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Adjustment of Status and Termination of Removal Proceedings for Jordanian Client in Cleveland, Ohio

by JP Sarmiento on June 30, 2011

CASE: Termination of Removal Proceedings for Adjustment of Status With CIS
CLIENT: Jordanian
LOCATION: Cleveland, Ohio

Our client is a Jordanian citizen who came to the U.S. on a B-2 Visa in 2008. She resides in the greater Cleveland area with her U.S. citizen husband.  They were married in 2006 in Jordan, and prior to retaining our firm, her husband filed an I-130 petition for her while she was in Jordan. Unfortunately, his I-130 petition was denied by the USCIS due to his failure to prove a bona fide marital relationship. Since our client’s husband filed the I-130 by himself, he could not provide sufficient supporting documents when the USCIS issued the Notice of Intent to Deny.  Eventually, this I-130 petition was denied in July 2007, so our client could not come to the United States with a valid immigrant visa.

Thereafter, our client’s husband mistakenly filed Form I-129F to obtain a fiancée visa for our client. However, a K-1 fiancé visa could not be issued because they were already married at the time of the filing.  Thus, this K-1 visa was subsequently denied by the USCIS in 2008.

Our client then came to the the United States with a B-2 visitor visa in December, 2008, but she did not leave the country even after her authorized period of stay was expired. She started to reside with her husband in Ohio. In March 2010, the DHS issued her a Notice to Appear. She was placed in removal proceedings.

They visited our office in early April of 2010.  Once retained, our office promptly filed an I-130 Petition with bona fide marriage evidence. Their I-130 interview was scheduled in December, 2010, and our office thoroughly prepared and accompanied them for the interview. The interview lasted two hours but the I-130 petition was eventually approved.  Our office represented her also at her Master Calendar hearings in Cleveland Immigration Court.

Once the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings.  Ultimately, the Immigration Judge granted the Motion to terminate without prejudice and her case was transferred to the USCIS Cleveland Office for final adjudication.

Her I-485 Adjustment of Status interview was scheduled on June 28, 2011, and we accompanied our client and her husband at the interview.  After the interview, the CIS officer recommended her I-485 for approval.  Five years after their marriage, after struggling through the immigration system, our client finally has her green card.

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