USCIS Approves I-130 Petition for Alien Relative For Spouse After US Embassy Had Denied K-1 Fiancee Visa

A client contacted us who had self-filed Form I-129F Petition for Alien Fiancée.  This form allows the fiancé(e) of a United States citizen to obtain a non-immigrant K-1 visa.  An approved I-129F petition is valid for 120 days. USCIS had approved the I-129F but at the interview at the U.S. Embassy, the consular officer denied the K-1 visa on the erroneous basis that the relationship had been entered into solely for immigration purposes.  The denial was sent back to USCIS for revocation but once the I-129F petition expires USCIS takes no action on it.  Our client came to us and explained these circumstances.  We advised our client to travel to his fiancee's home country, marry her, and then return to the US and File Form I-130 Petition for Alien Relative on her behalf to sponsor her for an immigrant visa.  Our client followed our advice and USCIS approved the I-130 Petition.  We thereafter submitted all the necessary paperwork to the National Visa Center which forwarded the file to the US Embassy for an immigrant visa.  The same US Embassy that had denied our client's spouse a K-1 visa now approved an immigrant visa on her behalf.

Getson & Schatz Wins Case in Front of Immigration Judge for Previously Denied I-751

Getson & Schatz, P.C. provided immigration representation to a client whose spouse petitioned for her to obtain a green-card through their marriage. The couple married in 2005. The spouse received conditional residency status for 2 years.  Although their marriage was entered in good faith, the marriage ended in divorce in 2007.  Our client had previously filed Form I-751 seeking a waiver of the joint filing requirement without the assistance of an attorney but it was denied.  Our client was placed into removal proceedings and she retained our services.  We prepared and filed a new Form I-751 Petition to Remove the Conditions of Residence, along with an extensive evidence package that demonstrated that the marriage had been entered into in good faith.  The evidence package included affidavits from the client as well as the client’s ex-husband’s family members and friends attesting to the bona fides of the marriage.  We convinced family members of the client’s ex-husband to attend the proceedings. The Immigration Judge approved the renewal of our client's I-751 waiver petition.  With our help, our client obtained permanent resident status.

Getson & Schatz, P.C. Helps Client Obtain Approval of I-130 That Had Previously Been Withdrawn

Our firm provided immigration representation to a client whose spouse had previously filed Form I-130 Petition for Alien Relative then subsequently withdrew the petition because of marital difficulties.  This resulted in our client being placed  into deportation proceedings. Our client and his spouse did not divorce and reconciled their marital difficulties.  Once they reconciled, we prepared and filed a second Form I-130 and accompanied our client and his spouse to their interview with United States Citizenship and Immigration Services (USCIS) to establish the bona fides of their marriage. USCIS approved the second I-130 and we motioned to terminate our client's removal proceedings.

USCIS Approves Green Card for Parent of US Citizen

Our firm represented a US Citizen client in the process of sponsoring her mother for a green card.  Our client had previously applied for a green card through marriage but her prior green card application had been denied due to abandonment as her marriage was bona fide but she had separated from her husband prior to the USCIS interview and did not attend.  Our client's mother had initially entered the US as a B-2 visitor and overstayed.  Although our client's mother was out-of-status, she was eligible to apply for a green card through adjustment of status as she had entered the US lawfully and had never left the US following her initial B-2 entry.  We obtained a copy of our client's mother's immigration file through a Freedom of Information Act (FOIA) request and when we saw that the prior green card application had been denied through abandonment we proceeded to file a new green card application on behalf of the mother with the daughter as the petitioner.   USCIS approved the  relative petition and our client’s mother adjusted to a permanent resident.

I-130 Petition Approved for Spouse of US Citizen Residing Overseas Following USCIS Request for Evidence; Consular Processing Successfully Completed

Getson and Schatz, P.C. provided representation in the process of a United States Citizen sponsoring her husband for an immigrant visa through consular processing as her  husband lived overseas.  The marriage between our client and her husband took place in the husband’s home country.  We prepared and filed Form I-130 Petition for Alien Relative and United States Citizenship and Immigration Services (USCIS) then sent a Request For Evidence (RFE) requesting additional evidence regarding their relationship.  In response to the RFE, we submitted a detailed evidence package to establish the bona fides of the marriage between our client and her spouse.  USCIS approved the I-130 following our response and forwarded the case to the National Visa Center (NVC) to complete the immigrant visa process.  We assisted our client in submitting the required NVC documents including the DS-230 Forms, the I-864 Affidavit of Support and all necessary police records.  The NVC forwarded case to the US Embassy and our client's husband was scheduled for an immigrant visa interview.  We provided our client's husband detailed instructions about what he needed to do to prepare for the interview.  Following the interview at the US Embassy he was granted an immigrant visa and traveled to the United States to become a permanent resident to live with his wife.

FY-2012 H-1B Petition Approved for Computer Systems Analyst

Our firm received approval for a FY-2012 H-1B Petition filed by a Company that provides money transfer services from the United States to a foreign country.  The H-1B Petition was for a Computer Systems Analyst to develop the Company’s internal payment-processing infrastructure to integrate with its’ bank partners’ IT infrastructure in the foreign country.  Our firm assisted the Company to clearly explain the nature of their business and the nature of the Computer Systems analyst position to USCIS.  We also provided extensive documentation that the position involved a bona fide, non-speculative job offer.

