Rebuilding Lives: How DeMine Law Firm Resolved a Removal Order for a Domestic Violence Survivor
What would you do if you started a new life in the USA after escaping a domestically violent relationship, only to be ordered for removal because of a misunderstanding due to your inability to understand English?
That’s what happened to our client, Mrs. S, who sought our assistance after spending 30 years in the U.S.
Born and raised in Honduras, Mrs. S fled to the U.S. in 1995 to escape her abuser. However, she was apprehended at the border and released on her own recognizance.
What does “apprehended at the border and released on her own recognizance” mean? It means she was detained or stopped by immigration or border enforcement authorities while attempting to cross the border, usually due to concerns about her immigration status, documentation, or other legal issues. “Released on her own recognizance” means that the individual was allowed to leave custody without having to pay bail or remain detained, on the condition that they promise to appear at future court or immigration hearings. Essentially, the authorities trust that the person will comply with legal processes and return for required proceedings.
Unfortunately, Mrs. S was unaware of this due to her language barrier and, therefore, did not appear at an immigration court hearing. Because of this simple yet dire mistake, she was ordered to be removed due to her court absence.
In 2020, Mrs. S hired DeMine Immigration to assist her with her case. After creating a strategy for her case, we learned that Mrs. S was married to a United States citizen, opening the door to a spousal petition. We took the following approach to her case:
The Strategy
- I-130 Spousal Petition: A petition filed to establish the relationship between a U.S. citizen or lawful permanent resident and their foreign spouse, serving as the first step in obtaining a green card. We helped Mrs. S get her I-130 spousal petition approved.
- I-212 Waiver: After the approval, we submitted an I-212 waiver (a request to reapply to enter the U.S. after being deported or removed) to the local USCIS office, showing that Mrs. S deserved a chance to gain legal status in the U.S.
- I-601A Waiver: Once the I-212 was approved, we filed an I-601A waiver to address her unlawful presence. This is a request to waive the 10-year unlawful presence bar, allowing the applicant to move forward with their immigration process. This involved proving that her U.S. citizen spouse would face extreme hardship without her.
Mrs. S was then interviewed by the U.S. consulate in Honduras. There was a lot of anticipation regarding Mrs. S’s failure to attend her immigration court hearing. Would that present another ground of inadmissibility that could possibly lead to a denial of her immigrant visa?
We prepared for that scenario. During Mrs. S’s interview preparations, we also prepared a sworn affidavit regarding the domestic violence Mrs. S faced in her home country and the lack of resources available to her upon arriving in the U.S.
Thankfully, we’re happy to announce that the immigration officer approved Mrs. S’s case.
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Indera DeMine, Esq
Ms. DeMine is a resident of Southwest Florida and a solo practitioner located in downtown Fort Myers. Ms. DeMine started her immigration law career immediately after graduating Ave Maria School of Law in 2012. She began working for a local firm in Fort Myers, Florida for almost 4 years. As an immigrant herself, Ms. DeMine has always been passionate about Immigration law and welcomed the opportunity to help her clients navigate the often confusing, immigration process.
