US Permanent Residence Visa – Case Study
Client’s Issue or Problem
Client was on a three year TN visa, when she had met a US citizen. The US citizen courted the Canadian on the TN,, they fell in love, and decided that they wanted to get married. The Client had obligations in the US and in Canada and knew that she had to travel to and from the US. If they got married and did an adjustment of status, there would be a period of time that the Client would have to remain in the US for. Although the Client wanted to get married and wanted to gain C, she did not want to be restricted with her travels.
Our Solution (Type of Visa/Action Recommended, What We Did)
Looking at the pros and cons to an Adjustment of Status versus a spousal sponsorship with consular processing, we decided that the consular processing method would be most appropriate along with a letter that the Client would carry when traveling to the US in case a CBP officer does not deem Client is entering for “temporary” reasons as a TN holder and denies the Client entry. The Client was advised of the risk that travel to the US may be denied while a permanent based application was pending.
Our letter was persuasive enough that the Client was never turned away when traveling to the US and the application for US Permanent Residency is in the final stages of approval. We do not anticipate any issues and the Client should be deemed a Conditional Legal Permanent Resident in a matter of weeks.
About Fadi Minawi
Fadi primarily practices in US Immigration Law. He assists with matters relating to business immigration (including: relocation, expansion, investments, and work visas), litigation, admissibility issues, customs forfeitures and other cross-border issues. Fadi is also a criminal defense attorney and can assist with criminal matters in the US. Read more
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