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

Green Card Approved for Citizen of Jamaica

Published: Feb 1, 2010 7:00 am

Our client is a citizen of Jamaica. He last entered the United States in 2001 with a passport containing a valid visa and was admitted for six months. He has remained in the United States ever since. In 2006, he was encountered by the Border Patrol and Immigration Court proceedings were instituted against him, which we defended.

In 2008, he married his United States citizen girlfriend, and we prepared and filed a Petition for Alien Relative on her behalf, and requested an exemption from the two year foreign residence requirement before a Petition for Alien Relative can be approved, when a marriage is entered into after Immigration Court proceedings are instituted, on the basis that their marriage was bona fide.

We supported the Petition with substantial documentation. We then requested that the Immigration Court proceeding be taken off the active calendar and administratively closed pending adjudication of the wife’s Petition, obtained the consent of Chief Counsel’s office, and the Immigration Judge ordered administrative closure. In 2009, a Marriage Fraud Interview was conducted by U.S. Citizenship and Immigration Services to determine the bona fides of the marriage and whether the wife’s Petition should be approved.

We prepared both husband and wife for the interview and appeared with them. The wife’s Petition was approved at the interview. We then moved the Court to restore the case to the Immigration Court’s active calendar for the purpose of termination so that our client’s application for adjustment of status to lawful permanent resident could be adjudicated by U.S. Citizenship and Immigration Services, as opposed to having a trial before the Immigration Judge.

Our motion was granted and the Immigration Court proceeding was terminated. We then prepared and filed our client’s Application for Permanent Residence, again with supporting documents.

Three months after filing, another interview was scheduled. We again prepared the client and his wife for the interview and appeared with them. At the conclusion of the interview, our client’s application was approved and lawful permanent resident status was granted.

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