Form I-130 Sample Cases from our office

We assisted our client, a U.S. citizen, in filing an I-130, Petition for Alien Relative, for his wife. Approximately 8 months after filing the petition we received notice that the case had been transferred to another USCIS service center. Three months later we received a denial notice giving the reason for denial as no record of a response to a Request for Evidence (RFE). The denial notice stated that the RFE was issued on a date that was a few weeks prior to the notice of the case transfer. We contacted USCIS and subsequently submitted an inquiry with the  USCIS Ombudsman’s Office because we had no record of the client or our law office receiving an RFE. We also filed a motion to reopen the case. The Ombudsman’s Office eventually informed us that, upon contacting USCIS on our behalf, that the case was being reopened as it appeared to USCIS that the initial RFE was never mailed. The RFE was re-ordered by USCIS and subsequently received. The passport photos requested in the RFE were provided and we requested the adjudication be expedited due to clear USCIS error. The petition was approved as was an I-485 subsequent petition for the beneficiary.

In this case our client retained  us to respond to  a Request for Evidence (RFE) that he had received for the I-130 that was filed on his behalf by his sister. There were two issues identified in the RFE: 1. His birth registration certificate was registered more than two decades after the client’s birth. Service requested we provide the oldest documentation available that would establish a sibling relationship between the petitioner and the beneficiary; and 2. The mother’s name on the birth certificate of the petitioner differed from that in USCIS records so the sibling relationship was questioned. We were able to successfully respond to the RFE by providing numerous documents verifying the record and explaining the underlying law and facts. The petition was approved after our response.

Status: The petition was approved after our response.

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.

We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain. We filed a Motion to Reopen the denied AOS and applied for a new AOS with the waiver request. Here comes the tricky part -- the waiver request form requires us to concede that we have committed fraud. That was untrue. Our clients had acted innocently. USCIS was of the opinion we must checkmark the box on the waiver form that admits to fraud. I refused to permit that. The reason: if we admit fraud under penalty of perjury, and that admission is false; would that admission not amount to perjury and perhaps fraud? We were willing to take this matter to court. We had sufficient evidence on the record indicating innocence. To our relief, USCIS approved the AOS without further inquiry. PS Note that entering the US on any short term visa (except K visas and dual intent visas like H-1, L-1, etc. – I have a blog entry on what are dual intent visas) and trying to convert to a long term visa or green card can be viewed with suspicion by USCIS. From: Rajiv. Click HERE to watch a video on this discussion. Adjustment of Status Form I-130 Form I-485 ESTA Fraud/Misrepresentation Waiver Engineers