Green Card Approval After Withdrawn I-130 Petition
In 2020, we represented a client who identifies as bisexual. She was previously married to a U.S. citizen woman who filed an I-130 petition on her behalf. After filing, the couple encountered marital issues, leading to the petitioner withdrawing the I-130 petition. USCIS accepted the withdrawal. The client later remarried, this time to a man. Although USCIS approved the new I-130, they denied her green card application citing ineligibility under section 204(c) of the Immigration Nationality Act. We were hired to handle the appeal, arguing that USCIS misinterpreted case law. We demonstrated that USCIS failed to provide clear and convincing evidence of marriage fraud, resulting in our client receiving her 10-year green card.