Client Background
Our client, the father of a U.S. citizen, embarked on the journey towards obtaining a green card. However, the case presented unique challenges that demanded a comprehensive and strategic approach.
Challenges Faced
The complexity of the case arose from two main issues. Firstly, the foreign national had entered the U.S. legally many years ago but lacked proof of lawful entry due to the loss of his passport. Secondly, he did not possess a valid birth certificate, further complicating the documentation process.
Strategic Approach
In addressing the first challenge, we implemented a multi-faceted strategy. We filed Freedom of Information Act (FOIA) requests with the U.S. Department of State and Customs and Border Protection (CBP) to obtain any available entry documents. Concurrently, we prepared a detailed affidavit “in lieu” of an I-94 or entry stamp, providing legal support for submitting this affidavit as a substitute for entry documentation.
Navigating Birth Certificate Issues
Dealing with the absence of a valid birth certificate necessitated a transcontinental effort. Upon discovering what appeared to be a Polish birth certificate, we engaged an attorney in Poland to gather further details. Surprisingly, the document revealed the client’s birthplace in Russia. Subsequently, we enlisted the help of a Russian attorney to locate the client’s birth certificate. Despite the ongoing investigation, we made the strategic decision to file the case with the evidence available at that time, anticipating potential requests for further evidence from USCIS.
Success Amidst Challenges
Our meticulous efforts in obtaining secondary evidence, including letters from Polish and Russian counsel and a detailed affidavit from the client, proved instrumental. The comprehensive nature of our submission contributed to the case’s approval by USCIS, even before we obtained the Russian birth certificate (which we did post-approval).
Conclusion
This case underscores the significance of diligence, creativity, and strategic planning in overcoming obstacles in immigration matters. By employing a multi-faceted approach and navigating complex documentation challenges, we facilitated a successful outcome for our clients, enabling them to progress towards permanent residency in the United States.