Green Card Application Approved for Client in Removal Proceedings Who Had Previously Been Ordered Removed in Absentia

Our client is a native of Barbados who married a United States citizen in 2003.  They have 3 United States citizen children.  Our client had utilized the services of a non-lawyer to file her initial green card application.  The green card application was not prepared properly and was denied.  Our client had changed her address after the filing of the green card application the non-lawyer told our client he would notify the Immigration Service of the address change but never did.  When the green card application was denied our client was placed into removal proceedings but she never received the notice that she had to attend a hearing in Immigration Court because the Immigration Service sent the notice to her old address.  Our client was ordered removed in absentia.  Several years later, our client was arrested and detained by Immigration and Customs Enforcement for failing to depart the United States following the removal order which she did not even know about.  Our client’s family retained us for assistance and we immediately filed a motion to re-open the in absentia removal order which automatically stayed the removal.  We also filed a bond motion for our client to be released from detention.  We successfully re-opened the in absentia removal order on the basis that our client did not receive notice of her hearing and our client was granted a bond by the Immigration Judge.  Once she was released from prison we represented her husband in the filing of Form I-130 Petition for Alien Relative on her behalf and filed a new I-485 adjustment of status application on her behalf.  The I-130 Petition was approved and we thereafter filed a motion to terminate removal proceedings which was granted.  The file was transferred to USCIS where our client was interviewed by a USCIS Officer on her I-485 adjustment of status application and the application was approved.  Our client went from having a final order of removal against her to being a Permanent Resident of the United States.

Change of TN Employer and 3 Year Extension Approved for Canadian Registered Nurse Using Premium Processing

The North American Free Trade Agreement (NAFTA) is an agreement between the United States, Canada, and Mexico.  NAFTA provides for a special nonimmigrant visa - called a TN visa - for citizens of Canada or Mexico to work temporarily in the United States in certain enumerated professions.  The TN visa lasts 3 years and can be extended in 3-year increments. Getson & Schatz, P.C. provides immigration representation to a hospital in Pennsylvania.  This hospital petitioned for a change of TN employer and a 3-year extension of TN status for a Canadian citizen for employment as a registered nurse which is one of the professions eligible for TN status.  The Canadian citizen was eligible for TN status as she met the academic qualifications, had a valid Pennsylvania Registered Nurse license, and had a valid CGFNS Registered Nurse Certificate.  We filed Form I-129 Petition for a Nonimmigrant Worker and the Trade Agreement-Supplement to Form I-129 with United States Citizenship and Immigration Services (USCIS).  We used the Premium Processing Service so that we would receive a decision from USCIS within 15 days.  The Premium Processing Service needed to be used in this case because unlike an H-1B employee who can start working for a new employer upon the filing of an employer transfer petition under the H-1B portability rules, a TN employee cannot start working for the new employer until the petition has been approved.  We also filed a Form I-539 Application to Extend/Change Nonimmigrant Status with USCIS to extend the TD status of the nurse’s daughter. USCIS approved both applications.

USCIS Approval of I-765, I-485, and I-130 for Client of Getson & Schatz, P.C.

Our firm represented a United States citizen who married a citizen of another country who entered the U.S. legally with a visa in B-2 visitor status but overstayed his authorized period of stay.  The wife and husband were both competitive tennis players and had met at a tennis tournament.  We guided our clients through the immigration process required for a US Citizen to petition a “visa overstay” spouse for US Permanent Resident Status.  We prepared and filed Form I-130 (Petition for Alien Relative), Form I-485 (Application to Register Permanent Residence or Adjust Status), and Form I-765 (Application for Work Authorization) on behalf of our clients.  We prepared our clients for the interview and attended the interview with our clients at the USCIS Philadelphia District Office.  The spouse received his green card within a week of the interview.

K-1 Approval for Canadian Citizen

Our client is engaged to a citizen of Canada.  She wanted her fiancé to come to the United States so that they could marry and live together in the United States as husband and wife.  Under our current immigration laws, the fiancé(e) of a U.S. citizen can apply for a K-1 visa.  This visa allows the fiancé(e) to come to the United States so that the couple can get married.  The marriage must take place within 90 days of the fiancé(e)’s arrival.  Once the couple marries, the U.S. citizen spouse can petition for permanent residence.  If the marriage does not take place within the required time period, the fiancé(e) must leave the country.  We submitted Form I-129F Petition for Alien Fiancé(e) with USCIS and included an affidavit that set forth the facts of how she met her fiancé.  Upon approval of the I-129F we submitted the required documents to the US Embassy in Montreal to complete the K-1 visa processing.  The documents submitted to the Embassy included  Form I-134 which demonstrates that the petitioner, our client, has the financial stability to support her future-husband so that he does not become a public charge to society.  The US Embassy issued the K-1 visa and the fiancé entered the US to marry his now US Citizen spouse and file for a green card.

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