South American Woman Obtains Permanent Resident Status
Miriam entered the USA with a tourist visa in 2006. She is a painter, and had sold many paintings in her native, South American country. Two years ago, with her partner, Miriam drove to upstate New York, from New York City, to show a handful of her paintings to a prospective buyer. Near Buffalo, ICE Officers approached Miriam and asked her for identification. Miriam’s partner, Fabiola, a U.S. citizen, tried to intervene, but the Officers told her to stay in her car and not to get in the way. ICE took Miriam into custody and served her with Form I-862, Notice to Appear in Removal Proceedings (the “NTA”). A few days later, the Immigration Court in Buffalo scheduled Miriam for a Master Calendar Hearing.
During a long meeting with Fabiola and Miriam, Miriam retained me. First, I filed a motion for a change of venue to New York City. Then Fabiola and Miriam got married in New York City. Next, Fabiola and I filed a visa petition, Form I-130, with a bona fide marital exemption request, for Miriam. Ten days later, each of us received a receipt notice. Venue was changed to New York City. The Immigration Court scheduled Miriam for a Master Calendar Hearing. At that hearing, I provided the judge and the DHS attorney with a “Duplicate Original” I-130, and asked the DHS attorney to send Miriam’s file to the Marriage Fraud Unit. She did. One month later, we were scheduled for a Marriage Fraud Interview. My clients and I met prior to the interview. We prepared thoroughly for the interview, which went well. Fabiola’s visa petition was approved immediately.
We were due to have another hearing with the Immigration Judge. Miriam and I filed her adjustment of status package (Form I-485). Within two weeks, each of us received a receipt notice. About six weeks after that, Miriam received her work authorization card. When we went to court again, I gave the judge and the DHS attorney proof that the I-485 had been filed and that the filing fees had been paid. The case was terminated.
Finally, four months later, the USCIS scheduled Miriam for an adjustment of status interview. The three of us met in my office and prepared for the upcoming interview. At the interview, the USCIS Examiner was pleased with Miriam’s documentation and the way she directly and truthfully answered all of his questions. When the interview ended, the Examiner said to Miriam: You will get a decision in the mail in the next thirty days. Six weeks later, Miriam received her Permanent Resident card in the mail.
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