DiMaria Wins Lawful Permanent Resident Status (Green Card) For Russian Man Facing Deportation

Attorney Jayson DiMaria successfully tried an Adjustment of Status case in Manhattan, New York for a Russian man who overstayed his B1/B2 visitor visa and married his United States Citizen spouse while he was in Removal Proceedings. The facts of this case are as follows: The Respondent, a 33-year-old man entered the United States from Russia in 1996 with a B1/B2 visitor visa with authorization to remain in the United States for six months. Respondent eventually married a United States Citizen. Respondent's spouse filed an I-130 Petition for Alien Relative on behalf of Respondent and Respondent filed an I-485 Adjustment of Status to that of a Lawful Permanent Resident of the United States application with the United States Citizenship and Immigration Services. Respondent and his spouse began having marital difficulties and Respondent's spouse decided to stop petitioning for Respondent. Before Respondent's Adjustment of Status Interview, Respondent's spouse decided to withdraw the Petition for Alien Relative that she filed on behalf of Respondent and Respondent withdrew his application for Adjustment of Status. Being that the Petition and Adjustment of Status Application were withdrawn, Respondent was out of status and considered to be residing in the United States illegally. Ultimately, the couple divorced.  Several years later, Respondent began dating again and got engaged to his new United States Citizen girlfriend. While Respondent was engaged, he was served with a Notice to Appear before the Immigration Court in Manhattan, New York. The Department of Homeland Security charged Respondent with being removable from the United States for having remained in the United States illegally without authorization by the U.S. Citizenship and Immigration Service. While in removal proceedings, Respondent and his United States Citizen fiance' got married. Respondent's spouse filed an I-130 Petition for Alien Relative on behalf of Respondent and Respondent filed an I-485 Adjustment of Status Application. The trial attorney for the Department of Homeland Security agreed to remand the case to the U.S. Citizenship and Immigration Service so that an immigration officer could make a determination as to whether or not Respondent married his United States Citizen Spouse because he loved her or whether Respondent was in violation of Immigration Laws for having married his spouse simply to obtain lawful permanent residence in the United States.  Attorney Jayson DiMaria accompanied Respondent and his spouse to the interview. The immigration officer separated Respondent and his spouse, and asked them each ten pages of questions in an effort to determine if their marriage was bona fide (a marriage entered into for love and not entered into in order to obtain immigration benefits). The immigration officer determined that the marriage is bona fide and approved the I-130 Petition for Alien Relative.  Attorney DiMaria then filed a motion to re-calendar the case for trial so that the Immigration Judge could make a determination as to whether Respondent was qualified to obtain Lawful Permanent Residence in the United States. The case went to trial and the Immigration Judge granted Respondent's Adjustment of Status application. Respondent is now a Conditional Lawful Permanent Permanent Resident of the United States.  Respondent is considered a Conditional Lawful Permanent Resident because he and his spouse got married within two years of the date in which Respondent obtained Lawful Permanent Residence in the United States. In order to verify the validity of the marriage, U.S. Citizenship and Immigration Services requires both Respondent and his spouse to file an I-751 Application to Remove the Conditions on Permanent Residence within 90 days of the two year anniversary of Respondent having been granted Conditional Lawful Permanent Residence. Once this application is approved, Respondent will obtain his ten year Lawful Permanent Resident Card.  Respondent is no longer in Removal/Deportation Proceedings, and will enjoy Lawful Permanent Resident status in the United States.