Category Archives: immigrant visa

COVID-19 Update: Some U.S. Consulates & Embassies Suspend Operations Until Further Notice

The COVID-19 outbreak has led some U.S. Consulates and Embassies to suspend or cancel visa interviews and stop issuing visas. These changes came after the United States added more travel restrictions to curb the global spread of the novel coronavirus.

A March 18, 2020 statement, titled Suspension of Routine Visa Services, from the U.S. Embassy & Consulate in the Republic of Korea, states: “In response to worldwide challenges related to the outbreak of COVID-19, the Department of State is suspending routine visa services in all countries with a level 2, 3, or 4 U.S. Department of State travel advisory. ” The reasons for travel warnings may range from COVID-19 outbreaks to wars to high crime rates.

Visa applicants must verify the availability of visa interviews at the U.S. Consulate or Embassy that has jurisdiction to review and process their visa request.

For example, a March 13th alert on the U.S. Embassy & Consulates in Canada website states that as of March 17, 2020, it is cancelling all routine nonimmigrant visa appointments.  It adds, “The Consulate General in Montreal continues to process immigrant visas but depending on staffing capacity and host government restrictions, may need to reduce routine immigrant visa appointments.  We are monitoring the situation closely and will notify applicants as quickly as possible should it be necessary to reschedule.” It states routine nonimmigrant visa services will resume as soon as possible, but provides no specific date at this time.

A March 13th alert on the U.S. Embassy & Consulates in India website, notes “U.S. Mission India posts, in light of the global COVID-19 pandemic, are cancelling immigrant and nonimmigrant visa appointments from March 16, 2020, onward. Your visa appointment stands as cancelled. Once Mission India resumes regular consular operations, appointments will be made available and you will be able to reschedule.”

Earlier on February 3, the U.S. Embassy in Beijing and U.S. Consulates in Chengdu, Guangzhou, Shanghai and Shenyang cancelled routine immigrant and nonimmigrant visa appointments.  They have yet to provide a specific date on when routine services will resume.

Each U.S. Embassy or Consulate will make its own decision on whether to suspend visa services, absent a clear directive from a higher authority.

Presidential Proclamations Related to COVID-19

On Friday, March 13, President Trump declared a National Emergency concerning the Novel Coronavirus Disease (COVID-19) Outbreak. See full text here.

The Presidential Proclamations restricting travel related to the COVID-19 outbreak include:

January 31 Proclamation suspending entry to the United States of most foreign nationals who traveled to China within the past 14 days. The proclamation took effect on Sunday, February 2.  Read the full text of here.

February 29 Proclamation suspending entry to the United States of most foreign nationals who were physically present in Iran during the 14-day period preceding their entry or attempted entry into the United States.  The proclamation took effect on Monday, March 2.  Read the full text here.

March 11 Proclamation suspending entry to the United States of most foreign nationals who have been in the Schengen Area during the 14 days prior to their scheduled arrival in the United States. These European countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. The proclamation took effect on 11:59 p.m., eastern daylight time on March 13, 2020. Read the full text  here.

March 13 Proclamation suspending entry to the United States of most foreign nationals who have been in the United Kingdom and Ireland during the 14 days prior to their scheduled arrival in the United States. The proclamation took effect on 11:59 p.m. eastern daylight time on March 16, 2020. Read the full text here.

Exceptions to the U.S. Travel Restrictions are Limited

U.S. citizens and lawful permanent residents are not subject to the proclamations. Other exceptions include:

  • certain family members of U.S. citizens or lawful permanent residents: spouses, children (under the age of 21), parents (provided that his/her U.S. citizen or lawful permanent resident child is unmarried and under the age of 21), and siblings (provided that both the sibling and the U.S. citizen or lawful permanent resident are unmarried and under the age of 21). 
  • foreign diplomats traveling to the United States on A or G visas.

  • air and sea crew traveling to the United States on C, D or C1/D visas.

There is also an exception for visa applicants whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees. Such an exception will rarely be approved.

