In order to be approved for a marriage-based green card, you must demonstrate the authenticity of a marriage in addition to meeting the other eligibility requirements outlined by USCIS. Immigration officials pay close attention to the details of all cases, but especially to marriage-based cases due to the potential for fraud. Upon approval, a foreign spouse can receive a conditional green card initially, which can later be converted into a permanent green card after two years of marriage.
Our client came to us in September 2021, inquiring about a marriage-based green card. It was a very straightforward case between a married couple living in the big apple, New York City. Our client was currently in the United States on an F-1 visa and had met her husband while studying here.
Before you know it our client had gotten married in October 2021 and was ready to start the green card process in January 2022. Everything was filed in January 2022, however, it wasn’t until October 2022, that we received an RFE regarding our client’s medical examination.
Our client’s medical examination tested positive for a certain recreational substance. It’s important to note that any drugs, especially those listed in the Controlled Substance Act could negatively impact your eligibility for a green card. Even if these drugs/substances are legal in your state, which in this case the substance was legal for recreational use in New York City, it still brought up a major concern in our client’s case. The medical examination must be approved for most green card cases.
We responded to the RFE once our client redid her medical examination a second time, and addressed each one of USCIS’ objections to the case. In the end, our team’s argument was able to overcome the questions from the immigration officials and our client’s case ended up getting approved (April of 2023). A big win!
“It’s real!! Finally, YES. Thank you so much for your diligence and commitment, I truly appreciate all the time and energy you’ve invested in my case. I’m still in disbelief, even though I’m looking right at it. My sincere thanks to you and the firm that touched/helped with my case.”–Shruti
Another VisaNation Law Group Success Story
Despite a number of unexpected challenges along the way, we were able to navigate the complex immigration system to help our clients be together. Contact us today to schedule a consultation with one of our attorneys.