CASE: Adjustment of Status
CLIENT: Filipino
LOCATION: Florida
POTENTIAL ISSUES PRE-RETENTION: Immigrant Intent
Our firm was consulted on June 8, 2010. Our client got married to a U.S. Citizen on December 6, 2009, returned to the Philippines, then came back here as a tourist. They originally met in the Philippines when her husband was stationed there for a few years due to work. When our client last came to the U.S. as a tourist, despite being married to a U.S. Citizen, at that point they intended to actually go back to the Philippines because her US Citizen husband’s employer may start another term and contract with their client in the Philippines. Even the alien beneficiary, who has been working for a Philippine employer, was in the States on a leave of absence, and was not terminated yet by her company. There clearly was no immigrant intent, though an officer may suspect that there was due to her entry as a tourist, application for adjustment of status months later, and her marriage to a U.S. Citizen prior to her most recent entry. Our firm filed the Petition and Adjustment of Status Application on July 9, 2010. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence. On September 28, 2010, we prepared our clients for the interview for over an hour, specifically addressing the fact that she had no immigrant intent on her entry, and highlighting their evidence in support of the lack of immigrant intent through factors such as her return ticket, leave of absence, husband’s employer’s contract with a Philippine company etc. On October 6, 2010, our client was interviewed in Jacksonville, Florida. That same day, the officer told them that he was granting the petition and the green card application.
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