The U.S. Department of States (DOS) has advised that exceptions to the travel restrictions may be presented directly to U.S. Embassies and Consulates where visa applications will be filed.

At some consular posts, visa applicants with urgent travel needs that qualify for an exception under the Presidential Proclamations may request an emergency appointment request. For a general description, read about expedited appointments at the U.S. Embassies in China and India.

Each consular post has its individual application procedures and processes, which are currently very fluid and subject to change.

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This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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U.S. Travel Suspension – Due to COVID-19 (Coronavirus) Outbreak – Expands to Include Visitors from 26 European Countries

With the World Health Organization declaring the COVID-19 outbreak a pandemic, there is one more Presidential Proclamation expanding the suspension of international travel to the United States. With few exceptions, foreign nationals (immigrants and nonimmigrants) who have been in certain European countries will be subject to the travel restrictions.

As of Friday, March 13, 2020, the United States will suspend the entry of most immigrants and nonimmigrants who have been in the Schengen Area at any point during the 14 days prior to their scheduled arrival in the United States. These European countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. The list does not include the United Kingdom or Ireland.

[UPDATE: Effective March 16, 2020, another Presidential Proclamation suspends the entry of most immigrants and nonimmigrants who have been in the United Kingdom and Ireland during the 14 days prior to their scheduled arrival in the United States.]

This proclamation is effective at 11:59 p.m. eastern daylight time on March 13. It does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to the cut-off time.

The travel restriction does not apply to a U.S. citizen or to:

  • a lawful permanent resident of the United States
  • a spouse of a U.S. citizen or lawful permanent resident

  • a parent or legal guardian of a U.S. citizen or lawful permanent resident (who is unmarried and under the age of 21)

  • a sibling of a U.S. citizen or lawful permanent resident (provided that both are unmarried and under the age of 21)

  • a child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to an IR-4 or IH-4 visa

  • a foreign national who is traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus

  • a foreign national who is traveling on a C-1, D, or C-1/D nonimmigrant visa as a crewmember or otherwise traveling to the United States as air or sea crew

  • a foreign national seeking entry or transit with the following visas: A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories)

  • a foreign national traveling within the scope of section 11 of the United Nations Headquarters Agreement

  • a foreign national whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee

  • a foreign national whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

  • a foreign national whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees

  • a member of the U.S. Armed Forces and his/her spouse and children

Click here a full text of the proclamation.

There are two other pre-existing Presidential Proclamations suspending travel due to the COVID-19 outbreak, which have the same exceptions noted in the European Schengen Area Proclamation.They include

1. Travel Suspension – China: immigrants and nonimmigrants who were physically present within the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States. The proclamation went into effect on February 2. Click here for a full text of the proclamation.

2. Travel Suspension – Iran: immigrants and nonimmigrants who were physically present within the Islamic Republic of Iran within the past 14 days prior to their scheduled arrival in the United States. The proclamation went into effect as of March 2. Click here for a full text of the proclamation.

The stated purpose of these travel restrictions is to curb the spread of the outbreak. Crowded travel arenas, like airports, may increase your risk of exposure to COVID-19 ( SARS-CoV-2/coronavirus), if there are other travelers with COVID-19.

The characteristics of the illness, however, have not changed. Declaring an outbreak a “pandemic” means it has spread around the world beyond expectation, and not that it has become more dangerous to your health.

According to the Center for Disease Control (CDC), symptoms include fever, cough, and shortness of breath. Symptoms are relatively mild and most people recover within six days. People at higher risk for severe disease are older adults and people of any age with serious chronic medical conditions (such as heart disease, lung disease, or diabetes). The CDC recommends that persons at higher risk for COVID-19 complications avoid all cruise travel and nonessential air travel.

As the Trump Administration noted, these travel restrictions are temporary. In the meantime, U.S. Consular Services, particularly in China and Italy, have reduced dramatically due to limited staffing and the suspensions on travel.

The Presidential Proclamations also direct the Secretary of Homeland Security to implement standards and procedures at and between all U.S. ports of entry to regulate the travel of persons and aircraft to the United States to facilitate the orderly medical screening and, where appropriate, quarantine of persons who enter the United States and who may have been exposed to the virus. “Such steps may include directing air carriers to restrict and regulate the boarding of such passengers on flights to the United States.”

