Being arrested is obviously a terrifying experience! And what if the arrest also jeopardizes your application for permanent resident status (green card)? This is exactly what happened to a client of Reeves Immigration Law Group (RILG), whom we will refer to as “Theresa” to protect her privacy.
Theresa was a native and citizen of South Korea who dreamed of studying in the United States. That dream ultimately came true when she was issued her F-1 Student Visa. Theresa’s studies unfortunately did not work out as she had planned though. She was then residing in the U.S. even though she was no longer attending school. And her situation became even more precarious when she was arrested.
As all of this was happening, Theresa was also being courted by a man that we will refer to as “Jose” to protect his privacy. Jose was originally from the Philippines, but he had become a naturalized U.S. citizen. He was also a widower, who was desperately looking for love again.
Theresa and Jose were very much in love with each other and wanted to spend the rest of their lives together in the United States. But what about Theresa’s lack of valid immigration status and her prior arrest? They had heard about I-601A Waivers and wondered if this would apply to them. They also thought about a fiancé visa since they were not yet married.
Theresa and Jose scheduled a consultation with RILG and discussed their case with Attorney Devin Connolly, the firm’s Managing Partner. Attorney Connolly provided a simpler path to Theresa and Jose that did not require Theresa to leave the U.S. in order to be eligible for her green card. Attorney Connolly said Theresa would be eligible to receive her green card in the United States due to her prior student visa, Jose’s status as a U.S. citizen, etc. This process is called adjustment of status.
However, Attorney Connolly also cautioned Theresa and Jose about her prior arrest. He said that it was absolutely necessary for her criminal case to be resolved in such a way that would still make her eligible for her green card. Theresa and Jose thereafter worked closely with Attorney Connolly to make sure everything was done properly.
RILG is happy to say that Theresa has now received her green card! Theresa acknowledges her prior mistake, but she is thrilled that she consulted with RILG because she knew that they would be able to help!