Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Green Card Approved After 3rd Petition Filed and Exclusion Order Reopened

Published: Dec 1, 2008 Source: My Source

Our client is a citizen of Ghana. In 1994, he left his country and applied for asylum at New York City. Immigration Court proceedings were instituted against him and the Immigration Judge denied his asylum application and ordered him excluded from the United States.

He appealed the denial to the Board of Immigration Appeals, which dismissed the appeal in 1997. He then married a United States citizen who filed a green card petition for him. His wife’s son and a neighbor friend sent letters to INS saying that he shouldn’t get his green card because the marriage wasn’t bona fide, and her petition was denied.

The parties reconciled and we were retained. In 2002, we filed a new Petition for Alien Relative and application to adjust status, along with a Request for Bona Fide Marriage Exemption because of the unexecuted Exclusion Order.

In 2003, the second petition was denied, notwithstanding the fact that the parties had been living together as husband and wife on and off for over five years.

In 2006, our client and his wife were divorced. He then married another United States citizen, with whom he is presently living in a loving relationship. We moved to reopen his Exclusion Proceeding to eliminate any objections that USCIS might have to approving an adjustment of status application where there was an outstanding Immigration Court Order, even though the regulations permit approval in his circumstance, and obtained the cooperation of Chief Counsel’s office in joining in a joint motion addressed to the Board of Immigration Appeals to reopen the proceeding.

The Board of Immigration Appeals granted the Motion to Reopen and terminated the Immigration Court proceeding on September 18, 2008. Earlier this year we filed the third (3rd) Petition for Alien Relative and Application for Adjustment of Status on the basis of the present marriage.

We obtained approval of the Petition and Application on November 20, 2008, after appearing with our clients before a USCIS Examiner at a marriage fraud interview conducted under oath. Our client is now a lawful permanent resident of the United States.

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