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This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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U.S. Embassy Vacates INA 212(a)(6)(C)(i) Charge and Issues Immigrant Visa: A True Success Story

After initially refusing our request to vacate the INA 212(a)(6)(C)(i) charge against our client, the U.S. Embassy reconsidered its decision and issued the Immigrant Visa. Persistent follow-ups led to the applicant being cleared of the inadmissibility bar and receiving the visa for admission as a permanent resident. No Form I-601 waiver was needed because the Embassy dislodged the INA 212(a)(6)(C)(i) finding it made in error.

Two years before attending his Immigrant Visa interview, the applicant had sought a K-1 fiance visa at the U.S. Embassy, based on his then-engagement to a U.S. citizen. At the K-1 visa interview, the U.S. consular officer determined his relationship with the K-1 petitioner was not genuine, but entered into solely for U.S. immigration benefits.

The Embassy returned the approved Form I-129F petition to USCIS for further review and revocation. Instead of issuing a Notice of Intent to Revoke, USCIS issued a termination notice almost 6 months later stating the 4-month validity period on the Form I-129F approval notice had expired, but the U.S. citizen fiance may file a new petition for the applicant. By that point, they had ended their relationship and called off the engagement. No further evidence was submitted to prove the bona fide nature of the relationship.

Prior to the K-1 visa application, our client’s mother had filed a Form I-130 immigrant petition for him. USCIS approved the petition within five months, but he had to wait several years for the priority date to become current so he could apply for an Immigrant Visa.

At his Immigrant Visa Interview, he received a refusal worksheet charging him with INA 212(a)(6)(C)(i), as an applicant who sought to procure a visa by fraud or willful misrepresentation of a material fact. The Embassy noted that in adjudicating his K-1 fiance visa application, the relationship was found to not be credible.

Following the Immigrant Visa refusal due to fraud/willful misrepresentation, a close relative of the applicant contacted me for a consultation. After confirming the relationship with the K-1 petitioner was genuine but just did not work out, I agreed to represent the applicant and his mother (the Form I-130 petitioner).

I explained the applicant had the option to file a Form I-601 waiver application, as instructed by the U.S. Embassy. To get this waiver, he needed to prove to USCIS that his mother would suffer extreme hardships if he were denied admission to the United States. The long processing time and the high evidentiary standards made this a challenging path to take. The I-601 filing fee of $930 was also a factor to consider.

Because the applicant had proof of a bona fide relationship with the K-1 petitioner that was not previously submitted to USCIS or to the U.S. Consulate — and USCIS never revoked the Form I-129F approval but instead issued a termination notice — I counseled the applicant on another option, i.e. file a Motion to Reconsider and Rescind Inadmissibility Finding Under INA 212(a)(6)(C)(i) with Request for Immigrant Visa directly with the U.S. Embassy. The applicant and his family decided to go with the Motion instead of the I-601 application.

It took several months for the applicant and his family to gather all the written testimonies and documents I had recommended they provide to support the Motion to Reconsider. With this evidence and my legal memorandum arguing how the INA 212(a)(6)(C)(i) charge was made in error, I filed a request with the U.S. Embassy to reconsider the inadmissibility finding and grant the Immigrant Visa.

Upon its first review of our Motion to Reconsider and Rescind Inadmissibility Finding, the Embassy sent a reply within a week, in which it stated the applicant made a material misrepresentation in a prior K-1 visa application and was permanently ineligible to receive a visa. It added it would not accept any further evidence or appeal regarding the visa application and instructed the applicant to file for an I-601 waiver of inadmissibility.

Two weeks later, with the applicant’s consent, I submitted a Request for Supervisory Review to the U.S. Embassy, asking it to confirm whether the Motion to Reconsider was duly reviewed and highlighting the errors in the inadmissibility finding. The Embassy replied it was reviewing my inquiry and there was no guarantee on how long it would take to get a response. It again instructed the applicant to file for an I-601 waiver.

