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

Green Card Approved For Soldier's Wife Despite Entry Without Inspection

Published: Jun 1, 2011 3:00 pm

Our client is a citizen of Guatemala. She entered the United States in the mid 1990s without inspection when she was a teenager, and has lived here ever since.

Three years ago, she met and fell in love with a United States citizen who is a career soldier in the U.S. Army. Almost two years go they were married. Shortly after the marriage, her husband was deployed to Iraq and Immigration Court proceedings were instituted against her when her husband attempted to obtain identification for her as a serviceman’s wife.

At this point we were retained. We initially determined that she was not eligible to adjust her status in the United States because no one had filed a petition for her before the expiration of INA §245(i) on April 30, 2001.  Moreover, because she had one year or more of unlawful presence in the United States after she reached the age of 18, she would have been inadmissible to the United States for 10 years if she was required to return to Guatemala to apply for her immigrant visa, without the approval of a discretionary waiver based upon extreme hardship to her husband, which may have been difficult to obtain because the parties had only been married for a short time, had no United States citizen children, and were separated anyway because of his deployment abroad.

The end result was that because she was not admitted to the United States, the only way that she could obtain a green card inside the United States was if she was paroled into the United States. Fortunately, she was not the first  serviceman’s wife that we have represented in this position.

USCIS was willing to exercise diiscretion and issue a Parole-In-Place for servicemen deployed in active areas of military engagement so that they weren’t concerned about their wives having to leave the United States. We applied for parole on her behalf and submitted numerous exhibits, including her husband’s Petition for Alien Relative, in support of the application.

The parole was approved, which meant that she was able to apply for adjustment of status inside the United States and remain here if approved. We then moved to have the Immigration Court proceeding terminated, which was granted by the Immigration Judge without opposition from the U.S. Immigration and Customs Enforcement attorneys.

In support of our motion, we prepared her application for adjustment of status, also supported by numerous exhibits. Her husband’s Petition for her was approved, and after our compliance with requests for additional evidence, her green card application was approved and she is now a permanent resident of the United States.

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