Green Card Case Info.

Case History / Issues:

Applicant was a Canadian citizen, and had obtained TN visa status. Applicant married a U.S. citizen about a year after obtaining her TN.

Strategy:

Reviewed case for adjustment of status eligibility, and to ensure no preconceived intent issues, or potential employment gap or travel issues. The applicant had last entered the U.S. when she obtained her TN about 2 years before this application was filed. As such, there was minimal concern for preconceived intent issues. The applicant still had more than 1 year of work authorization remaining on her TN, and so there was little risk of her facing a gap in status or work authorization. (Once an adjustment of status application is filed, an individual will not be able to obtain a new TN.) The applicant also did not have any urgent travel plans. (Departing the U.S. after filing for adjustment of status and before receiving advance parole travel authorization would result in an abandonment of the adjustment application.) The applicant was, therefore, a good candidate for Adjustment of Status.

Reviewed case to assess the merits of the green card application. The applicant and her spouse had sufficient documentation evidencing the bona fides of their marriage, and therefore, should not have an issue securing approval of the I-130 petition. The U.S. citizen was self-employed, but had sufficient income to meet the I-864, Affidavit of Support income requirements.

Filing Process:

I-130 / I-485 application @ USCIS

Filed:

March 2015

April 2015.

Biometrics Scheduled:

At around this same time, USCIS issued a Request for Evidence seeking additional tax documentation and information on how the U.S. citizen’s income met the Affidavit of Support requirements. We quickly responded to USCIS’ request by explaining the petitioner’s tax documentation. (He had multiple W-2s and 1099s reflecting his initial employee status, and then self-employment status.) We also evidenced in detail how the petitioner’s employment income, by itself, met the Affidavit of Support requirements. As additional proof, we included the petitioner’s retirement account and pension statements to show he also had sufficient assets to meet the Affidavit of Support requirements.

Employment Authorization / Travel Card Issued:

May 2015.

Interview Date:

June 2015 at USCIS' Los Angeles, CA local office.

Green Card Received:

June 2015

Processing Time:

Approx. 3 months

Citizenship:

Canada