After months of waiting and sending follow-up inquiries, we finally received a response from the U.S. Embassy stating it had completed a supervisory review to reconsider this case and there has been no change to the original officer’s adjudication. It noted the applicant may file for a waiver.

A few weeks later, I filed a Request for Advisory Opinion with the Visa Office (U.S.Department of State’s Office of Legal Affairs in the Directorate of Visa Services). In particular, I asked them to review the legal question regarding whether the U.S. Embassy properly applied INA 212(a)(6)(C)(i) when it denied the Immigrant Visa in this case. I provided them with a copy of the Motion to Reconsider, including the legal memorandum and supporting evidence. The Visa Office responded it had followed up on my inquiry and the case was under review.

Several months later, the Visa Office sent an update that the U.S. Embassy provided instructions to the applicant to proceed with his Immigrant Visa application. The Embassy instructed him to submit an updated Form I-864, Affidavit of Support, and financial support documents. It further requested he complete a DNA test to verify the biological relationship with his mother (the Form I-130 petitioner).

After complying with the U.S. Embassy’s instructions, the applicant finally received his Immigrant Visa. He was admitted to the United States as a lawful permanent resident to join his mother and other close relatives who were eagerly waiting for this reunion.

This is a true success story.

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
info@dyanwilliamslaw.com

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This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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U.S. Consulate Lifts INA 212(a)(6)(C)(i) Bar and Grants Immigrant Visa: A True Success Story

Within 21 days of receiving our Request for Supervisory Review of Immigrant Visa Refusal and Renewed Motion to Reconsider and Rescind Inadmissibility Finding under INA 212(a)(6)(C)(i), the U.S. Consulate removed the lifetime bar and instructed our client to continue the immigrant visa process. Ultimately, he received his Immigrant Visa after the new police certificate and updated proof of his U.S. citizen petitioner’s U.S. domicile and financial support were provided. Because the U.S. Consulate agreed to lift the fraud charge, no Form I-601, Application for Waiver of Inadmissibility, was required.

Born stateless, the applicant used to hold a refugee travel document that contained a visitor visa when he was a child. After he acquired citizenship in a country where he was not born, the applicant used the new passport to obtain a second visitor visa and traveled to the United States for a temporary recreational stay.

Despite being married to a U.S. citizen, he complied with the terms of his visitor visa and did not overstay the authorized period or apply for a marriage-based green card within the United States. Based on the approved Form I-130 immigrant petition filed by his U.S. citizen wife, he sought to become a permanent resident through an Immigrant Visa application at the U.S. Consulate overseas.

At the initial Immigrant Visa interview, the applicant presented his passport for visa stamping. About two months later, the U.S. Consulate conducted a re-interview in which it asked about the process he used to acquire the citizenship and obtain the passport. He explained the legal channels he used to get both. Nonetheless, the U.S. Consulate charged him with section 212(a)(6)(C)(i)(fraud/willful misrepresentation of material fact to gain a U.S. immigration benefit), upon noting it was unable to verify his acquired citizenship or the authenticity of the passport when it contacted the government authorities.

The U.S. Consulate instructed him to file a Form I-601, Application for Waiver of Inadmissibility, to be excused from the inadmissibility charge. A section 212(a)(6)(C)(i) finding prohibits applicants from receiving an Immigrant Visa without first getting an I-601 approval from USCIS.

Two months after the visa refusal, the applicant contacted me for the first time to discuss his options. In our Skype (video) consultation, I explained that one solution was to file a Form I-601 application, as the U.S. Consulate instructed. To receive the waiver, he would need to prove the extreme hardships his U.S. citizen wife would suffer if he is denied entry to the United States as a permanent resident. I noted there is never any guarantee the waiver will be granted due to the high standard of proof and the discretion involved in the decision-making.

I further pointed out that if he did not commit fraud or willfully misrepresent material facts to gain the prior B1/B2 visitor visa, the Immigrant Visa, or any other U.S. immigration benefit, he could file a Motion to Reconsider and Rescind Inadmissibility Finding with the U.S. Consulate. If such a motion is granted and the section 212(a)(6)(C)(i) bar is lifted, the I-601 waiver is not required for the visa to be issued.

