CASE: Marriage-Based Adjustment of Status
CLIENT: Jamaican
LOCATION: Newark, NJ
Our client came to the United States in March 2001 with a B-2 visitor visa from Jamaica. Unfortunately, his visitor status expired in November 2001, and he overstayed in the United States without getting a new valid immigration status.
Our client was married before to a U.S. Citizen, but his case was denied sometime in 2006 due to affidavit of support issues. In December 2009, our client married his U.S. citizen spouse. Thereafter, our client contacted our office around July of 2010. Our attorney met him in New York in person and our client retained our office immediately. We made sure all issues pertaining to his criminal records and previous marriage were covered. Once retained, our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 18, 2011. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.
The USCIS Newark District Office scheduled our client’s interview on March 21, 2011. Prior to the interview, we thoroughly prepared our clients over the phone. On March 21, 2011, our client was interviewed at the Newark USCIS office. However, at the interview, the USCIS office requested for additional evidence with regard to our client’s previous arrest reports in Florida. Although our client’s criminal cases were dismissed five years ago and we submitted documentation pertaining to those cases, the CIS office still requested a certified copy not just of the Court dispositions (which were submitted) but also of the arrest record. They even wrote on their Request for Evidence what specifically should be in the documents to be issued by the authorities in Florida
Throughout the next few weeks our office sent three written requests to the county court and police department in Southern Florida in order to obtain these documents. We called several times to explain what exactly immigration wanted. Upon our request, the court sent certified copies of the requested documents, and our office promptly submitted those records to the CIS office in Newark. Eventually, on June 30, 2011, his green card application was approved, and our client obtained his green card.
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