Issue:  Angel, a Venezuelan national, fled Venezuela in 2005 seeking political asylum in the United States.   In June of 2008, Angel came to our office after his application for political asylum had been denied by the Immigration Judge and again denied by the Board of Immigration Appeals.   The denial of Angel’s asylum application had left him with a final order of deportation, barring him from obtaining resident status in the United States.  

Solution:    In August of 2008, Angel married his then-girlfriend, Ivon, a lawful permanent resident of the United States and a Cuban national.    In March 2009, our office assisted Angel in filing an application for permanent residency under the Cuban Adjustment Act as a spouse of a Cuban national.   However, because Angel had previously been ordered deported, he remained ineligible for his residency unless his case could be reopened with the Immigration Court and the final order of deportation removed from his file.   In April 2009, our office filed a Joint Motion to Reopen with the Office of Chief Counsel, the attorneys for the government, requesting that the government agree to reopening Angel’s case so that he could become a U.S. resident based on the marriage to his Cuban wife.    Despite repeated efforts from our office to obtain a decision from the government, Angel’s motion remained pending with the government attorneys’ office for an extended period of time.    In the meantime, Angel’s ex-wife and his 10 year old son were granted political asylum in the United States, furthering Angel’s desire to remain in the United States with his wife and family.   Finally, in December 2010, the government agreed to join in the motion to reopen Angel’s removal proceedings.   Shortly thereafter, the Immigration Judge granted the Joint Motion to Reopen and scheduled Angel for a Master Calendar Hearing in March of 2011.  

On March 17, 2011, we attended the Master Calendar Hearing with Angel and informed the Immigration Judge that Angel was immediately eligible for his residency under the Cuban Adjustment Act.   As Angel had been waiting more than two years for his residency, we requested to move forward with the case as expeditiously as possible.    The Immigration Judge provided us with an Individual Hearing date of March 23, 2011, only six days following the Master Calendar Hearing.   We are happy to announce that the Immigration Judge approved Angel’s application for permanent residency at the Individual Hearing.   After waiting nearly three years for his residency application to be approved, Angel has now become the newest lawful permanent resident of the United States.    Finally, after more nearly six years in this country and a long and winding journey through the immigration court process, Angel has obtained permanent legal status in the United States.   Congratulations to Angel and his family!

Posted in BIA, Board of Immigration Appeals, Cuban Adjustment Act, Deported, Joint Motion to Reopen, Motion to Reopen, Political Asylum, Political Asylum, Venezuelan | No Comments »