The client opted to go with the request to reconsider the inadmissibility charge. After we entered into a representation agreement, I counseled him on the information and documents he needed to present to show he did not engage in fraud or willfully misrepresent material facts to receive any U.S. immigration benefit.

To support the Motion to Reconsider, I prepared a legal memorandum describing how the applicant used proper channels to obtain the passport and why the submission of this passport to the U.S. Consulate was actually immaterial to his eligibility for the Immigrant Visa, as well as the prior visitor visas he received.

Five days after receiving the Motion to Reconsider, the U.S. Consulate issued a response stating the section 212(a)(6)(C)(i) bar would remain and the applicant needed to file for an I-601 waiver. The Consulate noted the applicant had no concrete evidence to support his explanation on how he acquired the citizenship. The Consulate added that during its checks with the government authorities, it was determined beyond reasonable doubt the applicant misrepresented his case and deliberately provided false information and documents to receive an immigration benefit. They added he did not rescind his false statements when given the opportunity to do so.

In the Request for Supervisory Review and Renewed Motion to Reconsider and Rescind Inadmissibility Finding, I stressed the important points the U.S. Consulate missed when it issued the response affirming the section 212(a)(6)(C)(i) charge.

In reply to this Request and Renewed Motion, the U.S. Consulate sent a response 21 days later stating the section 212(a)(6)(C)(i) charge had been lifted. Five months later — following the completion of administrative processing — my client received the Immigrant Visa to join his wife in the United States, without needing to file for and obtain an I-601 waiver.

This is a true success story.

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
info@dyanwilliamslaw.com

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This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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Well-Documented Form I-751 Petition (After Divorce) + Full Preparation for Interview = A True Success Story

A USCIS Field Office in Ohio approved our client’s Form I-751 petition with request for waiver of joint filing requirement, despite her not living with the U.S. citizen (who had petitioned for her CR1 spousal immigrant visa) after she arrived in the United States as a conditional resident.

Her detailed affidavit describing the premarital courtship, married life abroad, and reasons the relationship ended in divorce was key to getting a timely approval. Her being fully prepared for the I-751 interview was another driving factor. 

Divorce and No Joint Residence with U.S. Citizen Petitioner After CR1 Spousal Immigrant Visa was Granted

The couple met in the United States while the client was in lawful, nonimmigrant status. At the end of her stay, they departed to her home country, where they married and lived together for a few months. The U.S. citizen filed an I-130 petition for her, but moved back to the United States before the immigrant visa process was completed.

Their relationship was rocky from the start. Marriage counseling and other good-faith efforts to resolve their marital problems did not help. The U.S. citizen petitioner, however, did not withdraw the I-130 or his I-864 affidavit of financial support.

At the CR1 spousal immigrant visa interview, the U.S. consular officer asked very few questions and granted the application. The client became a conditional resident upon her arrival in the United States. She received a conditional green card set to expire within 2 years because her immigrant status was based on a marriage that was less than two years old.

A few weeks after she landed in the United States, she contacted the U.S. citizen petitioner to let him know she was in the country. He was not interested in maintaining their marriage and asked for a divorce. They went their separate ways when he made it clear the relationship was over.

After three years of being legally married to the U.S. citizen and one year following the grant of her conditional residence, she received the court order terminating the marriage.

Individual Form I-751 Petition with Request for Waiver of Joint Filing Requirement

The client contacted me for the first time after she arrived in the United States as a conditional resident and before the divorce occurred. In the consultation, I explained that to get the conditions removed and maintain lawful permanent residence, she normally needed to file a joint I-751 petition with the spouse before the two-year card expires, and no earlier than 90 days before the expiration.

I noted there are only three types of waivers (exceptions) to the joint filing requirement. We determined the most appropriate option was to file for the waiver based on divorce (good faith/divorce waiver), after the divorce proceeding was completed.

