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:
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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