October 13, 2021

Permanent Resident Status for Client from South America

Mooradian's clients, a United States Citizen and a beneficiary from South America, came to him concerned that the beneficiary might not be able to remain in the United States.  The couple was married, but the beneficiary had come to the United States many years prior and immediately started working.

Mooradian identified the immediate issue as a possible accusation of dual intent.  That is, that the beneficiary had entered the United States as a visitor, but that his intention was to remain permanently and work. Mooradian advised the beneficiary that he must be honest about his work history; he did so, indicating in detail each location where he worked, along with the timeframe of when he worked there, on all relevant applications.

However, Mooradian was able to use precedent to show that dual intent alone, in the absence of other adverse factors, could not warrant the denial of this matter. Mooradian's argument, based on BIA precedent, proved successful.  Mooradian was able to address any questions at the time of interview, and the beneficiary was granted lawful permanent resident status.

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