Success for minor child wrongfully separated from his parents and ordered to leave the country
(Name withheld upon client's request)

The Board of Immigration Appeals recently granted an appeal filed by this Office on behalf of a child ordered to leave the U.S. by an Immigration Judge. The child's case had been severed from his parents' case and he was ordered to leave by the Judge, even though his parents' case remained pending. Effectively, the Judge expected this child to return alone to his native country, without family. More tragic was the fact that the Judge would not wait for the outcome of the parents' case which, if favorable, could have helped the child obtain his green card immediately thereafter. The child would not have been eligible for an immediate green card if he had been forced to leave the U.S. The Board stated that the child should be allowed to remain with his parents until their case was finished, in the interest of family unity and judicial economy.