Case: I-130
Client: Ghanaian
Location: Phoenix, AZ
Our client came to the United States on a valid B-2 visa from Ghana in 2004 to visit his aunt in Maryland. Later, he decided to stay in the United States, and did not leave. He worked illegally, and on June 2004, our client got picked up at work by immigration officers and was issued a Notice to Appear.
The Notice to Appear did not have a hearing date and time. He was told he would get a hearing notice in the mail. He never moved for the next two years, yet he never received any hearing notice. Our client thought that the immigration court just closed his case due to his young age at that time. Apparently his hearing was scheduled and since he did not show up, he was ordered removed in absentia.
More than three years later, he married his U.S. Citizen wife and moved to Arizona. They had two U.S. citizen children. After a few years raising their children, our client decided to work on his immigration status. He contacted our office and we found out through his A number that he already had a final order of removal, and thus could not apply for adjustment of status. So our office filed a Motion to Reopen with the Arlington Immigration Court in Virginia and the Court granted our Motion. We then filed a Motion to Change of Venue to Phoenix, Arizona and the Motion was granted as well.
Prior to filing the Motion to Reopen, our office filed an I-130 petition based on our client’s marriage to his U.S. citizen wife. The I-130 petition was filed on March 5, 2012. Generally, if someone is a beneficiary of an I-130 petition while he or she is in removal proceedings, the USCIS schedules what’s called a Stokes interview, in which both husband and wife are interviewed separately for intensive questioning. This is to make sure the marriage is in good faith, and not entered into for the purpose of avoiding deportation.
The I-130 petition we filed though included various supporting documents which demonstrated the bona fide nature of our client’s marriage. We also emphasized the fact that they have been married for 5 years and have two U.S. citizen children. As a result, the USCIS approved the I-130 petition for our client without requesting an interview at the local office. The I-130 was actually approved the day before his scheduled Master Hearing in Phoenix.
Attorney Sung Hee (Glen) Yu from our firm accompanied our client at his Phoenix hearing. The Judge and DHS attorney were informed of the I-130 approval, and they both took note of our intention to have the case terminated for CIS adjudication of his adjustment of status application.
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