Murthy Success: A Simple Solution in a Complex Immigration Journey

The Murthy Law Firm recently succeeded in helping a client obtain a green card through a marriage-based process, despite a complicated immigration history that initially appeared to present insurmountable obstacles. This client graciously granted permission for the Murthy Law Firm to share his story to help others who face similar challenges.

A Series of Setbacks and Tragedies

Our client’s immigration journey began when he entered the United States on a K-3 visa to marry a U.S. citizen spouse. Unfortunately, this marriage ended in divorce before the couple had the opportunity to apply for a family-based green card. This left our client without lawful immigration status and accruing unlawful presence in the United States.

Our client then remarried, this time to a green card holder. The new spouse filed an I-130 petition and an I-485 application on his behalf. However, because he had accrued unlawful presence, he also needed to file an I-601A application for a provisional unlawful presence waiver, as explained in the MurthyDotCom InfoArticle, Inadmissibility and Immigrant / Nonimmigrant Waivers (03.Jun.2023). While this waiver application was pending, tragedy struck when his second spouse passed away from an illness, leaving him to care for their young daughter alone and without a clear path to permanent residence.

Finding Hope: A New Beginning

Despite these heartbreaking setbacks, our client found new love and married a third time, to a spouse who was a U.S. citizen. It was at this point that the couple came to the Murthy Law Firm seeking assistance in navigating the client’s complex immigration history and finding a viable path forward.

A Simple Solution Hidden in Plain Sight

Although the situation appeared bleak and legally complicated, the Murthy Law Firm identified a surprisingly straightforward solution. Because our client had entered the United States lawfully on a K-3 visa years earlier, he remained eligible to adjust status as the spouse of a U.S. citizen. And critically, in the immediate relative category of spouse of a U.S. citizen, unlawful presence does not bar eligibility for adjustment of status. This meant that our client no longer needed the I-601A waiver that had been required when he was married to a lawful permanent resident. Despite the years of complications, accrued unlawful presence, and previous failed petitions, the path forward was remarkably simple.

A Family Permanently United

Although it was a long and difficult road, we are pleased to report that the green card was approved and our client’s family is now living together, happily united in the United States.

Conclusion

Every case is different, but this case serves as an important lesson that, despite a complex history and what may seem like a bleak outlook, a qualified and experienced immigration attorney can carefully assess the circumstances and may discover that a simple solution has been hiding in plain sight all along. The Murthy Law Firm routinely handles complex cases and works diligently to find solutions for our clients. Should anyone wish to inquire about their own individual situation, the Murthy Law Firm is available to consult with and assist those seeking appropriate relief.

The Murthy Law Firm never reveals details of any case handled by our firm, nor the identity of any client, without first obtaining express consent. We appreciate the generosity of our client in allowing us to use this case as an example to our readers. Please note that all cases are different. Even with cases that appear to be similar, past success does not guarantee a favorable result.

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