Successful I-485 For Grandparents-to-Be

• Applicant: Dela Cruz Family
• Nationality: Filipino
• Applying For: I-485 (Application to Adjust Permanent Residence or Adjust Status)
• Processing Time: 4 months
• Challenges:
  • Daughter petitioning mother was pregnant and was hoping for a quick resolution
  • Mother previously had come to the U.S. on a tourist visa and was unsure if she had overstayed
  • No documentation on the tourist visa extension was available

BACKGROUND

In many cases regarding green cards and the proceedings around them, often the most intimidating thing is the unknown. People are aware that they don’t know what to expect, and they are rightly terrified of the consequences of failure. This combination means many people who may be eligible for green cards do not attempt to get them. And it is likely that the Dela Cruz family would have continued along that line of inaction, if not for their daughter, Pamela. Pamela was a nurse and was pregnant at the time. With the high demands of her job and the extremely high demands of motherhood combining on her horizon, she wanted to guarantee that both of her parents, especially her mother, would be around to help support her and her child. Though she wanted to begin the petition process for both of her parents, given the current administration’s focus on immigration, she was also aware of the dangers of her parents failing to secure their green cards. If they failed, one or both of them could be placed into deportation proceedings.

The fear of receiving a denial was overwhelming to the family considering their extensive ties to the U.S. The Dela Cruz’s had been in the U.S. for over twenty-five years. Ms. Dela Cruz in particular had essentially no ties back to the Philippines, as both of her parents had passed. All of her living family, including aunts, uncles, siblings, and three children, lived in the United States. Furthermore, Ms. Dela Cruz had been working for the same company as a dental hygienist for nineteen years, she had been living in the same home with Mr. Dela Cruz for fourteen years. Her life, both of their lives were cemented here. A failed attempt at securing a green card might have ruined all of that for both of them. Many of our clients cite this as their biggest fear. Most want their green cards but they know the risks and are often afraid of going through the process. Part of our job was alleviating the family’s stress and thoroughly explaining to both the daughter and the parents the entire process from beginning to end.

KEYS TO SUCCESS

“All of their living relatives were here in the U.S. Their whole lives were here. Their daughter was pregnant and she wanted to make sure that she’d have her parents around to meet and help her raise her child. But the parents feared rocking the boat. It’s understandable from both sides. But once we got them in our office and we were able to explain that they were eligible candidates and we were able to explain our experience with helping people get green cards, they were set at ease. The best part of our job is helping people who deserve it.” -Caseworker

Tsang & Associates specializes in comprehensive and customized immigration solutions for our clients. As such, when we reviewed the Dela Cruz’s paperwork, we found that they were excellent green card candidates. The only major snag that we worried about was a previous B-2 tourist visa that Ms. Dela Cruz had come to the United States on a long time ago. She had no documentation with regards to the visa, and she did not know if she had overstayed. If she had, it could be a serious impediment to her case. Without any documentation about the visa, it was impossible to know exactly how to prepare her for any questions that a case officer may have had. So without specific details, we prepared our clients and the documentation for all potential situations. It was a slight delay in the process, but not one that put any undue stress on our clients.

At our firm, we make sure that all forms and cases are thoroughly reviewed and prepared before submission. We know that any discrepancies, and miscommunications, any errors threaten our client’s cases and extend them far longer than they need to be. Our team is thorough and diligent on all documentation to eliminate the possibility of any date discrepancies, miswording, or factual errors. Where other firms hand you a document to fill out and tell you nothing can be done if you get a request for more evidence or a denial, we customize the documentation and answer every question that case officers may have ahead of time.

We handled this case the same way. We ensured our experienced team prepared, reviewed, and re-reviewed all of the Dela Cruz’s documentation. We tried to cover every single question a case officer may have about them during an interview, because we know the more preparatory work that we do, there will be less pressure on our clients when it comes time to interview with a case officer. We hear horror stories about the interview process from outside of the firm – they take hour after hour, they separate the family, people get flustered communicating in a second language. Our clients regularly find that their interviews are extremely short, usually joint, and we ensure our clients have interpreters when they want them. We also hold mock interviews, send clients home with potential questions case officers might have so they can practice, and make sure that they generally know what is coming ahead of time so they can be sure that they are doing their best during the interview. They aren’t muddled by anxiety facing the unknown. In this case, the Dela Cruz’s found themselves in an even better position that we even expected.

OUTCOME 

After filing in January, the Dela Cruz’s work permits were approved in April. They received their green card approvals at the end of May, with no interview required at all. This is an incredibly rare feat in this day and under this administration. United States Citizenship and Immigration Services reviewed all the documentation that we provided for the Dela Cruz’s, did the background checks on both of them, and ultimately found that they had no more questions. They had their green cards in around four months, and at this point in time the average processing time for green cards was over twenty-five months. We were very happy we could get their case resolved so quickly, that we could ensure Pamela would have her parents with her when her baby was born and that they would be around to help support the new mother and their grandchild.

*Names have been changed for client privacy.