HAMILTON COMPLETES ADJUSTMENT IN DETAINED PETITIONING SPOUSE CASE

In one of his more complex adjustment of status matters in many years, Attorney Hamilton, secured Lawful Permanent Residence for an African alien whose spouse had been in criminal detention during the I-130 Petition phase of the case.

Hamilton began his representation of the alien in mid 2009, after the alien had been placed in Removal Proceedings in Los Angeles, California. Though at first-blush, the alien appeared qualified to adjust through marriage to a US Citizen, this adjustment was made complex by the fact that the US Citizen spouse, at the time, was detained for a protracted period at a certain criminal detention facility. Hamilton sought to reassure the Immigration Judge that an I-130 interview could be conducted by USCIS while the petitioner was detained and then set about the difficult task of actually coordinating such an interview between authorities at the correctional facility and USCIS in LA. Ultimately, after many false starts with USCIS, the I-130 interview was conducted in early 2011 and the I-130 approved days later, while the Petitioner remained incarcerated. Hamilton appeared in person with the alien at the Los Angeles Field Office, while the petitioner testified via phone from the correctional facility.

Following approval of the I-130, Removal Proceedings were terminated to allow USCIS to complete the adjustment of status phase of the case. We are happy to announce that this matter, after certain unexpected developments and added complexities in the adjustment process, was successfully completed this morning by supervising USCIS Officers. The alien received Lawful Permanent Residence in the United States, ending this stressful chapter of the immigration journey.

We are grateful to USCIS for its thoughtfulness and patience in accommodating and fairly adjudicating what was indeed an unusal and challenging set of circumstances.

By: Maria Rangel