Our client, who we will refer to as “Rafael” to protect his privacy, began his immigration journey more than a decade ago in the Philippines. He decided he wanted to immigrate to the U.S. to create a better life for himself and his family. He therefore decided to overstay in the U.S. after previously entering with a B-2 tourist visa.
Rafael eventually met and fell in love with a woman who was also originally from the Philippines. They bonded over their love of food and adventures, as well as their shared culture. After their marriage, Rafael’s wife was able to obtain her permanent resident status (green card) through a petition from her employer. Rafael was also eligible for his green card pursuant to Section 203(d) of the Immigration and Nationality Act. They were both very happy and looking forward to the day when they could become U.S. citizens.
Unfortunately though, the marriage did not work out and it ended through divorce. Rafael was disappointed that he and his ex-wife were unable to overcome their differences. However, things got even worse for him when U.S. Citizenship and Immigration Services (USCIS) notified him that they were reopening his application for adjustment of status and denying it, thereby effectively taking away his green card. Rafael instantly became worried that he would be deported.
Rafael consulted with Reeves Immigration Law Group, and we told him that USCIS’ reasoning for taking his away green card was because of the divorce. We quickly told Rafael though that USCIS was wrong. We explained that since he was legally married to his wife at the time that his application for adjustment of status was granted, it was improper for USCIS to reopen his application and take away his green card.
We immediately filed a motion for USCIS to again reopen Rafael’s case, but this time to approve it since Rafael was actually entitled to his green card at the time it was initially approved. We provided legal and factual reasons why the why USCIS was wrong and why the divorce was irrelevant.
We are happy to say that USCIS acknowledged their mistake and again granted Rafael a green card. Rafael is obviously happy with the result, and he is also happy that he sought the assistance of Reeves Immigration Law Group, because otherwise he may never have known that his green card was taken away unfairly.
