Naturalization Documents New York Marriage Waivers I-751

1. Naturalization Documents New York | Initial Marriage Based Green Card Challenges

The matter began in New York City when a U.S. Citizen sought legal representation to assist a foreign national spouse with adjustment of status. Early analysis revealed several risk factors requiring heightened scrutiny under federal immigration law. These issues shaped the legal strategy from the outset.

Age Disparity, Visitor Entry, and Scrutiny of Intent

The couple had a significant age difference, a factor that frequently triggers enhanced review of marital bona fides under INA §204(c) and related USCIS policy guidance.

The foreign national had entered the United States on a B-2 visitor visa, raising concerns under INA §212(a)(7) regarding possible preconceived immigrant intent.

During the adjustment interview conducted at the New York USCIS Field Office, officers examined joint documentation, living arrangements, and the timeline of the relationship in detail.

2. Naturalization Documents New York | Noid Based on Misrepresentation Findings

Following the interview, USCIS issued a Notice of Intent to Deny (NOID), significantly complicating the case. The agency alleged that the applicant had made a material misrepresentation on the original visitor visa application.

Misrepresentation under Ina §212(a)(6)(C)(I)

USCIS concluded that the applicant failed to disclose prior relationship plans in the United States, triggering inadmissibility under INA §212(a)(6)(C)(i).

Under federal law, such a finding results in a lifetime bar unless a waiver is granted.

The NOID placed the entire adjustment application at risk, requiring an immediate and comprehensive legal response supported by credible documentation.

3. Naturalization Documents New York | I-601 Waiver Strategy and Approval

To overcome the inadmissibility finding, counsel prepared and filed a detailed Form I-601 Application for Waiver of Grounds of Inadmissibility. This phase of the case required extensive factual development and legal analysis.

Demonstrating Extreme Hardship to a U.S. Citizen Spouse

Under INA §212(i), the waiver required proof that denial of permanent residence would cause extreme hardship to the U.S. Citizen spouse.

The legal team assembled medical records, financial dependency evidence, psychological evaluations, and sworn affidavits documenting the consequences of separation or forced relocation.

The waiver package emphasized the bona fide nature of the marriage and complied with evidentiary standards applied by USCIS offices in New York.

After several months of review, USCIS approved the I-601 waiver and granted conditional permanent residence.

4. Naturalization Documents New York | I-751 Delay and Citizenship through Naturalization

Two years later, the couple returned for assistance with removing the conditions on residence. Although the I-751 petition was properly filed, the case encountered an extended delay.

Concurrent I-751 and Naturalization Approval

The I-751 petition remained pending for nearly two years without adjudication, despite submission of updated marital evidence.

Consistent with INA §319(a), counsel advised the client to file Form N-400 once eligible for naturalization based on marriage to a U.S. Citizen.

During the naturalization interview, USCIS reviewed both the pending I-751 and the naturalization documents simultaneously.

After thorough questioning, the officer approved both applications, and the client was sworn in as a U.S. Citizen in New York, concluding a multi year immigration process successfully.

30 Dec, 2025