Marriage Green Card After Conviction: A Success Story

In 2020, Kabir, a frustrated man from India, visited our Atlanta office seeking help with his marriage-based green card.

He explained that he married his U.S. citizen fiancée a year earlier. However, his I-485 application was denied because of a 2018 conviction for illegal commercial gambling. His attorney reduced the charge to a misdemeanor, resulting in one year of probation, which he completed without jail time.

Understanding the Challenge

Our team agreed that this offense was not a “crime involving moral turpitude.” Therefore, we accepted his case. USCIS requested proof that Kabir’s probation was complete and no new charges were pending.

We advised Kabir to obtain this clearance from the courthouse. Unfortunately, the building was closed due to the COVID-19 pandemic. His next stop was the Sheriff’s Department, but they only provided a case history.

Taking Action

Despite these obstacles, we filed an I-290B Notice of Appeal and a Motion to Reconsider. We included Kabir’s affidavit promising to provide the required document once the courthouse reopened.

Two months later, USCIS withdrew the denial and issued a new decision. They sent an RFE requesting an original or certified court document confirming probation completion. This puzzled Kabir because he had already submitted a certified copy of an “Order to Modify Probation Conditions.”

Resolving the Issue

Kabir visited the police department, the sheriff’s office, and the reopened courthouse. The clerk offered a court docket copy for $2.50 per page, but it was available online for free. To assist, the clerk emailed us confirming no additional documents existed.

We responded to the RFE with all previous items and additional papers Kabir found related to his case.

The Outcome

Thanks to our efforts and Kabir’s persistence, everything came together. In February 2021, Kabir received his green card. He was so grateful that he hired us again to help bring his teenage son from India to live with him and his new stepmother.

If you need help with a marriage green card after conviction, or know someone who does, contact us today.