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A prior denied marriage petition, divorce, removal proceedings, or past criminal charges can make a marriage-based immigration case significantly more complicated. However, those issues do not necessarily mean that obtaining lawful permanent residence is impossible.
In this immigration client success story, the attorneys at FitzGerald Law Company helped a Ghanaian national obtain a Green Card after a previous marriage petition had been denied, his first marriage ended in divorce, he was placed in removal proceedings, and his record included prior criminal charges.
Case Result: Green Card Granted by the Immigration Judge
Case type: Marriage-based immigration and removal defense
Immigration issues: Visa overstay, prior denied marriage petition, divorce, removal proceedings, and past criminal charges
Legal strategy: Removal defense combined with a new family-based immigration petition and adjustment of status strategy
Outcome: Marriage petition approved and Lawful Permanent Resident status granted by the Immigration Judge
Every immigration case depends on its individual facts and applicable law. Past results do not guarantee a similar outcome. Use our online consultation scheduler to Schedule a consultation with one of our experienced immigration lawyers or Call at 617-523-6320
The Immigration Challenges John Faced
“John” was born in Ghana and entered the United States on an F-2 visa when he was 14 years old.
He enjoyed living in the United States and hoped to make it his permanent home. However, after overstaying his visa, his immigration options became significantly more limited.
His case eventually became even more complicated because it involved several separate immigration and legal issues:
- A prior marriage-based immigration petition that had been denied;
- Divorce from his first U.S. citizen spouse;
- Removal proceedings before an Immigration Judge;
- A lengthy period of unlawful immigration status; and
- A history of criminal charges from his youth.
Successfully addressing John’s immigration situation therefore required more than simply filing another immigration form. His attorneys needed to develop a strategy that accounted for both his removal proceedings and any future opportunity to obtain lawful permanent residence.
A Prior Marriage Petition Was Denied by USCIS
When John was approximately 20 years old, he met “Nancy” through his mother.
They developed a relationship based on shared interests, including movies and basketball, eventually fell in love, and married.
Because Nancy was a U.S. citizen, she filed a marriage-based petition seeking to help John become a Lawful Permanent Resident.
Initially, the couple believed John’s immigration case was progressing normally.
Their personal circumstances, however, became increasingly difficult. Nancy lost her job and began struggling with drugs and alcohol. John did his best to help Nancy through this crisis and in an effort to reduce their financial pressures and work on their relationship, John and Nancy moved into his mother’s home.
Despite their efforts, the marriage ultimately broke down and after more than three years of marriage, they divorced.
USCIS also denied the marriage petition after determining that John and Nancy had not submitted sufficient evidence supporting the marriage.
The denial created a serious immigration problem for John.
John Was Placed in Removal Proceedings
Following the problems with his immigration status, John found himself in removal proceedings before the Immigration Court and facing the possibility of being deported from the United States and separated from his family.
The immigration attorneys at FitzGerald Law Company recognized that the removal case needed to be handled strategically so that John could preserve the possibility of applying for permanent residence if he later became eligible.
While his case was pending, our attorneys also pursued an asylum application based on John’s fear of returning to Ghana because of his tribal membership.
John was eventually scheduled for a final hearing before an Immigration Judge in 2016.
A New Marriage Created Another Path to Permanent Residency
John’s life changed again when he met “Laura,” who was also originally from Ghana.
The two began dating and eventually Laura became pregnant with their first child.
After their daughter was born, John and Laura married.
At the time, Laura was already a Lawful Permanent Resident of the United States. That status allowed her to file a family-based immigration petition for her husband.
Our attorneys expeditiously pursued a new marriage-based immigration strategy on John’s behalf while carefully coordinating the petition with his pending removal proceedings.
Our Immigration Attorneys Pursued a New Marriage-Based Petition
A petition for John was filed based on his marriage to Laura.
When Laura later became a U.S. citizen, John’s immigration situation changed again.
Our attorneys promptly informed the Immigration Court of the development and worked to ensure that John had sufficient time to complete the marriage petition process.
Several months later, the petition was approved by an Immigration Officer, and John was now eligible to adjust his status and become a Legal Permanent Resident.
That approval was an important milestone, but it did not automatically end John’s immigration case or grant him a Green Card.
Because John was already in removal proceedings, he still needed to establish his eligibility for permanent residence before the Immigration Judge.
Preparing for the Green Card Hearing in Immigration Court
The immigration attorneys at FitzGerald Law Company prepared John extensively for his final hearing.
Although his marriage petition had been approved, the Immigration Judge still needed to evaluate whether John qualified for lawful permanent residence under the circumstances of his case.
One significant issue involved John’s prior criminal history.
How John’s Prior Criminal Charges Affected the Case
John had several relatively minor criminal incidents from his youth involving operating vehicles without a license and possession of alcohol.
His record also included a prior Assault and Battery charge, which had been dismissed by the prosecution approximately four years before John’s immigration hearing.
Nevertheless, the existence of the charge was an issue that needed to be addressed carefully before the Immigration Judge.
During the hearing, John testified calmly about his history. He explained the circumstances surrounding the criminal case, stated that he had never been abusive toward anyone, and explained why the prosecution had dismissed the charge.
The Immigration Judge found John’s testimony credible.
The Result: Lawful Permanent Residence Granted
After considering the evidence and John’s testimony, the Immigration Judge granted John Lawful Permanent Resident status.
After years of immigration uncertainty, a failed prior marriage petition, divorce, removal proceedings, and concerns relating to his criminal record, John finally obtained his Green Card.
He, his wife, and their daughter could now plan their future in the United States without the continuing uncertainty of removal proceedings.
Can You Get a Marriage Green Card After a Prior Petition Has Been Denied?
A previous denial does not necessarily prevent someone from later qualifying for another marriage-based Green Card.
However, a prior failed marriage immigration petition can create significant complications. USCIS or the Immigration Court may closely examine the circumstances surrounding the previous marriage, the reasons for the earlier denial, the evidence supporting the current marriage, the applicant’s immigration history, and any other potential eligibility or admissibility issues.
Cases involving a prior denied marriage petition, divorce, visa overstay, removal proceedings, or criminal history can require a much more sophisticated immigration strategy than a routine marriage-based application.
Because the result depends heavily on the facts of each case, individuals facing these circumstances should obtain individualized legal advice before deciding how to proceed.
Facing a Complicated Marriage Green Card or Removal Case?
If your immigration history includes a previous marriage petition denial, divorce, removal proceedings, immigration court proceedings, a visa overstay, or past criminal charges, FitzGerald Law Company’s immigration attorneys can evaluate your circumstances and discuss the immigration options that may be available to you.
Our Boston immigration lawyers represent clients in complex immigration and removal matters.
Call FitzGerald Law Company at 617-523-6320 to schedule an initial consultation with an experienced immigration attorney or schedule it here.
FitzGerald Law Company attorneys can also assist clients with criminal defense and personal injury matters.
Client names and certain identifying details have been changed to protect confidentiality. Prior case results do not guarantee the same or a similar outcome in another case.
