hi everyone this is Joseph Tsang today we'll be talking about a 751 waiver case and it's actually
a motion to reopen as well these are usually the most interesting when you put the two together
um so first what is a 751 waiver a 751 is a joint petition a person comes into the U.S.
marries a U.S. citizen gets a green card and now after two years needs to remove the condition
and get a permanent green card you file a 751 but what if throughout that two-year waiting period
the marriage dissolves against the divorce the government still allows you to get the permanent
green card if you file a 751 waiver provided that your marriage is bonafide it is real it
is not entered into to defraud the immigration government it is not to circumspect immigration
laws it is not to create a fake marriage right so a 751 waiver this Chinese Cambodian fella
came to the u.s got married to this hispanic lady met them at work and they dated for a while got
married got the green card within a very short amount of time i don't remember exactly how long
approximately a year got divorced uh this Chinese Cambodian guy he's traveling all the time because
of work so he's hardly ever home so when they had to file the 751 waiver there was just not that
many documentation but he did his best got the witnesses to attest that the marriage is real the
few pictures that they they taken together the few text messages and email put it together super weak
not a lot of joint documentation financially because they just did they weren't very wealthy
an interview notice came he went to the interview with one of our attorneys and just got
grilled during the interview asked them all these questions and him being a very timid
man had a hard time answering and really talking about his case and the few things that he did say
contradicted other parts small contradictions though where did you meet when did you meet
things like that that you kind of sort of forget so he didn't get every question correct
came back at the end of the day the case was denied and we looked at it and we felt it was
somewhat justified because the case was weak he knew it was weak he knew the case would be weak
even before he got into divorce we kind of warned him about it he went home he came back the next
day and said but i really really want you to try again right the client is pleading with us to try
to argue his case again but i told him there's just so little documentation he said i could
try to get some more i have more friends who can come out and testify or could write longer letters
that explains why the relationship is real and and the denial notice i read through it over and
over again the officer really misunderstood me all this stuff i'm like look the chances is very slim
where you're going to overturn a decision that the officer already had an interview face to
face and there's all these contradictions in place so we are like okay well let's try if you're able
to supply the documents we're willing to do it for you right i was still very um skeptical at
this point um and then i called the attorney that worked with us to go to the interview and then the
attorney was like yeah it was actually super bad i mean our client wasn't the best didn't have the
best answers to everything but the way the officer was just questioning him and attacking him he was
only um hearing what he wanted to hear and he was just looking for ways to deny the case you could
tell he was not an objective interview and it was to the point where i got really frustrated and i
started arguing with him and i went up to the supervisor to talk about the behavior of this
particular officer the attorney actually said look i know the case is weak but because of the
behavior of the officer was just so unprofessional this is not america i'm willing to write a letter
to the director explaining how i feel and what i observed and so our attorney crafted this long
like i think five to eight page uh detailed account of everything that happened and
every wrong thing that the officer did prior to submitting the motion to rupen the whole thing we
only had 30 days our attorney actually brought it to the director and doctor said actually
thank you for doing this motion to reopen and giving a detailed account of the conduct because
you're not the first one to make this complaint there have been many people that described it but
there was just no formal process for us to do anything so now that you're going through this
motion to reopen with this detailed account and you have credibility with us because you come to
us with reviews of good officers and now you're coming with a review of a bad officer we will
take this into account so we put it together we filed it and within a month the case was reopened
and then approved no additional requests for evidence no interview notice it was approved this
is the only time that i've ever heard of any 751 waivers getting approved after a motion to reopen
it's extremely difficult in this instance i think it's to the credit of the attorney
who was willing able to detail everything and that just kind of shows you that good character works
again this is another proof that USCIS's process works very happy about this case if you guys have
any questions about 751 751 waiver you want to brainstorm feel free to have a strategy
session i'll be happy to talk to you about it thank you and i wish you guys the best bye