McBean Immigration Law

Bulgarian Client’s Fight For Permanent Residency After Erroneous RFE

Pursuing a marriage petition for permanent residency in the U.S. can be a complicated and nerve-wracking experience. McBean Law is thrilled to announce that our client succeeded on this complex green card journey with the help of our dedicated team of lawyers. This is his story!

Our client entered the United States in 2016 on a J1 non-immigrant, “exchange visitor” visa. Some J visas have a so-called “home residency rule” that requires the non-immigrant visa holder to go back to their home country for 2 years before being able to apply for permanent residency. Thankfully, his visa did not come with this rule, and he was free to pursue a green card without going back to Bulgaria first.

In July 2023, he and his partner tied the knot and began their happy life journey together. He reached out to us in July 2023 for an Adjustment of Status Application.

Our lawyers worked tirelessly to prepare the client’s I-130 Petition for Alien Relative and I-485 Application to Register Permanent Residence or Adjust Status. We also prepared his applications for a Work Permit and Advance Parole travel document.

Unfortunately, the petition hit a snag because our client failed to meet the income requirements. We advised the client that he needed a joint sponsor for his case. After providing us with a joint sponsor, the petition was back on track!

In October 2023, we filed the case and then USCIS erroneously issued a Request For Evidence (RFE) letter asking for the joint sponsor’s I-864 Affidavit of Support. USCIS had erroneously overlooked the joint sponsor’s I-864 affidavit that was submitted with the case.

This was a setback in our fight for his permanent residency, but we did not give up, and neither did they! We immediately re-submitted the financial documents for the petitioner and joint sponsor’s I-864 and included supporting documentation.

The case was approved just 5 months later in March 2024!

After an erroneous RFE and NO INTERVIEW, our client’s petition was approved and his green card journey finally ended! Our team of seasoned professionals jumped at the opportunity to fight for our client and support him every step of the way.

If you or someone you know needs help with an immigration case, click here to submit an Appointment Request Form. Our team has been successfully helping clients with marriage petitions for years now.

We recently helped a Jamaican client with their I-130 after a devastating denial; read this success story and more on our website!

P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.

About the Author

mcbeanlawfirm

McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. From family-based visas to employment-based green cards, we specialize in guiding clients through every aspect of the immigration process with expertise and compassion. We help clients with obtaining waivers, removal defense, motions and appeals, humanitarian requests, consular processing, and naturalization and citizenship. With a focus on personalized support and a proven track record of success, our experienced team of New York immigration lawyers is here to help you achieve your dreams of a brighter future in the United States.

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