U.S. Green Card Success Story: From Canada to Residency

Please note: The client’s name and case details have been altered to preserve identity. This success story about working to achieve a U.S. Green Card is for informational purposes only and does not constitute legal advice.

Background: A Canadian Citizen Seeking U.S. Residency

From 2019 to 2021, the Margaret W. Wong team in New York worked with Adityas, a Canadian citizen who had immigrated to Canada from India as a child.  Moreover, after nearly two decades of working in the United States, Adityas wanted to obtain legal permanent residency—a U.S. Green Card.

Employment-Based Immigration and 245(i) Relief

Adityas had frequently traveled between the U.S. and Canada and initially sought employment through an EB-3 skilled worker visa. Later, he secured an I-140 (Employment-Based Green Card) petition through a clinic employer before coming to us in 2019.

Because a labor certification had been filed on his behalf in early 2001—just before the April 30th cutoff—and he could prove presence in the U.S. on December 21, 2000, Adityas qualified for 245(i) relief under the LIFE Act of 2000. This made him eligible for a U.S. Green Card, and his wife, Lakshmi, qualified as a derivative beneficiary.

Overcoming Challenges with Lakshmi’s Application

Lakshmi, also a Canadian citizen, faced complications when USCIS issued a NOID (Notice of Intent to Deny) due to questions about her U.S. travel history. Furthermore, our team reviewed her records and demonstrated that her entries were documented and, as a Canadian citizen, she had duration of status. We were prepared to file an I-601 waiver if necessary, but our response resolved the issue.

The Final Outcome

Despite delays caused by the COVID-19 pandemic, Lakshmi’s green card was approved in March 2021—marking a successful conclusion to this complex case. If you or someone you know is in a similar situation and needs help obtaining a U.S. Green Card, contact our team today.