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

Greencards Approved despite Prior Withdrawal of Petition by USC Spouse

Published: Sep 17, 2007 By: Robert D. Kolken Source: My Source
Our clients are citizens of the People’s Republic of China and are father and son.  The father married a United States citizen who filed a Petition on his behalf, as well as for his son.  The INS investigated the bona fides of the marriage because our client was working in New York City and the wife and son were living in Western New York.  After an intimidating home visit by INS investigators, the USC wife withdrew her petitions for both husband and son.

The family later retained our office.  We immediately filed new Forms I-130 Petitions, along with applications for permanent resident status.  A stormy Marriage Fraud Interview was held at the Buffalo District Office, which was videotaped. 

Robert D. Kolken objected to the manner in which the interview was conducted and advised the Supervisor not to destroy the videotape, which would have been a criminal act.  After review of the family history and all the evidence we presented, lawful permanent resident status was granted to both father and son.  The son is no longer under 21 years, but we utilized the Child Status Protection Act on his behalf.


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