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I-130 BIA Appeal, Refiled I-130, Approved for Jordanian Client in Toledo Ohio

by JP Sarmiento on November 6, 2011

CASE: BIA Appeal and Refiled I-130
CLIENT: Jordanian
LOCATION: Toledo, Ohio

Our client is a Jordanian citizen who married her U.S. Citizen husband in Jordan in September 2009.  They had their marriage ceremony in Jordan, and our client came to the United States in October 2009 with an F-1 student visa.  Since September 2009, the couple has maintained their bona fide martial relationship in the United States.  The couple also entered a marriage contract in the United States after our client came here.  Once our client came to the United States, her U.S. citizen husband filed an I-130 Petition on her behalf.  They had an I-130 interview at the Cleveland USCIS Office in October 2010, but the USCIS issued a Notice of Intent to Revoke in March 2011.  The USCIS intended to revoke the I-130 petition because our client was not free and lawfully eligible to enter into a valid martial union at the time of their marriage.  Although our client prepared and submitted a response to Notice of Intent to Revoke with an assistance of her immigration counsel, the USCIS revoked the I-130 petition.

Our client consulted with our office in June 2011.  They explained to us what happened during the I-130 interview, and we thoroughly reviewed the USCIS’s revocation/denial decision.  After the review, we pointed out that there were several mistakes by previous counsel with regard to their marriage dates and I-130 filing. The USCIS even claimed that our client fraudulently procured her student visa in Jordan and did not disclose her marital relationship with her current husband.  However, our client clearly applied for her student visa prior to her marriage to her U.S. citizen husband, and when the student visa was issued, she was still not married to her husband. Yet previous counsel admitted fraud though there was not any, and submitted a waiver.

Based on these facts, our office prepared a BIA appeal brief with extensive documents to reverse the USCIS’s determination.  We filed the BIA appeal on July 10, 2011.  Our office also refiled the I-130 with supporting documents including affidavits and an explanatory brief with regard to the marriage between our client and her husband. Dates pertaining to the F-1 visa application and the marriage were emphasized. The USCIS received our I-130 refiled application on August 11, 2011.

On October 29, 2011, the USCIS approved the I-130 petition without conducting an interview again. With the approved I-130, our client can file for Adjustment of Status application in the United States to get her permanent residency.

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