Client, a citizen of Nigeria, had entered the U.S. on a fake passport in the early 2000’s. He was able to become a permanent resident based on marriage to a U.S. citizen and the grant of an INA section 212(i) waiver. He then divorced his wife and remarried another U.S. citizen. When he applied for U.S. citizenship, the government charged him with having committed marriage fraud, and placed him in deportation proceedings. With a new I-130 approved, based on his current marriage to a U.S. citizen, the government attorney agreed to terminate his court case so that he could proceed with “re-adjustment” before USCIS. The court granted the termination order, and client’s I-485 was ultimately approved by USCIS.
