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


Published: Dec 24, 2014

Our client is a naturalized citizen of the United States and a native of Yemen.  She married a Yemeni citizen in the United States.  At the time of the marriage her husband had been inspected and admitted and was in status.  She then filed a Petition for Alien Relative on his behalf and he applied for a green card.  After an examination under oath was held at a U.S. Citizenship and Immigration Service (USCIS) Field Office, USCIS issued a Notice Of Intent To Deny (NOID) on the basis that they did not prove her husband’s identity and lack of prior marriages in Yemen, which would have rendered his marriage in the United States void and unlawful.  The reason for the NOID was that her husband’s birth certificate was not issued until he was 26 years old.

At this point we were retained. 

We investigated the situation and obtained copies of all relevant documents, including his passport, application for his student visa, marriage license, and the petition and application with supporting documents submitted to USCIS, as well as an Affidavit from a close family member who had known her husband since birth and who is a United States citizen.  We prepared a legal response to the NOID showing that UNICEF had found that the births of 83% of children under five years were not registered in Yemen, detailing that all of the documents presented to USCIS, including the ones submitted with our response were consistent as to names, dates of birth, and family relationships.  In addition, we pointed out that the cases cited in the NOID were factually inconsistent with the facts in our client’s case, and we cited the USCIS Adjudication Filed Manual sections indicating that the presentation of a duly certified marriage certificate is presumptive of a valid marriage.  We then served our response upon the USCIS Field Office. 

Nine days later our client’s petition was approved, and her husband’s application for green card was approved, and six days after the approval our client’s husband received his green card.

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