H-1B Overstay Receives Permanent Residency


  • Nationality: Malaysia
  • Case: Permanent Residency via Marriage
  • Challenges:
          1. Large age difference between partners
          2. Interracial couple
          3. Client had a DUI on her record
          4. Client overstayed on her previous H-1B visa
          5. No children together


    When you are applying for permanent residency through marriage, everyone knows that the United States Citizenship and Immigration Services (USCIS) case officer working your case is going to be on the lookout for fraud. Unfortunately, people try to gain U.S. immigration system and green cards through illegitimate marriages which is one of the most common ways people think to attempt it. But what are you to do if you are like our former client, Ms. Wan, and you think that your application and the details of it look like fraud even if they aren’t? A good, well-practiced immigration law office can help you. 


    Ms. Wan had several red flags pop up when we first sat down to look over her case. First, there was a bit of an age difference between her and her husband, a little more than seven years. That may not seem like much, but it’s enough to trip the USCIS’s radar. She, an Asian woman, was married to a Hispanic man. This case occurred many years ago, and while people then should not have been looked at twice for having an interracial marriage, again this is another factor that USCIS looks at. Also, Ms. Wan had no children with her husband and wasn’t expecting to have any. There was also the issue that she had a DUI on her record but she also had overstayed on an employment visa in the past. All of these smaller issues combine to give a case officer a sense of unease about a case. It’s cases like these that you hear the worst stories about, the hours’ long interview in separate rooms, the long wait times, the Requests for Evidence (RFE), all of it. However, due to our experience working in difficult cases, we were confident that we could help Ms. Wan achieve her goal, and she trusted we would do everything in our power to help her.


    We sent Ms. Wan and her husband to do their interview, and they reported back success. Their interview was fast and easy, the case officer was pleased with the thoroughness of their documentation, and Ms. Wan was given same-day approval. Ms. Wan and her husband were beyond grateful that Tsang & Associates helped them get their happily ever after.

    *Name has been changed to protect client identity

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