Recently, we had the privilege of assisting a client from Kenya in achieving his immigration goals.
Our client came to us in January 2022.
He entered the United States in 1995 on an F1 student visa but overstayed his authorized period.
As the spouse of a U.S. citizen, he was eager to adjust his status to become a lawful permanent resident.
During the initial consultation, it became clear that our client faced several challenges, which added complexity to his case.
His history included complex driving-related violations that required careful consideration to determine if an I-601 waiver would be necessary.
After a thorough analysis of his case, our lead attorney determined that his offenses did not qualify as crimes of moral turpitude, alleviating the need for a waiver and overcoming a significant hurdle in his application process.
However, another critical issue emerged regarding his I-94 (Arrival-Departure Record) which he informed us had been stolen.
This document was crucial for proving lawful entry into the U.S.
In April 2022, upon filing an I-102 application to replace his I-94, we received a Request for Evidence (RFE) from USCIS.
Upon reviewing the RFE, we discovered that an I-94 with his name misspelled already existed.
This discovery prompted us to pursue correcting the I-94 information directly with the Custom and Border Protection (CBP), streamlining the process for his adjustment of status application.
After successfully correcting his I-94, we meticulously prepared a comprehensive I-485 Spousal Adjustment of Status package, including extensive bona fide marriage evidence.
The client’s U.S. citizen spouse was retired and had no monthly income for the I-864 and could not secure a joint-sponsor.
The legal team meticulously reviewed the petitioner’s financial documents to supplement the income requirement.
We itemized their assets to simplify their financial standing, so the USCIS Officer would clearly be able to see that they met the I-864 requirements.
Additionally, we included police records from the driving violations and to outweigh any negative factor to the application, we also included educational achievements to show his exemplary moral character and contribution to society.
We are thrilled to share that our diligent efforts led to the approval of his I-485 in June 2024, granting him lawful permanent resident status in the United States.
Today, our client and his wife can look forward to a bright future together in the country they now call home.
At McBean Law, we are dedicated to achieving successful outcomes for our clients by guiding them through the complexities of immigration law with care and compassion.
If you or someone you know needs help with an immigration case, click here to request a consultation with an attorney.
P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.
