Expiration of K-3 and K-4 covered by quick Green Card work for Vietnamese family

The client came to the United States as one of minor dependents of Vietnam refugees. In 1999, while still a permanent resident, he went home to Vietnam and got married. Their marriage for immigration purposes is a preference category that the Vietnamese wife will have to wait for at least 5 to 6 years to become eligible to migrate to United States. In 2002 however he became a US citizen passing the CIS citizenship test despite deficiency in English Language. He filed for temporary non-immigrant visa (K-3) for his wife and minor son (K-4). Visas for his wife and minor son were issued and both came to the United States in February 2003. Our clients thought that the K-3 visa was an immigrant visa and that the Green Card process had stopped up to that stage. On the contrary, the K-3 and K-4 for his wife and son had expired in 2005 and thus they went out-of-status and became vulnerable to removal from the United States. In April, 2008, we filed immediately the applications for Green Card and employment authorization. The case was approved in 7 months.