Monday, December 11, 2017
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Attorney Famuyide Converts Withholding of Removal And Obtained Green Card For Immigrant

mail_boxIt was a great risk to let go of certainty to pursue uncertainty, but for a better future, it was worth the risk. Attorney Famuyide was involved with the immigrant in this case for about 10years. At the end, the immigrant was issued his permanent resident card last month. It was one of the creative matter handled by Attorney Famuyide. This case could simply be described as from removal proceedings before the immigration court to permanent resident status.

It all started in Maryland with a marriage to a U.S. citizen spouse. The immigrant in Attorney Famuyide’s case attempted to obtained permanent resident status in Maryland. After about two interviews, the marriage failed and the matter was inconclusive. Unfortunately for the immigrant, he was put in removal proceedings right away by the U.S. Citizenship & Immigration Services. It was at this stage that Attorney Famuyide was retained. The matter was transferred to New York and it took about 3years of going back and forth the court before the matter was concluded.

 Attorney Famuyide applied for withholding of removal before the immigration court on the ground of previous persecution faced by the immigrant years ago before relocating to the United States.



It must be noted that withholding of removal is similar to asylum but the benefit from withholding removal is just employment authorization. When an immigration judge grants withholding of removal, the immigrant is given indefinite stay in the United States without any status. The order always comes with removal order that is stayed indefinitely. The immigrant cannot travel abroad but can live in the U.S forever. The immigrant will only be given employment authorization card renewable yearly for work and function in the U.S.


The requirement for withholding of removal though similar if not more difficult to meet than asylum, withholding of removal grants less benefit. An immigrant will often opt for withholding of removal instead of asylum if the application is being filed after a year of arrival in the United States. Asylum requires that the application be filed within one year of arrival in the United States.


After an extensive documentation, the immigrant in Attorney Famuyide was granted withholding of removal at the immigration court trial conducted in New York. The immigrant was the sole witness but the supporting documents were extensive. He was issued employment authorization renewable yearly.

After about three years, the same immigrant got married to a U.S. citizen and their marriage was immediately blessed with children. He approached Attorney Famuyide as to how to obtain permanent resident status through his wife. He retained Attorney Famuyide and the work started.


For this immigrant to obtain permanent resident status, he must reopen the removal proceedings and terminate the withholding of removal. It is a case of letting go of certainty to pursue uncertainty.


The petition was filed with the U.S. Citizenship & Immigration Service and Attorney Famuyide also filed a joint motion to reopen the withholding of removal case. The Chief Counsel’s office in New York agreed to join the motion and the removal order attached to the withholding of removal case was reopened. At the end the court terminated proceedings.


Subsequently, Attorney Famuyide applied for adjustment of status to obtain permanent resident status for this immigrant through his U.S. citizen spouse.


At the adjustment of status interview, all old issues were cleared and the immigrant was granted permanent resident status to the delight of his family.


If you are an immigrant in the United States previously granted withholding of removal, please note that it is possible to reopen the case again to seek better relief that you might be eligible for. Before, you start the process that will cancel the withholding of removal, make sure you are eligible for the new relief you might be seeking and that it is certain that you will get it. Once you terminate the withholding of removal, you will no longer be eligible to get employment authorization.


This article is for your information only; it is not a legal advice and should not be substituted for a legal counsel that could only be obtained from an attorney after evaluating your case. This is not a representation of future outcome. 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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