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Long-distance relationships are tough, especially when one’s partner is across the globe. Our client, Jiya, experienced this firsthand. She had been in a long-distance relationship with her partner for three years. It wasn’t until she decided to pursue her education in the U.S. that she would potentially alter her and her partner’s future together.
Jiya was a student from India entering the U.S. on an F-1 visa. Upon her arrival, she moved in with her partner. After five months, he proposed to her, and they were excited to begin the marriage green card process.
She finished her studies and transitioned into Curricular Practical Training (CPT) to work. As Jiya was on a student visa, she was able to transition into the green card process. To file her green card application, we simultaneously submitted her I-130 and I-148 forms while the Visa Bulletin was current. Checking the status of the Visa Bulletin was crucial because Jiya’s husband was a legal permanent resident at the time, and that made her fall under the F2A category.
An RFE (Request for Evidence) was issued concerning Jiya’s active work status. She worked during her time at the University under the Curricular Training Program but ran into an issue when she changed employers. Any change in employers need to get authorization from USCIS, proving that they didn’t violate their nonimmigrant status by changing employers without authorization. In this scenario, Jiya’s university failed to register her change of employers, causing USCIS to determine she violated her nonimmigrant status by working without proper authorization.
We had to explain and provide documentation proving that Jiya was still legally employed under a valid F-1 OPT (Optical Practical Training) when the I-485 was filed.
Despite her valid F-1 visa, the university’s failure to process the change of employers led USCIS to believe she had violated her status.
Her spouse had been a legal permanent resident for five years and applied for and obtained his U.S. citizenship. This provided a new strategy for Jiya’s green card application. We reapplied for her green card by submitting the previous I-130 approval along with a new I-485 form, demonstrating that she was now married to a U.S. citizen.
Within seven months, Jiya received her Employment Authorization Documents (EAD), allowing her to work again. Five months later, she got her green card!
This outcome was a testament to the perseverance and dedication of our team in finding another solution for our client. This case highlights the importance of submitting documents in a timely manner by institutions, as any sort of delay or arrow can severely impact an immigrant’s status in the U.S. Schedule a consultation with one of our attorneys to get started on your green card process today.
*The names have been changed in order to maintain attorney-client confidentiality.
