At our immigration law firm, we have numerous success stories with our clients; however, this is a great success story that I thought would be important to share and a success story that I am also excited to discuss.
This client has been in the process of getting a green card since 2009. But unfortunately, his journey begins with other law firms, not our immigration law firm. So today, I want to discuss his journey, what other attorneys did that wasn’t helpful, and how we were ultimately able to get his waiver approved.
If you need additional guidance, our immigration law firm in New Jersey can help you put together your case. We work with clients locally, nationwide, and internationally.
Receiving a green card after so many denials
Our law firm has many success stories; however, there are some stories when that client comes to you because they’ve had bad luck with filing, and things have yet to work out. So they tell you, you are my last hope, and that’s such a heavy burden because when somebody says you are my last hope, it really is, and they honestly don’t have anywhere else to go.
In 2009, Our client was married to a U.S. citizen, and using another attorney, he filed an I-130 which was approved in 2010. However, the I-485 was denied. Below is a quick explanation of the forms discussed in this article.
I-130– is the first step in the family-based green card process. A U.S. citizen will file this form on behalf of the immigrant.
I-485 – is officially called the “Adjustment of Status Application” and is the official green card application.
I-765 – allows you to work while you’re waiting for your case to be processed
I-131 – is a travel permit that allows you to leave the country and return while your case is being processed.
However, his I-485 was denied because of inadmissibility issues because he had some problems based on a few minor criminal convictions that made him inadmissible. Because of this, he could not adjust his status.
In 2012, his lawyer filed a waiver (I-601) to forgive his criminal background. The I-601 waiver is an application submitted to dismiss certain grounds of inadmissibility. Unfortunately, USCIS also denied this waiver. His lawyer then appealed, and it went to the administrative appeals office, and his appeal was also dismissed.
So, in 2017, again, his lawyer filed a motion requesting to reconsider or reopen that decision. In 2018, the administrative appeals office denied that motion. At this point, this man was out of luck and had gone as high as he could.
After that denial, he decided to use another attorney. He came to my office and asked us what he could do. He tried everything he could, and it seemed there was no way forward. He needed to be able to work so he could support his family, and he was unable to do that. The first thing we asked for was for him to bring in all of his documents, and we also did a FOIA, or Freedom of Information Act, to get all the records that USCIS had on him. When we reviewed these documents, it was clear that the waiver (I-601) needed to be more compelling.
We filed a new I-601 waiver to prove extreme hardship on the U.S. citizen spouse. You have to prove that the U.S. citizen spouse will suffer extreme hardship if the intending immigrant is not allowed to stay in the United States, and it would not be feasible for the U.S. citizen spouse to return to the spouse’s home country.
We interviewed the couple so we could acquaint ourselves with the personal details needed to make a strong argument. We got medical records, and we were able to put together a powerful package, including a brief showcasing the fact that the U.S. citizen would suffer extreme hardship if her spouse were not allowed to adjust his status and stay in the United States.
Great news for our client!
Several months later, we had fantastic news. This time the I-601 was approved! It has been a long journey for this man since 2009, but he will now finally be able to get his green card.
It is crucial to remember that you must prepare these applications properly and ensure you get all the information you need. Therefore, it’s essential to ensure you have an experienced attorney that can dig into case law and provide you with a powerful brief to submit with your application.
As a matter of fact, we just got a request for evidence for his immigration medical exam – Form I-693. When you get a request for evidence for your medicals, it typically means that USCIS may not even interview you. Instead, USCIS will probably send his green card in the mail.
Why waivers are so crucial for these types of cases
Understanding waivers and what they can do for your case is essential. As you can see in this success story, our immigration law firm was able to get a previously denied waiver approved because we were able to convince USCIS (where the other attorneys had not) of the extreme hardship the U.S. citizen would suffer if her spouse were not allowed to stay in the United States.
It is important to understand that there are different grounds for inadmissibility. Sometimes our clients have done things that make them inadmissible, and they’re unaware of it because they didn’t know or no one told them or asked the right questions.
Misrepresentation or fraud is when you falsify or misrepresent key information to get a Visa or commit fraud during the visa application by not giving the officer the truth or presenting false documents.
For example, people have lied about their marital status and say they are married because they believe it will make it more likely for them to get a Visa. If you do get married subsequently, and file an application with USCIS, you will have to present a divorce. So the issue is, how can you be divorced from someone who does not exist. Some people compound the initial fraud by presenting a fake divorce decree. USCIS will also be able to find out if you faked a divorce. You will now need to seek a waiver of the misrepresentation and the fraud.
Student Visa Fraud: This is when a student applies for a student visa and never attended school once in the United States. That is a misrepresentation, and USCIS would see that as fraud. Even if you marry a U.S. citizen, they may require you to file a fraud waiver.
Your health status – your health status may make you also make you inadmissible. For example, if you have a drug issue, a diagnosis of a contagious disease, or a dangerous physical or mental disorder. Also, if you fail to get the required immunizations.
Unlawful presence: If you are in the United States without legal entry meaning you were not admitted or inspected. You will also need to file a waiver. However, it is essential to remember that with many of these circumstances, it can be forgiven by way of a waiver.
Are you looking for an experienced immigration law firm? We can help! We work with clients locally, nationwide, and internationally.
If you have any additional questions about obtaining your green card, would like us to review your case, or you are looking for immigration services, don’t hesitate to contact the Odunlami Law Firm at 973-993-1900 or email us at support@odunlamilaw.com.
We can help you will your immigration needs.
Areas of Immigration Law:
Naturalization (Citizenship) Application
Immigrant Relative Petitions
Fiancé Visa Applications
Adjustment of Status and Consular Processing
Criminal Consequences and Deportation Defense
Violence Against Women Act (VAWA) Application
Special Immigrant Juvenile Status
Green Card Renewals
Temporary Work Visas
Temporary Protected Status
Deferred Action for Childhood Arrivals
Waivers
