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Romanian Man Granted Legal Permanent Residence

Attorney Jerry Lynch, of the law firm Rudinski Orso and Lynch is proud to announce the Legal Permanent Residence status of a Romanian National who was present in the United Stated for nearly ten years without proper documentation. The Romanian flew to the United States in 2003 in route to Costa Rica, and, while at Newark International Airport, decided to go with friends to see Manhattan. The man never left. He spent several years enduring harsh winters and living in a metal shed because he was told that he would be caught by authorities and put in jail for breaking United States Immigration laws.  The man kept quite, never socialized and worked under the table for cents on the hour. Once his employer relocated the man to Williamsport Pennsylvania, things started to change.

The man was detained in 2012 and held for deportation proceedings in Batavia, New York.  A local woman who was romantically involved with the man contacted Attorney Lynch, who was able to have him released on bail. There were several motions made to the Immigration Court in Buffalo New York. Eventually the case was transferred to the Philadelphia Immigration Court system.

Attorney Lynch was able to argue that the man was admissible to the United Sates. The government believed that he traveled to the United States on “Travel Without a Visa” (TWOV) status, which, under United States Immigration Law, makes anyone traveling under TWOV inadmissible to the United States for adjustment to Legal Status. Attorney Lynch provided memorandums from legacy INS stating that the TWOV program was suspended for European Eastern Block countries shortly before the man traveled. While the effective date of the ban on TWOV wasn’t until after the man traveled to the United States, he would not have been eligible for TWOV anyways. He traveled on more than 2 carriers to get to Paris from Romania. The Foreign Affairs Manual, and the Immigration and Nationalities Act, provide that in 2003 those traveling on more than two carriers to the United States are not eligible to travel under TWOV status.

The other types of visas the man could have obtained for travel would not have prohibited him from adjusting or being admitted to the United Sates. The only possibility that would outside of the TWOV was that the man was traveling with a C Visa, a temporary visa mainly used by crewman aboard foreign vessels. While the Office of Chief Counsel, under the Department of Homeland Security, would not produce the man’s passport during proceedings to show exactly what visa he had, attorney Lynch was able to argue that this status does not prevent the man from asking for admission and adjusting to legal permanent residence. Crewmen traveling with C visas are statutorily ineligible to adjust to legal Permanent Resident status. The Romanian was not a crewman, and was ultimately found eligible to adjust to Legal Permanent Resident.

Under President Obama, deportation is at an all time high. This is the strictest office on Immigration Violations in the history of the country. (See Below) In many cases undocumented immigrants are here to avoid conditions in their home countries. Their situation is not much different than those that forced our own ancestors to come to this country.  They struggle with horrible wages because they are taken advantage of because of their status. The reality is that most of the immigrants that come to this country without documentation worked hard to get here and will continue to work hard if given the opportunity. These cases are a win-win because the government gets future taxes and the immigrant can step out of limbo.  The Romanian man is now married to the local woman that called the office and he plans on obtaining employment at a fair wage and raising a family.











October 14, 2013 Categories: Immigration