Form I-485 Sample Cases from our office

We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance. Subsequent to his having transferred from one university to the other, from which the applicant then obtained a graduate degree, and after he no longer had any association with either universities, ICE withdrew its SEVP certification from both universities. The documents requested by USCIS dated back to over a decade. Fortunately the applicant had retained many documents that indicated he had in fact attended both universities and relied upon the universities and their Designated School Officials who administer the SEVP and provide information and guidance to the students. We also pointed out to the government that even if USCIS found that the applicant had violated his visa status he remained eligible for an exemption under the regulations  and that  discretionary approval was warranted in this case. While we were unable to provide all documents required given the time that had lapsed, a few weeks after filing, the applicant’s Green Card was approved.

Status: While we were unable to provide all documents required given the time that had lapsed, a few weeks after filing, the applicant’s Green Card was approved.

We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance. Subsequent to his having transferred from one university to the other, from which the applicant then obtained a graduate degree, and after he no longer had any association with either universities, ICE withdrew its SEVP certification from both universities. The documents requested by USCIS dated back to over a decade. Fortunately the applicant had retained many documents that indicated he had attended both universities in good faith and relied upon the universities and their Designated School Officials who administer SEVP and provide information and guidance to the students.  We also pointed out to the government that even if USCIS found that the applicant had violated his visa status he remained eligible for an exemption under the regulations  and that  discretionary approval was warranted in this case. While we were unable to provide all documents required given the time that had lapsed, a few weeks after filing, the applicant’s Green Card was approved.

Status: While we were unable to provide all documents required given the time that had lapsed, a few weeks after filing, the applicant’s Green Card was approved.

In this case, the petitioning green card holder filed forms I-130 and I-485 for her second husband, whom she had been married to for less than five years since obtaining her lawful permanent resident status based on her first marriage, which was to a U.S. citizen. That marriage ended in a divorce. In such instances there is a rebuttable presumption that the prior marriage was fraudulent.  There is an exception if five years have passed from the petitioner's adjustment or if the petitioner can prove by clear and convincing evidence that the first marriage was entered into as a bona fide marriage. A notice of intent to deny (NOID) was issued following the couple’s interview with a Service Officer.  Since five years had not passed, we assisted Petitioner in responding to the NOID and proving by clear and convincing evidence that her prior marriage was not fraudulent. The detailed response included many documents regarding the bona fide nature of the first marriage, such as photographs, extensive wedding and pre and post wedding details along with many affidavits. We requested USCIS to withdraw its intention to deny and resume processing. Shortly after filing the NOID response, Beneficiary received his green card.

Status: We requested USCIS to withdraw its intention to deny and resume processing. Shortly after filing the NOID response, Beneficiary received his green card.

USCIS denied our client’s Form I-485, alleging that the applicant failed to demonstrate eligibility for adjustment of status because a final disposition regarding a criminal charge under India’s Dowry Laws was not provided. We responded by clarifying to Service the particular facts of this case, and noting that mere criminal accusations without a conviction are not grounds for permanent residence eligibility. In addition, we pointed out that the laws under which the applicant was charged in India, have been widely criticized by international authorities and that public policy considerations, along with other discretionary considerations pointing to the applicant’s moral character warrant reconsideration of the denial. Approximately 11 months after submitting our motion, our client received an interview notice. We accompanied the applicant to his interview, and he received his Green Card after about five months.

Our client received a NOID after attending his interview to determine eligibility for adjustment of status. After analyzing the applicant’s address history, Service alleged that several years back, the applicant had failed to continuously maintain lawful immigrant status due to a failure to take a full course load as a student on F-1 status. We responded with a detailed letter from the University, explaining that despite the distance education, the school’s academic program structure and the applicant’s attendance records were consistent with regulatory requirements for a full course of study. The case was approved approximately two months after we submitted our response.