Success Story: Federal Lawsuit Forced USCIS to Concede and Reverse Course on An Improper Denied I-130 and I-485 Petitions (March 2024)

In a March 2024 decision, the USCIS San Jose Field Office reversed its previous denials of our client's I-130 US Citizen's Petition for Spouse and I-485 Green Card Application as a result of our lawsuit in federal court, Northern District of California.

Our client, a U.S. Citizen (USC), filed an I-130 spousal petition on behalf of his wife, a citizen of Kenya. The non-US citizen spouse (Beneficiary) simultaneously filed a Form I-485, Application to Register Permanent Residence or Adjust Status (the “I-485 application”), to become a Legal Permanent Resident.

Because the Beneficiary stated in previous immigration filings, such as the B1/B2 tourist visa and asylum application, that she was “married” to the father of her children in Kenya, USCIS issued a Request for Evidence (RFE) regarding the termination of the marriage.

In response to the RFE, our clients provided evidence that the Beneficiary was never legally married in Kenya and that cohabitation is not considered a legal marriage in either Kenya or California, where the marriage with the USC spouse was celebrated. However, USCIS denied the I-130 petition and the I-485 application, finding that our client was not eligible for an immediate relative visa because they failed to prove that the Beneficiary was never married before.

Our clients filed a Form I-290B, Notice of Appeal or Motion, asking USCIS to reopen or reconsider the I-130 Denial (“I-290B MTR”) based on extensive evidence and legal arguments that the Beneficiary was never legally married to the father of her children under Kenyan law.

Nevertheless, USCIS denied the I-290B MTR (“I-290B Denial”), asserting that only evidence from the “Registrar General” of Kenya had legal authority to establish that the Beneficiary “had never been married in all of Kenya.” Despite submitting all relevant case law, accompanying memoranda of points and authorities, and supporting documentation on the issue of the validity of the Beneficiary's marital status, USCIS remained unresponsive to the record and legal authorities as submitted. The I-290B Denial refused to grant any weight to the additional evidence that our clients submitted.

Our clients were faced with the options to refile their case or submit an appeal to the Board of Immigration Appeals (“BIA”). Both options would entail extremely long processing times with no clear resolution. The clients were then referred to our office for an evaluation.

Attorney Nguyen D. Luu devised an aggressive litigation strategy to immediately advance our client's case in federal court to seek timely adjudication of the matter. We filed a lawsuit on behalf of our clients in federal court against USCIS, challenging its wrongful decision to deny our clients' I-130 and I-485 petitions.

Within 60 days after filing the lawsuit, an US Attorney from US Department of Justice headquarter in Washington D.C. informed our office that the USCIS San Jose Field Office had reopened the I-130 and I-485 petitions, and approved our client's green card. The government did not even file an opposition or a response to our lawsuit.

The firm is extremely pleased with the complete victory of our federal lawsuit. Our client has received her green card and safely remained with her husband in the U.S. When facing wrongful denials by USCIS, holding the government accountable in the federal court has proven to empower families, individuals, and businesses. Our firm has found it to be the most effective approach in getting immigration cases adjudicated or reverse a wrongful denied decision.