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Proving the Legitimacy of Two Marriages to Reopen I-485

Proving the Legitimacy of Two Marriages to Reopen I-485

Applicant: Priya So
Nationality: Cambodian
Applying for: Cancelation Deportation and new Permanent Residency
Case Type: Immigration Court to Reopen I-485
Time: 4 years
Challenges:

  • Cambodian cases more likely red-flagged for fraud
  • Standing deportation order
  • Prior I-751 denied
  • Establishing the legitimacy of not only her first marriage but her second marriage as well.

 

BACKGROUND

Priya So met her husband in Cambodia, and they quickly fell in love. A U.S. citizen, he urged her to pull up her roots and move with him to the United States. He petitioned for a fiancée visa, and they were soon married. Ms. So received her conditional 2-year residency card, and she was happy. Then clouds darkened their marriage when she discovered her husband was having an affair with a relative who was renting a room from them. To make matters worse, her husband kicked her out of their home so that he could live with the other woman alone.

Ms. So got a divorce and was devastated. Later, she met another man whose life had also been altered by infidelity; his wife had an affair with his nephew. They connected and their two broken hearts were mended when he married Priya and became her second husband.

By this time Ms. So’s two-year conditional residency card was set to expire. She’d applied for an I-751 Request for Waiver of Requirements to File Joint Petition to remove conditional status. Since she was no longer married to her first husband, she needed to apply for permanent status based upon her own merit. Ms. So’s request was denied, and she was given a standing deportation order. Neither Priya nor her second husband was well versed in immigration law, but fortunately, they turned to the experts at Tsang and Associates.

 

KEYS TO SUCCESS

Facing imminent deportation, Ms. So needed the experienced guidance of Tsang and Associates. The first order of business was to convince the immigration court to reopen the deportation case. A history of fraudulent arranged marriages involving Cambodian immigrants has caused immigration officials to red flag cases like Ms. So’s. Tsang and Associates accompanied Ms. So to numerous hearings and provided a translator. Through excellent planning and preparation, Tsang and Associates were able to convince the immigration court to reopen Ms. So’s case and then subsequently terminate the deportation order.

With the fear of imminent deportation behind her, Ms. So could now concentrate on filing for I-485 permanent residency status. Tsang and Associates prepared a package that included a letter from her first husband detailing the legitimacy of their marriage. He wrote about how they’d built a life together and how it was only due to his marital infidelity the marriage fell apart. The package also included their official divorce document.

Ms. So and her second husband subsequently had two home visits from Immigration Fraud Inspectors that confirmed their relationship and commitment to a bona fide marriage. When the couple was called in for a face-to-face interview, Tsang and Associates helped them prepare for what questions they might expect.

 

OUTCOME

Ms. So was granted permanent residency and she could not be happier. Although she experienced heartbreak, she had found the person she wanted to be with for the rest of her life, and thanks to Tsang and Associates, she can. With the weight of deportation off of her shoulders, she can finally start her new life with her new husband in California. She and her husband are now living a quiet life together in California.