To protect our client’s confidentiality, we omitted or changed identifying information and certain case details. Every immigration case is different, and past results do not guarantee a similar outcome.
A green card provides lawful permanent resident (LPR) status, but it does not guarantee that a person can never face removal proceedings.
In this case, a lawful permanent resident faced losing their green card because of circumstances connected to the immigrant visa they had used to enter the United States years earlier. Odunlami Law defended the client in immigration court, pursued a waiver, and presented evidence explaining why the Immigration Judge should grant relief.
The Immigration Judge approved the waiver. Our client retained lawful permanent resident status and can continue toward U.S. citizenship when otherwise eligible.
The Problem: A Marriage Changed the Client’s Visa Eligibility
Several years ago, our client received a family-sponsored immigrant visa in a category that required the client to be unmarried.
After the visa was issued but before traveling to the United States, the client married a longtime partner. The client did not understand that this change in marital status could affect eligibility under the visa category.
The client later entered the United States using the immigrant visa and became a lawful permanent resident.
Years later, the U.S. government learned of the circumstances surrounding the client’s marriage and admission into the country. The government placed the client in removal proceedings, putting the client’s green card and future in the United States at risk.
The Legal Challenge: Defending Permanent Resident Status
The central issue was whether the client could obtain relief from removal based on the specific facts of the case.
We pursued a fraud or misrepresentation waiver addressing the immigration issue connected to the client’s admission. This type of relief is not automatic. A person must satisfy the applicable legal requirements, and the Immigration Judge may need to decide whether the facts support a favorable exercise of discretion.
The client’s explanation alone would not be enough. We needed to present a complete and well-supported case showing why the waiver should be granted.
Our Removal-Defense Strategy
Removal proceedings often focus on a particular immigration violation. An effective defense must go further. It must examine the client’s full immigration history, determine what relief may be available, and present evidence supporting that relief.
At the merits hearing, Odunlami Law presented evidence concerning:
- The circumstances surrounding the client’s immigrant visa
- The marriage that occurred before the client traveled to the United States
- The client’s understanding of the visa requirements at that time
- The circumstances that led to the alleged immigration violation
- Positive factors supporting the client
- Testimony from witnesses
- The client’s life and ties in the United States
- The reasons the case warranted a favorable exercise of discretion
Our goal was to give the Immigration Judge the complete picture. The client’s case could not be understood fairly by looking only at the alleged violation. The court also needed to consider the client’s individual circumstances, supporting evidence, positive factors, and eligibility for relief.
The Result: The Immigration Judge Granted the Waiver
After considering the evidence and testimony presented at the merits hearing, the Immigration Judge granted the waiver.
This decision allowed the client to retain lawful permanent resident status instead of losing their green card through the removal proceedings.
The client can now move forward with life as a permanent resident and may pursue U.S. citizenship when otherwise eligible. Any future naturalization application will remain subject to all applicable requirements and review by U.S. Citizenship and Immigration Services.
“Every immigration case is unique. The facts, immigration history, available evidence, and legal strategy can all affect the outcome. When your ability to remain in the United States and build your future is at stake, experienced legal guidance can make all the difference.”
— Ifeoma Odunlami, Immigration Attorney; Founder, Odunlami Law
Why This Removal-Defense Case Matters
This case illustrates several important lessons for lawful permanent residents and their families.
1. A Green Card Does Not Make Someone Immune From Removal
A person may face removal proceedings even after living in the United States as a permanent resident for many years. In some cases, the government may raise an issue connected to how the person originally obtained an immigrant visa or permanent resident status.
2. Changes Before Entering the United States Can Matter
Marriage, divorce, and other changes in family circumstances can affect eligibility for certain family-based immigrant visas. A visa that was valid when issued may present legal problems if important circumstances change before the person uses it to enter the United States.
That does not mean every marriage before admission automatically results in removal. The effect depends on the visa category, the timing, the person’s immigration history, the government’s allegations, and other case-specific facts.
3. Removal Proceedings Do Not Always Mean Removal Is Inevitable
Some people in immigration court may qualify for a waiver or other relief. USCIS explains that certain people in removal proceedings can seek relief, including waivers of inadmissibility. Eligibility depends on the precise legal ground, the person’s history, qualifying relationships when required, and the supporting evidence.
A waiver is never guaranteed simply because a person has lived in the United States for a long time or can identify positive factors.
4. Evidence Can Be Critical
A successful removal defense requires more than identifying a possible waiver. The legal team must build a persuasive record supporting eligibility and, when required, showing why the judge should exercise discretion in the applicant’s favor.
Depending on the case, that record may include:
- Immigration documents
- Family records
- A detailed personal declaration
- Witness testimony
- Evidence of family and community ties
- Employment and financial records
- Evidence of rehabilitation or good character, when relevant
- Proof of hardship or other positive factors
- Evidence explaining the circumstances surrounding the alleged violation
The evidence required will depend on the particular form of relief and the facts of the case.
Can a Lawful Permanent Resident Lose a Green Card?
Yes. A lawful permanent resident may be placed in removal proceedings for certain immigration violations, criminal convictions, fraud or misrepresentation allegations, abandonment of residence, and other grounds established under immigration law.
However, being placed in removal proceedings does not automatically mean the person will lose permanent resident status. Courts must evaluate available defenses and forms of relief on a case-by-case basis.
Can a Misrepresentation Issue Be Waived?
Certain immigration laws provide waivers for some fraud or misrepresentation-related grounds. These waivers have specific eligibility requirements and limitations. Some also require qualifying family relationships or a favorable discretionary decision.
Not every person accused of fraud or misrepresentation will qualify. An immigration attorney must review the visa history, admission records, alleged conduct, removal charges, family relationships, and other relevant circumstances.
Can Someone Apply for Citizenship After Winning a Removal Case?
Possibly. Retaining permanent resident status may allow a person to apply for naturalization when otherwise eligible.
However, winning a removal case does not automatically guarantee citizenship. USCIS will review the naturalization application separately, including the person’s original admission as a permanent resident, immigration history, continuous residence, physical presence, good moral character, and all other applicable requirements.
A permanent resident with a complicated immigration history should obtain legal advice before applying.
Facing Removal Proceedings? Get a Case-Specific Evaluation
Removal proceedings can threaten your green card, your family’s stability, and your future in the United States. They also involve strict deadlines, detailed eligibility rules, and serious consequences.
Odunlami Law represents immigration clients throughout the United States. We review the government’s allegations, examine the client’s full immigration history, identify possible defenses and waivers, and develop evidence for immigration court.
If you or a loved one has received a Notice to Appear or is concerned about losing lawful permanent resident status, contact Odunlami Law for a case-specific legal evaluation.
Contact Odunlami Law: Call 973-993-1900 or visit https://odunlamilaw.com/ to request a consultation.
This case review is provided for general informational purposes only and does not constitute legal advice. Identifying details have been removed or changed to protect client confidentiality. Every case depends on its own facts and applicable law. Past results do not guarantee future outcomes.
