Our May 2018 clients of the month are Marcelle de Lima and Luciano da Silva. Marcelle and Luciano are from Brazil and they came to the United States after the Brazilian economy started to decline in 2001 and they lost their jobs. When they came to the U.S., neither could speak English and they had to start their lives over from scratch. They were resourceful and determined to build a stable and happy life for themselves and their future children. Marcelle took classes to learn English and put herself through culinary school. Luciano learned English through his employment and started his own business. Today, they have two wonderful children and they are both successful entrepreneurs: Marcelle has her own food service business and Luciano owns a booming construction business.
When Marcelle and Luciano came to Benach Collopy, they were already in removal proceedings and were eligible for non-lawful permanent resident cancellation of removal under INA § 240A(b). They had been in the United States longer than 10 years by the time their Notice to Appear had been filed, they did not have any criminal convictions, they had two U.S. citizen children who would suffer exceptional and extremely unusual hardship if Marcelle and Luciano were forced to return to Brazil, and they were individuals of excellent moral character.
At the time, Marcelle and Lucian’s son was 15 years old and their daughter was 6 years old. Their son was so worried that his parents would be taken away from him that he suffered from anxiety and a stress disorder. His attentive parents were able to help him manage his conditions and learn appropriate coping tools. Their daughter was a thriving girl who took ballet lessons, wanted to start cheerleading, and was too young to understand the implications of a potential denial of her parents’ applications for cancellation of removal. Marcelle and Luciano were able to show the Immigration Judge that denying their applications for cancellation of removal would thrust their son into a worse state of anxiety and trigger his stress disorder and that such a denial would completely destroy the safe, stable, loving, and supportive home and family that these children with their parents. Marcelle and Luciano’s candid and touching testimony convinced the Immigration Judge and DHS that their children’s well-being demanded that they be granted non-lawful permanent resident cancellation of removal. Now, Marcelle and Luciano are able to remain in the United States as permanent residents.
We at Benach Collopy are thrilled to have been a part of Marcelle and Luciano’s journey to stable and permanent status in the United States. Congratulations Marcelle, Luciano, and your wonderful children! We look forward to enjoying Marcelle’s delicious cooking for years to come!