CASE: Termination of Removal Proceedings for Adjustment of Status With CIS
CLIENT: Jordanian
LOCATION: Cleveland, Ohio

Our client is a Jordanian citizen who came to the U.S. on a B-2 Visa in 2008. She resides in the greater Cleveland area with her U.S. citizen husband.  They were married in 2006 in Jordan, and prior to retaining our firm, her husband filed an I-130 petition for her while she was in Jordan. Unfortunately, his I-130 petition was denied by the USCIS due to his failure to prove a bona fide marital relationship. Since our client’s husband filed the I-130 by himself, he could not provide sufficient supporting documents when the USCIS issued the Notice of Intent to Deny.  Eventually, this I-130 petition was denied in July 2007, so our client could not come to the United States with a valid immigrant visa.

Thereafter, our client’s husband mistakenly filed Form I-129F to obtain a fiancée visa for our client. However, a K-1 fiancé visa could not be issued because they were already married at the time of the filing.  Thus, this K-1 visa was subsequently denied by the USCIS in 2008.

Our client then came to the the United States with a B-2 visitor visa in December, 2008, but she did not leave the country even after her authorized period of stay was expired. She started to reside with her husband in Ohio. In March 2010, the DHS issued her a Notice to Appear. She was placed in removal proceedings.

They visited our office in early April of 2010.  Once retained, our office promptly filed an I-130 Petition with bona fide marriage evidence. Their I-130 interview was scheduled in December, 2010, and our office thoroughly prepared and accompanied them for the interview. The interview lasted two hours but the I-130 petition was eventually approved.  Our office represented her also at her Master Calendar hearings in Cleveland Immigration Court.

Once the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings.  Ultimately, the Immigration Judge granted the Motion to terminate without prejudice and her case was transferred to the USCIS Cleveland Office for final adjudication.

Her I-485 Adjustment of Status interview was scheduled on June 28, 2011, and we accompanied our client and her husband at the interview.  After the interview, the CIS officer recommended her I-485 for approval.  Five years after their marriage, after struggling through the immigration system, our client finally has her green card.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Jordanian

LOCATION: Ohio

ISSUES: Permanent Residency Based on Marriage

Our client contacted us in November 2010.  She came to the United States from Jordan and married her U.S. citizen spouse eight years ago and through this marriage, she was able to obtain a green card in the United States.  She retained our office to assist her citizenship application.

Their marriage was bona fide, but a major issue was the separation of the couple years after the marriage. Although their marriage was not terminated, they physically reside in different places.  Our client was concerned about this issue because it might create an adverse effect on her naturalization application. After our initial consultation with the client, our office advised her that this issue will not be problematic since her marriage was bona fide at the inception of the marriage.  Moreover, she successfully removed the condition after two years of her marriage. She was also not applying around three years from the time her permanent residency was issued (in which case she still should be living with her US Citizen spouse), she was applying three months prior to the five-year anniversary of her permanent residency issuance (thus no need for her to be living with her husband for naturalization purposes).Therefore, it should not be a problematic issue.

The application was filed on November 23, 2010 with supporting documents. Attorney Sung Hee (Glen) Yu of our office prepared her before the interview, and was also accompanied by him on February 1, 2011 at the Cleveland CIS office.  Our client answered all questions correctly and passed her citizenship interview.  On February 7, 2011 her N-400 was approved. Her oath taking is scheduled for February 18, 2011 in which she will be a U.S. Citizen.

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