CinaImmigration AttorneyReceivesDHS Prosecutorial Discretion FromMemphis Uscis Director:IndianNational AdjustsStatus with PetitionFiled Using False Name
Attorney Mark Daly requested and received prosecutorial discretion from the USCIS office in Memphis to allow his client to adjust status to permanent resident despite filing the petition using a false name. “ I told my client to tell the truth to the Immigration Officer in Memphis and explain what had happened, and based on the hardship to his wife and children the Officer let him adjust status. He wasn’t even charged with making a misrepresentation.”
The client, a citizen and national of India, was smuggled into the US and was caught at the border. He gave the border patrol a false name and then married his wife. Upon advice from bad immigration attorneys, they purchased false documents from India and filed a complete marriage based petition and adjustment of status application using the false name and submitting the false documents before the sunset deadline for 245(i). He became fearful and never went to the interview.
He contacted CINA for advice. “I told him that he had to totally come clean with the USCIS and re-file the adjustment of status based on the old I-130 with the false name. He was afraid and trusted us. When we went to the interview they both broke down in tears, told their story, answered all of the questions and begged for discretion. I provided the officer with a memo from the Attorney General regarding prosecutorial discretion and told him we desperately needed him to exercise discretion. He did, and my client is now a permanent resident.” This marks a total departure from policies in the Bush era.
CINA represents immigrants before USCIS, removal hearing in all immigration courts in all 50 states. For more information on contact Mark C. Daly at (615) 324-7757
Contact:
Mark C. Daly
Community of Immigration & Naturalization Attorneys, PC
2500 21st Ave South, Suite 100
Nashville, TN
37212
Tel: 1-877-381-2814
Email: mdaly@west.net
www.cinaimmigrationlawyers.com
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