Significant challenges overcome to win successor in interest/245(I) case

In early 2006, a Rigoberto (not his real name) came to meet with Jay Bagia, Esq. for a consultation, along with his employer. During the consultation it was discovered that Rigoberto was the beneficiary of an I-130 petition which was filed on his behalf in February of 2001, which grants him protection under section 245(i) of the INA. This meant that he would be eligible to apply for his green card in the United States, despite his illegal entry into the country. The law office of Bagia & Associates was retained to prepare the PERM labor certification application and proceed with adjustment of status accordingly.

The PERM labor certification application was approved by the Department of Labor and Form I-140, Immigrant Petition for Alien Worker, was filed with USCIS in May of 2006. Since Rigoberto’s priority date was not yet current, he could not apply for his green card just yet.

His priority date finally became current in mid-2012, at which point we contacted Rigoberto and learned that the original company had been bought by another company! His job was the same, but the company was different. Research proved that the new company would have to file a new Successor-In-Interest I-140 Petition. The new company agreed to move forward and we filed the new I-140.

We received a lengthy Request for Evidence from USCIS because the new company had not fully assumed all of the predecessor’s liabilities in the sale of the company. Attorney Christina Galvan, Esq. timely responded and we received an approval! This allowed us to retain the original priority date. We filed the green card application and yet again, we received a Request for Evidence challenging the client’s 245(i) eligibility. We timely responded and we won! Rigoberto has finally received his green card, without an interview! We could not be happier for him and his family!