Marriage-Based Green Card Case Study: Overcoming Visa Overstay and Misrepresentation

What was the core issue the client approached with?

Maria Rodriguez, a 35-year-old Mexican national, approached Gambourg & Read after her adjustment of status (Form I-485) was denied.
The denial stemmed from an alleged misrepresentation at her initial entry into the United States on a tourist visa and her subsequent overstay.

What risks or threats was the client facing?

Maria faced potential removal from the United States despite being married to a U.S. citizen and raising two U.S.-born children.
Her immigration status—and her family’s unity—were at serious risk. The case required a detailed legal strategy to protect her family and secure lawful permanent residency.

Maria entered the U.S. legally on a B-2 tourist visa in 2010 but overstayed her authorized stay.
In 2015, she applied for adjustment of status through marriage to her U.S.-citizen spouse.
USCIS denied the petition, alleging that Maria misrepresented her intent at entry—a common ground for denial in family-based immigration cases.

What were the main challenges or risks involved?

• Visa Overstay: Her extended stay complicated eligibility for adjustment.
  
• Misrepresentation Allegation: USCIS questioned whether she entered intending to immigrate, triggering potential inadmissibility.
  
• Family Impact: Deportation would have separated Maria from her husband and two young U.S.-born children.
  
  

What tactics and legal tools were used in the case?

The Gambourg & Read immigration team designed a focused legal plan to challenge the denial and secure Maria’s green card:

• In-Depth Legal Review: Examined statutes and precedent case law on misrepresentation waivers and overstay exceptions.
  
• Motion to Reopen: Filed with newly discovered evidence and clarified prior factual misunderstandings in the original USCIS decision.
  
• Submission of Additional Documentation:
  
• • Proof of a genuine marriage and family life.
    
  • Evidence of good moral character and community ties.
    
  • Birth certificates of her U.S.-citizen children establishing hardship.
    
    
• Interview Preparation: Maria was thoroughly prepared for her USCIS interview to confidently address all concerns about her intent and eligibility.
  
  

Were there any particular aspects of legislation or case law applied?

Yes. The case relied on:

• INA §245(a) – governing eligibility for adjustment of status.
  
• INA §212(i) – providing a waiver for misrepresentation if denial would cause extreme hardship to a U.S.-citizen spouse or child.
  
• USCIS policy guidance recognizing the importance of family unity in discretionary decisions.
  
  

What was the result of the case?

After reviewing the motion and supplemental evidence, USCIS granted Maria’s motion to reopen and approved her adjustment of status.
She was issued a Green Card (Form I-551) and became a lawful permanent resident of the United States.

What did this result provide for the client?

• Family Security: Maria and her family remained safely together in the U.S.
  
  
• Legal Stability: She obtained permanent resident status, opening a future path to citizenship.
  
  

Peace of Mind: The approval eliminated deportation risk and restored stability to her home life.