New PD Policy | H4 Application Rejected and Transferred to Immigration Court, Use Discretionary Power to Cancel Removing Proceedings

We will share a successful case where we use PD policy to persuade the immigration judge to stop the removing proceeding. 

Our client is the spouse of H-1B holder and has H4 visa. During the pandemic, the spouse did not reply in time to the Request For Evidence of H-1B extension, causing the client to lose his legal status and got an NTA.

After legal analysis, we found that the client lacks any relief that can apply in court to avoid the removal. Further, during the pandemic, if the client overstayed for more than 1 year and leaves from the territory automatically, he will suffer a 10-year inadmissibility bar.

We believe we can take advantage of the new PD policy under Biden administration. We immediately submit the application of cancellation of removing proceedings to OPLA. After the approval, we then filed to the immigration judge a motion to terminate and finally got issued. Thus, the client does not face the removal and separation from his family.

PD policy is short for Prosecutorial Discretion, which is the government’s discretionary power to decide whether to sue or not. The new PD policy is a good news for respondents in different immigration court proceedings, for example:

• The case may be transferred to immigration court (even you do not have any proper immigration ways and you hope to end the removing proceeding)
• The case has been in immigration court, and now you hope to end the court proceeding and transfer to USCIS
• You were green card applicant, but now you are in removing proceeding (no serious criminal background and hope to end the removal proceeding)
• You once had a removal order, and now your U.S. relative is applying green card for you while you hope to open the removal order
• You are A-10 card holder, and now your U.S. relative is applying green card for you while you hope to open the removal order
• You crossed the border to the U.S. and are in the immigration court proceeding, and now you want to apply I-601A waiver

Though PD policy is beneficial to different kinds of cases, whether the case is fit for PD policy varies. Please contact Law Offices of Sabrina Li if you have questions.