Successful I-751 Waiver Motion to Reopen I-290B

• Applicant: Mr. Yun
• Country/Region: Taiwan, China
• Case Type: Motion to Reopen I-751 Waiver
• Challenges:
  1. I-751 Waiver was already denied
  2. Contradictory information given by client during interviews
  3. Many discrepancies listed by officer in I-751 Waiver Denial Notice
  4. High rates of fraud in I-751 cases breed skepticism for adjudicating officers
  5. Not much solid evidence of a bona fide marriage to back client’s claims
  6. Atypical couple involving Asian male with Hispanic wife, only married for a little over two years
  7. Couple had no children nor significant financial assets together.
  8. Client had only a few pictures and only two short affidavits

BACKGROUND

In April 2012, Mr. Yun obtained his status as a conditional permanent resident of the US as a result of being married to a U.S Citizen. After two years, in March of 2014 he and his spouse filed a joint petition to remove the conditions of his residency. Unfortunately, in November of 2015 Mr. Yun had to request to withdraw his joint petition due to divorce and instead had to file for an I-751 Waiver.

Mr. Yun was too deeply invested in his US life to leave, and so in April of 2016 he filed a timely I-751 Waiver (which would remove the requirement for a joint petition in obtaining unconditional residency) on the basis that he had entered his previous marriage in good faith (and not solely for immigration purposes). Thus, in March of 2018, Mr. Yun was finally given an interview with an immigration officer in order to establish the validity and authenticity of his bona fide marriage. During this interview, the officer subjected Mr. Yun to a great deal of bias and personal contempt; her accusing line of questioning and her demeaning overall disposition effectively proved that she had made up her mind to reject the waiver request before the interview had even begun. Sure enough: in June of 2018, Mr. Yun received a notice of intent to deny his I-751 Waiver.

Recognizing that his case had been treated with an appalling degree of prejudice, but unsure about what action he could take to resolve the situation, Mr. Yun brought his predicament to Tsang & Associates.

KEYS TO SUCCESS

As soon as we began discussing the circumstances of this denial with Mr. Yun himself, it was clear that he had indeed been robbed of a fair chance at an interview, and an otherwise easy approval for his I-751 waiver. Personal bias is among the least acceptable causes for the denial of immigration rights– we were prepared to scrutinize every aspect of this faulty interview for evidence in support of Mr. Yun’s claims.

After discussing every facet of our client’s uncomfortable interrogation, we were confident that we had a clear enough understanding about the several ways in which Mr. Yun was wronged to move forward with our case. In July of 2018, we submitted a Motion to Reopen (I-290B) and Reconsider with regards to his I-751 Waiver, putting a particular emphasis on the plethora of ways our client was mistreated during his only chance at proving his eligibility.

We relayed how the interviewer greeted Mr. Yun coldly as she entered the room, then proceeded to conduct the conversation in a hasty, rude, and grudgeful manner; she began cutting him off halfway through answering her needlessly complex compound questions and insinuating deception from everything he said. Though fraud is unfortunately common in cases such as these, she had presumably prematurely decided that Mr. Yun was trying to cheat the system. We noted how she threw complicated legal terms at the already-overwhelmed Mr. Yun and expressed unfathomable insensitivity about various details of his previous marriage.

Moreover, we found that the officer had cited incorrect case law in making her decision to deny Mr. Yun’s waiver– which only further proved just how unfairly her decision had been reached. We insisted that Mr. Yun be granted the opportunity of a second interview, as the grounds for his first denial seemed strictly personal and requested that a supervisor review the entire case.

OUTCOME

The evidence submitted in our Motion to Reopen and Reconsider was considered substantial enough to merit re-examining our client’s case. Mr. Yun received his green card in the mail shortly after, without having to undergo another interview or send additional documentation. His I-751 Waiver was approved this time, meaning he could resume his life in the US without fear of legal repercussions and he is now preparing to file for citizenship.