Attorney Mooradian succeeded in obtaining a green card for his client following an interview at the USCIS Lawrence Field Office. The client had married his partner approximately 3 months after entering the United States on a tourist visa. This particular case was complex for a number of reasons.
First, as is common among clients entering the United States under the Trump Administration, the client was interviewed by Customs and Border Patrol upon entry to the United States. The client was concerned about the impact of previous entries and exits on the outcome of this case, but upon examination, Attorney Mooradian was prepared to deal with any issues and thoroughly addressed these concerns in supporting materials.
Second, various life circumstances of this couple may have raised questions regarding whether or not the marriage was a bona fide marriage. Accordingly, Attorney Mooradian obtained numerous affidavits from family and friends who could testify to the genuine nature of the relationship. The evidence also included numerous photographs.
Third, the beneficiary (client) had entered on a visitor visa, and then married shortly thereafter. When one enters the United States on a tourist visa, he or she is indicating at the time of entry that they only intend to stay temporarily. If a person enters the United States on a temporary visa with the intention of remaining permanently, that entry can trigger an issue of "dual intent." Dual intent can prevent a beneficiary from being able to adjust their status in the United States. The former rule regarding dual intent was that there was no presumption of dual intent if the parties did not marry within the first 60 days following entry on the temporary visa. That guidance has changed of late to become more strict, with a presumption of dual intent as far as 90 days after the entry to the United States. In any event, an immigration officer has discretion to allege dual intent at any time if he or she determines that the beneficiary entered the United States on a certain type of visa in an effort to circumvent immigration protocols.
Attorney Mooradian met with the clients extensively, learned about their relationship, and documented the case well so that the process went smoothly during the interview stage. Just a few days after the interview, the client received an approval notice, and a green card followed a couple of days after that.
Now that the client has received conditional permanent residence, he is able to live and work in the United States, as well as travel into and out of the United States, lawfully. In two years, the client may "remove the conditions" of his green card such that he can remain as a permanent resident, and in three years, he may be eligible to apply for United States Citizenship based on his marriage to a U.S. Citizen.