The Immigration Problem
John, a U.S. citizen, and Bimpe, a Canadian citizen, were engaged to be married and planned to start their life together in the U.S. Bimpe wanted to immigrate and obtain a green card. Their initial plan was to marry in Canada and for Bimpe to return there while waiting for her green card process. However, the COVID-19 pandemic upended their plans, shutting borders and threatening long-term separation. VisaPro needed to find a way to ensure that John and Bimpe could stay together despite the global crisis.
The Result
By carefully analyzing all relevant regulations and the unique circumstances that John and Bimpe faced, VisaPro determined that the best course of action was for Bimpe to remain in the U.S. and file for Adjustment of Status instead of returning to Canada. This allowed the couple to stay together and avoid prolonged separation during a highly uncertain time.
Inquiry Into The Background
John and Bimpe had known each other for several years. Bimpe lived in Canada, while John lived in the U.S. as a resident physician. They planned a beautiful wedding in Canada, surrounded by family and friends. After the wedding, John returned to the U.S. for work, while Bimpe planned to visit him and then return to Canada to complete her green card process.
After discussing their case with VisaPro, we advised that filing for Adjustment of Status (Form I-485) at that moment was not advisable since Bimpe was still traveling frequently. Instead, John filed an I-130 Immigrant Petition for her, with the plan that once it was approved, she could apply for an immigrant visa from Canada. Everything seemed on track – until the pandemic hit.
Analysis Of The Problem
A few months after filing the I-130, the World Health Organization declared COVID-19 a global pandemic. Governments across the world began imposing travel restrictions, closing borders, and suspending consular operations. Suddenly, Bimpe and John faced a difficult decision as she was still in the U.S. and due to leave within weeks.
They had three options:
- Leave the U.S. without knowing when Bimpe would be able to return.
- File for an extension of her visitor status to remain longer in the U.S. temporarily.
- File for Adjustment of Status (I-485), allowing Bimpe to remain in the U.S. permanently.
VisaPro’s attorneys carefully analyzed not only Bimpe’s case but also the rapidly changing immigration landscape. Given the circumstances, we advised that filing the I-485 was the safest and most effective solution. Since Bimpe had originally planned to leave, there were no issues of immigrant intent, and filing for Adjustment of Status would allow her to stay legally and safely by John’s side.
VisaPro’s Successful Solution
With a clear strategy in place, VisaPro quickly moved to prepare and file the Form I-485 Adjustment of Status for Bimpe before her visitor status expired. Since time was limited, we ensured that:
- The application was filed within weeks to maintain Bimpe’s legal status.
- Employment Authorization (EAD) and Advance Parole were included, allowing Bimpe to work and travel while waiting for her green card.
- Extensive supporting evidence of John and Bimpe’s marriage was submitted to preemptively address any concerns.
The decision to file gave John and Bimpe peace of mind, knowing that Bimpe could remain in the U.S. without the risk of being separated for an indefinite period. This was particularly important to John, whose demanding role as a physician meant that having his wife’s emotional support was invaluable.
The Ultimate Success
Six months after filing, Bimpe was scheduled for an in-person Adjustment of Status interview. VisaPro conducted a thorough interview preparation with the couple. However, as the pandemic continued, USCIS canceled and rescheduled the interview multiple times, causing additional uncertainty.
To everyone’s surprise, one week after the final cancellation, USCIS approved Bimpe’s green card without an interview. The carefully crafted petition, with its strong documentation of their relationship, had left no doubt in the adjudicator’s mind, leading to a smooth and stress-free approval.
Conclusion
By following VisaPro’s strategic advice, John and Bimpe avoided what could have been years of separation.
- Avoiding a Long Separation: Had Bimpe returned to Canada, she might have been stuck abroad due to global consular closures.
- Timely & Thoughtful Strategy: VisaPro’s ability to adapt quickly to unforeseen circumstances turned a potential crisis into a smooth immigration success.
- Seamless Approval Without Interview: VisaPro’s meticulously prepared application provided such strong evidence that USCIS approved the green card without an interview.
VisaPro’s expertise and ability to anticipate and navigate complex immigration challenges ensured that John and Bimpe were able to stay together. If you or a loved one are facing immigration hurdles, our experienced attorneys are ready to craft a strategy that works for you.
Contact VisaPro immigration attorneys today to explore your options!
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Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. They were very helpful in all phases of the H-1B visa process and they got it right the first time. I have tried other Visa services, but VisaPro is the best by far. VisaPro is the only way to go!"
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