Monday, December 11, 2017
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Attorney Famuyide Wins Green Card for Immigrant With Favorable Exercise Of Discretion Argument

mail_boxIt was an unprecedented victory for a New York based immigrant when the U.S. Citizenship & Immigration Services sent her the much elusive Welcome To America letter and a permanent resident card after many years of uncertainty.

Many thanks to Attorney Famuyide for taking on the battle on behalf of the immigrant and winning for the immigrant after over 20years of extremely complex case. According to Attorney Famuyide, it was the first time he would come across a case of this nature in about 20years of practicing in the field of immigration in the United States.


The complexity of the case emanated from the issuance of a green card to the immigrant over 10years ago. In the late 90s and early 2000s, the immigrant traveled with the green card several times successfully, but when Attorney Famuyide requested for the file of the immigrant in preparation for filing for naturalization, there was no record of the issuance of the green card in the file of the immigrant. It became a puzzle to be untangled by Attorney Famuyide. In fact, Attorney Famuyide requested for the old file of the immigrant because her explanation about the issuance of the permanent resident card was not clear.

At the end it was clear that the immigrant in the electronic file of the U.S. Citizenship & Immigration Services had a green card, but in the actual file, there was no record of any approval leading to the issuance of green card. This explained why the immigrant was able to travel until the intense security checks were introduced after 911.

Instead of naturalization, it was now Attorney Famuyide’s assignment to quash the bad green card and obtain a good permanent resident card for the immigrant through a new petition and application for adjustment of status. It was an uphill battle to go to USCIS to surrender a bad green card and request for approval of application leading to a good green card. Attorney Famuyide took the case on and after about 3years of battling which included at least two appearances and two briefs, Attorney Famuyide won.

The immigrant in question had U.S. citizen child who was over the age of 21. To start the process, Attorney Famuyide as a matter of strategy, in order to ensure that the immigration court would have jurisdiction over the case so that it won’t be the U.S. Citizenship & Immigration Services alone, first filed the petition for alien relative. After the petition was approved, Attorney Famuyide proceeded to filed the application for adjustment of status. With the approval of the petition, even if the USCIS should refer the case to the Immigration Court, the court would have concurrent jurisdiction over the case with the USCIS.

The filing of the adjustment of status posed a big challenge to the USCIS, the officers were simply confused. They were eager to want to talk to Attorney Famuyide’s client to help solve the puzzle. In their electronic file they found that the immigrant was a permanent resident alien, but in their manual file, her previous case was denied. It was also a misery to Attorney Famuyide how that was done.

After the initial processing, the immigrant was scheduled for interview. The confused officer interrogated the immigrant for hours and obtained written statement. At the end of the interview, it was not clear what happened, the officer was not able to establish fraud. The only thing that was clear was that the immigrant was not supposed to have been issued the permanent resident status. The interview ended inconclusively.

The case was referred to a supervisor and after many months of waiting the immigrant was scheduled for another interview. Attorney Famuyide again was at the interview with his client. It was another officer and the questions were endless. As instructed by Attorney Famuyide, his client stood her ground. When the officer could not decisively conclude the case for or against the immigrant, he too referred back to the supervisor.

After many months of waiting the U.S. Citizenship & Immigration Service not know how to punish the immigrant for a sin that cannot be established decided to issue a Notice of Intent to Deny under the “appearance of evil” rule. The immigrant was given 30days within which to respond, otherwise, the case would be denied.

It was the opportunity Attorney Famuyide was waiting for to swing the pendulum of justice in favor of his client through excellent brief writing. It must be noted that brief writing is an art and Attorney Famuyide has triumph in many cases using this skill to the benefit of his clients.

Attorney Famuyide decided to use the exercise of favorable prosecutorial discretion requirements in the USCIS memorandum issued to decongest the immigration court. As a result of the long stay in the United States, the immigrant had accumulated a lot of favorable equities which were very strong. The family ties to the U.S. was very strong. The immigrant had grand children already in the U.S.

In about 200-page brief, Attorney Famuyide argued in favor of the immigrant and after about 4 months of waiting, the U.S. Citizenship & Immigration Services decided to approve the case. The immigrant was issued a new and valid permanent resident card. Another success story of Attorney Famuyide. Now the immigrant could travel and also prepare to become a U.S. citizen in the future.

It must be noted that each case is different. If you want to obtain permanent resident status in the U.S., Attorney Famuyide might be able to help you.

The first step is to consult with a qualified immigration attorney to seek counsel. If you need an immigration attorney, Attorney Famuyide is available to help you.

This article is for your information only; it is not a legal advice. If want to apply for immigration benefit or If you have any question, please feel free to contact Attorney Famuyide at 718-647-6767 or send email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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