By CRISPIN LOZANO
Question: What happen if my adjustment of status based on my marriage to a U.S. citizen is denied by the Immigration Officer?
Answer: If you received a denial of your adjustment of status, the I-130 immigrant petition is also denied. You can appeal your case with the Board of Immigration Appeal (BIA) or file a new I-130 petition. Denied adjustment of status is usually referred to the Immigration Judge for removal proceedings. They will send you a Notice to Appear to the Immigration Court within a few months after the denial.
Question: What are my chances on appeal or by filing a new I-130 petition for me based on the same marriage?
Answer: The inconsistencies and findings during the interview should be properly addressed. Both the petitioner and the beneficiary must prove that the marriage was not entered into to obtain immigration benefit. The proof should be more than preponderance of evidence to overcome any finding of sham marriage. If all the findings in the interview can be overcome there is a good chance that the petition will be approved.
Question: What is the evidence needed to overcome the finding of sham marriage?
Answer: The evidence may take the form of testimonies regarding the parties’ courtship and shared residence. Testimony may come from the parties themselves, and their relatives and friends who are witnesses to their courtship and shared life. Documents may include insurance policies, lease agreement, income tax returns, bank accounts, utility bills and other forms showing the names of the petitioner and beneficiary together. Numerous photos of the couples’ shared experiences should also be submitted.
Question: What is the best way to deal with this situation?
Answer: Getting a green card or having a denial can happen in this case. This will be one of your major life decisions. You need to consult with an experienced immigration attorney to help you.
Immigration News
1. The Ninth Circuit Court decided that the death of U.S. citizen parent will not be a hindrance to seek waiver of misrepresentation.
2. Arizona immigration law is just the start of States legislating on immigration. It is time to work on your papers now.
3. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
4. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
5. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.
Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188. Visit our website at www.crispinlozano.com/, www.loanmodificationsupport.org/
Question: What happen if my adjustment of status based on my marriage to a U.S. citizen is denied by the Immigration Officer?
Answer: If you received a denial of your adjustment of status, the I-130 immigrant petition is also denied. You can appeal your case with the Board of Immigration Appeal (BIA) or file a new I-130 petition. Denied adjustment of status is usually referred to the Immigration Judge for removal proceedings. They will send you a Notice to Appear to the Immigration Court within a few months after the denial.
Question: What are my chances on appeal or by filing a new I-130 petition for me based on the same marriage?
Answer: The inconsistencies and findings during the interview should be properly addressed. Both the petitioner and the beneficiary must prove that the marriage was not entered into to obtain immigration benefit. The proof should be more than preponderance of evidence to overcome any finding of sham marriage. If all the findings in the interview can be overcome there is a good chance that the petition will be approved.
Question: What is the evidence needed to overcome the finding of sham marriage?
Answer: The evidence may take the form of testimonies regarding the parties’ courtship and shared residence. Testimony may come from the parties themselves, and their relatives and friends who are witnesses to their courtship and shared life. Documents may include insurance policies, lease agreement, income tax returns, bank accounts, utility bills and other forms showing the names of the petitioner and beneficiary together. Numerous photos of the couples’ shared experiences should also be submitted.
Question: What is the best way to deal with this situation?
Answer: Getting a green card or having a denial can happen in this case. This will be one of your major life decisions. You need to consult with an experienced immigration attorney to help you.
Immigration News
1. The Ninth Circuit Court decided that the death of U.S. citizen parent will not be a hindrance to seek waiver of misrepresentation.
2. Arizona immigration law is just the start of States legislating on immigration. It is time to work on your papers now.
3. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
4. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
5. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.
Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188. Visit our website at www.crispinlozano.com/, www.loanmodificationsupport.org/
I have been desperate to find a solution to my daughter's immigration problem, and I have been constantly asking USCIS and the NVC in the past few years, and I couldn't get the latter reconsider my daughter's status be retained back to F1 , or, if not possible, maybe adjust her status to something which will allow her early admission to the US instead of waiting 7 more years after her status has been downgraded to F2B last year.
ReplyDeleteFacts : My 2 minor daughters in the Phil. were initially petitioned by my US citizen husband in April 2004 and were issued K2 visa (minor child of fiancee) along with my K1 (fiancee) visa sometime in July/Aug 2004, that time one of my daughters, DOB : 5-18-1985 was 19 years old. I landed as a non-immigrant to US in Nov. 2004 and married on the same week. My status got changed to permanent resident (conditional for 2 years) on July 1, 2005. I had my permanent green card valid for 10 years in May 2007, and I remain on permanent resident status till now.
However, my daughters never got to follow me to the US within the allowable time frame of 1 year for their K2 visas, so it lapsed in Aug 2005. My then 19-yr old daughter, who has turned 20, was still in college and my husband and I have been working on selling his house in Illinois so that we can move to the west and I was not yet financially stable to be able to afford expenses to get my minor daughters to US at that time.
In April 2006, I decided to petition my older daughter first with USCIS and was issued a priority date of May 2, 2006 (she was then turning 21 on 5/18/06- 16 days after her priority date). Petition approved in May 1, 2009 - I got the notice from NVC saying she was on F1 category (she was 23 already turning 24 on 5/18/09). But on Oct. 20, 2009, NVC sent me another letter saying she was downgraded to F2B. Phone inquiries made to NVC revealed that the CSPA didn't apply to her.
My citizen husband and I prepared on our own 2 collaborating appeals (notarized) and disputed the downgrade - filed to NVC on Dec. 1, 2009 - stating the facts of the case in chronological order, mentioned the K2 visa which lapsed in Aug 2005, and assuring the NVC that my husband will help me take responsibility to look after my daughter at this time to amke up for our incapacity to accomodate my 2 minor daughters at the time their K2 visas were still in effect in Aug 2004 to July 2005, with further request to retain her to F1 category for humanitarian consideration ( as it's been over 8 years since I left my 2 minor daughters in the Philippines when I went to Canada in 2002, then to US in 2004). But in March 2010, the said appeal and dispute have been denied.
And, now, she needs to wait for another 6 to 7 years before I can have her join me here. She is a registered nurse for over 1.5 years now and has been anxiously hoping she can join the healthcare force here because unfortunately, there is no career opportunities for newly licensed nurses in the Phil. It will cost her too much money to get internships in local hospitals there and will be asked to do volunteer works in remote rural areas which she cannot afford to do as she wants to be productive in her field and be financially independent at this point. She graduated in nursing over 3 years ago and been working either as a medical rep or transcription editor only, sometimes an English tutor, and recently has been laid off, so now she is jobless...looking forward to join me as soon as she can and legally live/ work in U.S.
QUESTION : Is there a possible chance that your office can represent my daughter who aged out and obtain status adjustment on the basis of above-mentioned facts, without necessarily pushing the issue on her eligibility under the CSPA, which NVC already mentioned as inapplicable to her case ?
THANK YOU SO MUCH FOR HELPING LOTS OF PINOYS
Sincerely,
Nellie Reyes Schwab
lanelleschwab@gmai.com /cellphone 217-201-2385
p.s.
ReplyDeletecorrect e-mail : lanelleschwab@gmail.com
thanks atty. byrd
Adjustment of status Form I-485 for marriage visa, cr1 visa and k-3 spouse visa that allows an eligible applicant to become a permanent resident of USA.Adjustment of status
ReplyDeleteImmigrants with temporary immigration status wanting to apply for green card will have to go through the process of adjustment of status.
ReplyDelete