CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Belgian

LOCATION: San Francisco, CA

Our client contacted our office in early September of 2015 regarding her I-751 filing. She came to the United States from Belgium and she married a U.S. Citizen (her ex-husband) in August 2012. Through her marriage, she was able to obtain a 2-year conditional green card in December of 2013. Our office represented and assisted our client’s initial green card process. Her conditional residency terminated in December 2015. However, our client experienced a lot of difficulties in her marital life with her ex-husband. Unfortunately, their marriage ended in December 2015.  Thus, our client could not file the I-751 application jointly with her ex-husband.

Once our office was retained, we requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition. We focused on the supporting documents that he can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.

On November 20, 2015, our office filed the I-751 application with various supporting documents (including an affidavit over 3 pages) to demonstrate our client’s bona fide marriage with her ex-husband.

In October 2016, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client and informed her of potential issues at the interview.

On November 22, 2016, our client was interviewed for her I-751 application at the USCIS San Francisco, CA Field Office. The interview was very extensive.  Nevertheless, the USCIS approved our client’s I-751 application on December 1, 2016. Now, she has her ten-year green card.

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CASE: I-360 Special Immigrant Derivative and I-485 Adjustment of Status

 CLIENT: Belgian

 LOCATION: Virginia

Our clients’ mother is a G-4 visa holder from Belgium who is working for an international organization in the United States.  She has a daughter and a son who came to the United States with him and sought legal assistance from our firm for her children’s permanent residency in the United States based on the special immigrant provisions under the INA.

INA 101(a)(27)(I)(i) defines such an alien as “an immigrant who is the unmarried son or daughter of an officer or employee, or of a former officer or employee, of an international organization described in paragraph (15)(G)(i), and who:

• While maintaining the status of a G4 nonimmigrant, has resided and been physical present in the United States for periods totaling at least one-half of the seven years before the date of application and for a period or periods aggregating at least seven years between the ages of five and 21 years
• Applies for adjustment of status no later than his or her twenty-fifth birthday…

Based on this provision, we advised our client that her children will be eligible for adjustment of status. They have been physically present in the U.S. for a period totaling at least one-half of the seven years before this date, aggregating at least seven years between the age of 5 and 21.

Our client’s mother retained our office on September 18, 2015.  Our firm prepared and filed the I-360 Petition and I-485 Adjustment of Status Application on September 24, 2015.  We included a letter from their mother’s international organization for verification purposes and their school transcript as well. Once the applications were filed, everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Eventually, on December 24, 2015, the USCIS approved both the I-360 and I-485 applications for our client’s children.  They now are green card holders.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Belgian
LOCATION: Cleveland, OH

Our client came to the United States in October 2013 from Belgium under the visa waiver program. He came here to visit his U.S. Citizen girlfriend (now his wife). As a visa waiver entrant, he was only authorized to remain in the United States for only 90 days.

Within two weeks of his entry to the United States, our client and his U.S. citizen girlfriend got married. They were planning to move to the Netherlands, so he did not have any immigrant intent when he initially came to the United States. However, things changed, and they decided to settle in the United States, so he and his wife filed an I-130 petition and I-485 adjustment of status application in January 2014.

Nevertheless, our client was worried about the potential immigrant intent issue so they contacted our firm in early April of 2014 for preparation and accompaniment at his green card interview. He retained our office on April 8, 2014. Prior to the interview, we thoroughly prepared our client at our office. On April 17, 2014, our client was interviewed at the Cleveland USCIS.  We accompanied our client at his interview as well.  On the same day, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Belgian

LOCATION: Virginia

Our client came to the United States from Belgium to study on an F-1 student visa in January 2012. Later on, she fell in love and married a U.S. Citizen in August 2012. They retained our office on February 6, 2013 for her adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 23, 2013.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients through conference calls. On September 16, 2013, our client was interviewed at the Fairfax Virginia USCIS office.  On September 26, 2013, her green card application was approved.

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