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Widower of US Citizen Has Green Card Approved Under INA 204(l)

3/28/2016

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After years of fighting to stay in the U.S., one of our clients was approved for his green card today. I originally took this case in 2009 when my client was in deportation proceedings. He was married to a US citizen, but they had not filed any paperwork. We filed the I-130 visa petition, and the couple was interviewed. The I-130 was approved.

We went back to the immigration court and asked the judge to terminate proceedings so my client could file the I-485 application to adjust status with USCIS. The immigration judge agreed.

We filed the adjustment of status in 2012. In 2013, USCIS requested an I-485 interview with my client and his wife; however, my client's US citizen wife was very ill at that time and she could not attend. I asked them to reschedule the interview. She died a few months later.

The case fell into the cracks and, despite numerous attempts to move the case forward, nothing happened for almost two years. Finally, earlier this year, USCIS scheduled a second interview for the I-485 application. My client and I attended the interview in Santa Ana and provided evidence that my client's wife had passed away. We provided a legal brief explaining why my client was eligible to adjust to permanent residency despite his wife's death. Since that interview, we followed up with the officer and supervisor and requested that the case be approved.

Today, we received the great news that my client would be approved for permanent residency. After almost 15 years, he will be able to visit his family in Kenya with the peace of mind that he can return to the US safely to resume his life.
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