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

Our client came to the United States in May 2009 with a J-1 Exchange Visitor visa from Moldova.  She was not subject to the two-year foreign residency requirement, so she could apply for adjustment of status in the United States without a waiver.  She married a U.S. Citizen in December 2010 and retained our office in May 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on June 7, 2011.  Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On September 1, 2011, our client was interviewed at the Cleveland, Ohio USCIS.  We accompanied them at the interview as well.  On September 16, 2011, her green card application was approved.

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CASE: Bond Hearing With Immigration Judge. Detained Case.
NATIONALITY: Sri Lanka
WHERE DETAINED: York, Pennsylvania

This immigration release and bond redetermination approval was for a  Sri Lankan national who came to the U.S. on a B-2 visa a few years ago and overstayed. About 2 weeks ago, he was caught by immigration officers and was detained in York, Pennsylvania. A bond hearing was set for him with the Immigration Judge.

A week before his bond hearing, our office was retained. He was in a tough position because he did not have any relief from removal as of that point. He was not married, had no fear of returning to Sri Lanka good enough for asylum (plus the fact that he’s been in the U.S. for over a year). He mentioned he had a girlfriend who was a U.S. Citizen and they planned to get married. However, he’s in jail. Another factor the Immigration Courts look to is the presence of immediate family members in the United States. He did not have any. We explained to him the factors a Judge looks at in bond hearings – family members, availability of relief especially. We explained it is going to be tough but we’ll do our best.

We gathered as much evidence of his relationship with his girlfriend. One of his friends also submitted an affidavit of support to show his ability to pay a bond if one is issued. Despite the bond hearing date coming up and the fact that our office was only retained about 6 days before the bond hearing, we were able to submit all supporting documents to the Court a day before the bond hearing.

At the bond hearing, the Judge asked whether there was any relief as of this point. There was none but with the supporting documents we had, we argued that even if our client did not have relief, that upon release he will get married to his U.S. Citizen girlfriend. We argued that the relationship is bona fide based on the submitted supporting documents, a detailed letter and some pictures of the couple included. We argued that immediately after the marriage, his girlfriend would file an immigrant petition for him which upon approval would enable our client to file for adjustment of status (green card).

The Judge granted a release on bond and adjourned the hearing. The Judge also noted that after he gets released and goes back home to Chicago, we may file a Motion to Change Venue which he would grant.

Our client is now out of jail and back with his girlfriend in Chicago.

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