and the alien's adjustment of status was granted. This alien has thus, after all of these years, finally immigrated to the United States, becoming a Lawful Permanent Resident. The firm congratulates the alien and thanks both the Court and the adjudicating officer for their parts in this lengthy and difficult process.
By: Maria Rangel
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