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Case summary: Client approved for her ten year green card after enduring a two year long battle with USCIS in court

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About two years ago, our office was retained by a client who was involved in a complicated immigration matter. She was originally from Jamaica and had obtained her Conditional Legal Permanent Resident card (commonly called a conditional green card) through marriage to a US citizen. Conditional green cards are valid for two years at which time the person must apply to remove the condition.

All on her own, without the assistance of a knowledgeable and experienced immigration attorney, the client had applied to remove the condition by filing an Application for Removal of Conditions (Form I-751). The client and her husband attended an interview with a USCIS officer and during the interview they were unable to answer even the most basic questions about each other raising the officer’s suspicions about the legitimacy of the marriage.

The client came to our officer shortly after the first interview with the USCIS officer. Our experienced immigration attorneys prepared the client and her husband to attend a second interview and also collected additional evidence to corroborate the Parties’ testimony. At the interview, our attorneys made creative and persuasive arguments to explain any inconsistencies between the client and her husband’s answers.

During the second interview, as well as subsequence third interview, the officer revealed that he had received information that the Parties’ marriage was sham – done only to help the client obtain a green card. However, the officer and his supervisors refused to disclose the name and contact information for their source so that our attorneys could conduct their own investigation and independent interview with the person.

Ultimately, the client’s application was denied and she was placed in removal proceedings before the Immigration Court. By that time, the ongoing stress of dealing with USCIS and not knowing if her application would be approved had taken a great toll on the client’s marriage. She and her husband made the tough decision to separate and file for divorce.

Upon learning that the client wished to end her marriage, our attorneys immediately instructed her to file for divorce in the Maryland state court. Due to the conflict of interest, our office was unable to represent her in her divorce matter, but referred her to an experienced family law attorney who was able to bring a quick and favorable resolution to the divorce proceedings.

Because the client was in removal proceedings before the Immigration Court, our office quickly moved forward with a unilateral petition to removal conditions on her green card. Our attorneys worked diligently to file the necessary paperwork with USCIS and Immigration Court and to provide overwhelming evidence that the client was engaged in a legitimate marriage that consequently fell apart due to irreconcilable differences.

While USCIS was reviewing the unilateral petition and evidence, the client was required to appear in front of the Immigration Judge. Our attorneys attended every hearing with the client and encouraged her to never give up hope despite how long the process was taking. In between the hearings with the Judge, our attorneys and immigration paralegal were in constant contact with the USCIS officer and his supervisor. During every telephone call, our office demanded a favorable and speedy resolution to our client’s case.

Additionally, each time our attorneys appeared before the Judge, they argued that USCIS had more than enough time to review the petition and corroborating documentation. Eventually, due to our persistence, diligence, and persuasive arguments, the Judge also grew frustrated with the USCIS officer’s management of this case. In an unprecedented step, the Judge administratively closed the client’s case.

On July 10, 2013, our office received the news that we had been waiting years to give to our client – she was going to receive her 10 year green card. The client was ecstatic – not only was she finally on her way to becoming a US citizen, but she had the constant support and encouragement of our attorneys and staff which had enabled her to make it through this long process. She didn’t have to go through this process alone and that helped her to never give up hope.

If you are dealing with a complicated immigration matter and you don’t know where to turn, contact the Law Offices of Anthony A. Fatemi as soon as possible to set up a consultation. Our experienced, qualified, and knowledgeable immigration attorneys will not only help you to navigate the complicated immigration laws, but will also support you through this difficult journey that you shouldn’t have to embark on alone.

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