IRC Client wins federal lawsuit and finally gains legal residency

Many of our clients have an immigration story that starts with an involuntary loss of their home. For Candace, it was the loss of her father in a car accident caused by a drunk driver, suddenly upending the lives of herself and her young, pregnant mother. Without any support network in Mexico City, and faced with the prospect of raising a toddler and a baby on her own, Candace's mother decided to join her brother, a US citizen, and make the journey up to Los Angeles. Candace's uncle invited her into his home and raised her as his own, reading Bible stories to her at night and using his woodworking skills to craft her toys and furniture. He adopted her, and Candace was able to grow up with a father. To protect her and allow her to remain in her new home, Candace's adoptive father petitioned for her to become a permanent resident.  

Due to immigration policies from USCIS, intra-family adoptions are viewed with skepticism and as a way to circumvent immigration laws. Despite the true nature of Candace and her adoptive father's relationship, USCIS refused to approve her application, leading to multiple denials before they came to the IRC for assistance. We compiled evidence of their day-to-day lives, showcasing how their parent-child relationship was long standing and bona-fide. We were still denied, with USCIS stating that, despite the evidence presented, they did not believe that the parental relationship was legitimate.

We recommended that Candace's family file a federal lawsuit with the help of Sabrina Damast's office, and at the beginning of the year, received the outstanding news that the government attorneys had reviewed the case and immediately conceded. Sabrina Damast's office commented to us - "your excellent work with presenting evidence in support of the I-130 made the lawsuit very easy to prepare, so hats off to you." We are proud that after 5 years of advocacy, Candace can finally receive her permanent residency and find the safety and peace she deserves.

-Jonathan Fung, Director of Legal Services