Attorney Noaman filed client’s application for permanent residency under INA §245(a), having entered the United States on a K-3 Spousal Visa. The application was submitted with considerable evidence of the legitimacy of the marriage, including their 3 year-old son’s birth certificate. A standard interview was conducted in connection with the application for permanent residency. During the interview, the immigration officer revealed that the I-130 application that had been filed more than 5 years ago was denied due to abandonment. This information was unknown to the client and to Attorney Noaman, who accompanied the client to their interview. Attorney Noaman explained to the officer that the approved I-130 application was not necessary to enter the United States on a spousal visa since the I-129F petition was approved and served as the underlying basis to enter the United States. While the immigration officer agreed, she maintained that she could not adjust our client’s status to lawful permanent resident without the approved I-130. After a lengthy discussion between Attorney Noaman and the immigration officer, the immigration officer agreed to seek approval of the denied I-130 from the Dallas Field Office Director. The Dallas Field Office Director agreed to re-open the previously denied I-130 petition, sua sponte, and then approve the application, allowing our client to become a permanent resident.