I counseled her to start gathering evidence of their married life, including documents showing joint residence abroad, photographs of the two of them together, text messages and emails they exchanged with each other, third-party declarations attesting to the good faith nature of their marriage, a supporting affidavit from the U.S. citizen petitioner, and her own affidavit describing in detail their relationship history and the reasons for the divorce.

Following the divorce, the client contacted me again for full representation in her Form I-751 petition with request for waiver of joint filing requirement. We submitted the petition with the documentary evidence she had collected based on my advice. I included a legal memorandum explaining how she qualified for the I-751 waiver, including the concrete steps she took to salvage a marriage that was beyond repair.

Removal of Conditions on Permanent Residence Following Attorney Appearance at Out-of-State I-751 Interview

Although Dyan Williams Law PLLC is based in Minneapolis, Minnesota, I represent clients from all across the United States and around the world in U.S. immigration matters, which is governed by federal laws, regulations and policies.  I-751 interviews are scheduled at the USCIS Field Office with jurisdiction over the residence of the applicant who, in this case, is in Ohio. 

The day before the I-751 interview, I flew out to Ohio to prepare the client for possible questions from the USCIS officer and address concerns she had about the pending petition. 

When we appeared for the I-751 interview, the USCIS officer asked questions about when and how the couple met, their life together abroad, and the circumstances that led to the divorce.

Because the officer had reviewed the client’s detailed affidavit prior to the interview, she already had a good understanding of the relationship history. The officer also took note of the U.S. citizen petitioner’s affidavit confirming the marriage was based on love and intent to build a life together, but ultimately he no longer wanted to be in the relationship. 

At the end of the interview, the USCIS officer informed us she had no issues with the I-751 petition. In essence, she determined the marriage was entered into in good faith, even though it did not last and  there was no joint residence after the CR1 immigrant visa was granted.

The USCIS officer handed us a Notice of Interview Results stating, “Your case is being held for review. At this time, USCIS does not require any further information or documents from you…” She added that we would receive, in the mail, a decision or a request for evidence if more information or documents was needed. 

Within a week, we received the USCIS Field Office’s Notice of Removal of Conditional Basis of Lawful Permanent Resident stating the (10-year) green card would be mailed and the request for removal of conditions on permanent residence has been approved. The USCIS National Benefits Center in Lee’s Summit, Missouri also issued the official Form I-797C, Notice of Action approving the I-751 petition. The applicant received her 10-year green card directly from USCIS. 

Divorce from the U.S. Citizen Petitioner and Lack of Joint Residence During Marriage Make it More Difficult to Get an I-751 Approval

A combination of factors made it possible for the applicant to get an I-751 approval even though she divorced the U.S. citizen petitioner and did not live with him after she arrived in the United States on the CR1 visa. Without proper counselling, an I-751 applicant in this type of situation is highly likely to get a denial and end up in removal proceedings before the Immigration Court.  

The I-751 applicant made a wise decision to discuss her options with skilled counsel prior to getting divorced and before her conditional residence expired. My guidance helped her to know when to initiate divorce proceedings, what documentary evidence to gather, and how to file for removal of conditions on residence after divorce. 

The legal memorandum submitted with the I-751 petition and counsel’s preparation for and appearance at the interview were also significant. If the applicant had not submitted her detailed affidavit with an explanation letter from counsel in support of the I-751 petition, and had no counsel present at the interview, the questions from the USCIS officer would have likely been a lot tougher. 

The applicant had the backup option of filing for a green card based on her second marriage to another U.S. citizen. This current marriage is solid and includes joint residence throughout the entire marital relationship. But I explained that a new I-130 petition and green card or immigrant visa application only had to be filed if her I-751 petition was denied and her permanent residence was terminated. 

Instead of needing to start from scratch, she received an I-751 approval and had the conditions on her permanent residence removed. She remains a lawful permanent resident who will meet the continuous residence requirement for naturalization (U.S. citizenship) within 5 years of when she was initially granted the (2-year) green card. 

This is a true success story. 

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
info@dyanwilliamslaw.com

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This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

SUBSCRIBE           CONTACT

 

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