Green Card Approved without InterviewPublished: Mar 30, 2009 Source: My Source
Our client is Portuguese. He is married to a United States citizen, but she never petitioned for him. The client entered the United States legally over 20 years ago, but has overstayed his status. He was encountered by Border Patrol and Immigration Court proceedings were instituted against him.
Upon being retained, we prepared and filed a Petition for Alien Relative for the United States citizen spouse with our client as the beneficiary. We included documentation showing the bona fides of the marriage. We then moved to administratively close the Immigration Court proceeding pending adjudication of the wife’s Petition.
We were able to obtain the consent of Chief Counsel’s office, representing U.S. Immigration and Customs Enforcement, and the Immigration Judge granted our motion, thereby taking the case off of the active calendar.
U.S. Citizenship and Immigration Services has now approved the wife’s Petition. Both the Petition and supporting documentation submitted in support presumably were deemed sufficiently persuasive so as not to require an examination under oath of the both Petitioner and the Beneficiary, which usually occurs when an immediate relative petition based upon a marriage is filed.
The next step is to move to restore the case to the Immigration Judge’s active calendar to obtain lawful permanent resident status for our client.