CASE: Marriage Based Green Card
CLIENT: Thai
LOCATION: Cleveland, Ohio
Our client married his current U.S. citizen husband in May 2013 in Thailand. After that, his U.S. citizen husband filed an I-130 petition in Thailand. However, while it was pending, our client’s US Citizen husband had to come back to the United States for his employment.
Though the I-130 was pending, our client (beneficiary of the I-130) came to the United States in June 2013 with a B-2 Visitor’s Visa. Consular processing was their intent, however, while they were staying in the United States, our client and her husband changed their mind and wanted to pursue our client’s adjustment of status process in the United States. The tricky factor in their case was that there was already an I-130 pending, and yet she came to the United States on a non-immigrant visa. It was thus very important to prove non-immigrant intent despite the background of their case.
Our client contacted our office and retained us on September 4, 2013. We decided to re-file the I-130 here in the United States, file it together with an adjustment of status application, and explain RIGHT AT THE FILING STAGE (instead of waiting for the interview) that our client did not have any immigrant intent on her recent entry, despite the pending I-130 petition.
Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents including documents and an affidavit which demonstrated that she had an intention to return to Thailand when she came to the U.S. in June 2013.
We filed the applications on October 17, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.
Prior to the interview, we thoroughly prepared our clients at our office, especially on any possible “immigrant intent” issue. This was very important, as a denial on those grounds would not simply be a denial, but would add a possible requirement for a hardship waiver should a re-file be done. It they deny it, it’s as if our client would’ve been better off, sans the expensive cost of going back, pursuing consular processing.
On January 10, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well. The interview went well, and Attorney Yu explained that our client did not have any immigrant intent at the time of her most recent entry to the United States. On the same day, her green card application was approved.