Legal Permanent Resident and I-140/I-145
August 31, 2015
F.M. is from Ecuador, entered EWI in 1996. He had a labor certification approval, which had a priority date of April 30, 2001. He is a landscaper for a landscaping company in Norristown, P.A.
His former counsel filed an I-140/I-485 packet, but it was rejected because visa numbers were not available. He then retained us, and this time, we re-filed his petition in October 2005. In less than 6 months, he received an approval.
He subsequently had an adjustment interview based on the I-140, but there was a snowstorm on that day, and the immigration office was closed. We were told that the appointment would be rescheduled, but that never happened. We then learned that the case had been closed, so we filed a Motion to Reopen, and explained the circumstances. Unfortunately, by this time, the client had already been issued an NTA. We went to court, for which we filed a Motion to Terminate, with no government opposition. We then proceeded to file his EAD renewal, while we waited for the next interview to be rescheduled. But then, we got a denial of his EAD renewal, on the basis that the case had been closed. Oddly, the case was supposed to be still open!
Three years have passed from the time F.M. got his I-140 approval in 2006. During all that time, and in between service errors, delays and motions to re-open, we all remained steadfast, while F.M. endured the cascading effects of that one postponed interview. Finally, in June of 2009, the Motion to Reopen was granted and he was notified of an adjustment interview, which we attended. On November 19, 2009, he was granted legal permanent residency.
On November 24, 2009, he came back to our office, with a big smile and a warm handshake. He says that he hopes to be married soon.