When Rohan* filed for his green card, he and his American wife, Kristen*, had just returned from their honeymoon in Hawaii. They felt relaxed and blissful.
Rohan decided to file his marriage-based green card petition on his own. Filling out the application and assembling the required documentation looked a bit time-consuming, but relatively simple. And, Rohan thought, he would save on legal fees by doing it himself. With the savings, maybe he and Kristen could return to Hawaii again soon.
U.S. Citizenship and Immigration Services (USCIS) interviewed Rohan and Kristen—a requirement for those who petition for a marriage-based green card. USCIS wanted to make sure that Rohan didn’t marry Kristen just to get a green card. Fortunately, all went well.
Rohan was thrilled when his conditional green card arrived. Because Rohan and Kristen had been married for less than two years when he applied for his green card, USCIS issued him a conditional one, which expired in two years.
To get the conditions removed, Rohan had to file another form along with additional evidence to USCIS sometime within 90 days prior to the expiration of his conditional green card. Once USCIS receives this petition, it automatically extends the petitioner’s green card for 12-months due to its processing backlog.
Once again, Rohan thought, no problem, and took on the challenge! He submitted the required paperwork 20 months later. He filed this petition jointly with Kristen.
A few months later, Kristen told Rohan she had fallen in love with someone else. She asked for a divorce.
Already heartbroken and devastated, more unwelcome news hit Rohan a few weeks later. He received a Request for Evidence (RFE) from USCIS regarding his petition. Uncertain about how to respond to USCIS because of the recent divorce filing and the deadline for responding to the RFE fast approaching, he turned to the Alcorn Immigration Law team for help.
When Rohan came to us he had questions. Even though his marriage failed, he still had a career and a life in the U.S. that he loved. He was relieved to hear that because he and Kristen had entered the marriage in good faith, that was a way for him to fight to get his green card.
We got to work quickly to respond to the RFE. The Alcorn team got everything together in less than two days to meet the deadline. We warned Rohan that USCIS could take several months to review his response to the RFE. Currently, the process of removing conditions can take as long as 15 months. We made a promise to Rohan that we would work tirelessly to put together a strong case with his best foot forward for him. And we did just that.
So, we were all overjoyed when we got word just two days later that USCIS removed the conditions on Rohan’s green card—and without calling him in for an interview. Rohan was happy—and relieved. He can stay in the job he loves in the country he loves, hoping to find love again someday.
Reach out to us if we can help you stay in the U.S. with a loved one or remain to do the work you love.
* To maintain confidentiality, the name of the client has been changed, and details may have been omitted or slightly altered. Our success in a case does not predict nor guarantee the outcome in your legal matter. The result portrayed above was dependent on the facts of that case. Results will differ based on different facts.