CASE STUDIES

FAMILY VISAS

Every family immigration case carries its own story—and often, its own unexpected obstacles. The case studies below illustrate how we guide clients through some of the most complex and high-stakes family-based petitions, from spousal green cards and consular processing to I-601 and I-751 waivers and VAWA self-petitions.

These are not routine filings. They involve heightened USCIS scrutiny, prior denials, difficult timelines, sensitive personal circumstances, and clients whose safety or future depends on the outcome.

What unites them is our commitment to looking beyond standard documentation, identifying the core legal issues early, and crafting strategic, persuasive solutions that get results. Each case reflects the persistence, creativity, and care we bring to helping families stay together in the United States.

*These case studies describe actual matters handled by Khalique Law PLLC. Every immigration case is unique, and prior results do not guarantee a similar outcome in future cases. Results depend on the specific facts, evidence, and applicable law in each case. Some facts have been modified or omitted to protect client confidentiality.

I-601 Waiver & Adjustment of Status →

US Citizen Diplomat & Turkish Spouse — Spousal Petition & Consular Processing →

Marriage Petition with Scrutiny — Overcoming USCIS Concerns About Marriage Validity →

VAWA Petition — Overcoming Domestic Violence, Guilt, and Trust Issues →

I-751 Waiver — Dissolution of Good-Faith Marriage and Extreme Hardship as LGBTQ Individual from Iran →

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Case Study 1

I-601 Waiver & Adjustment of Status

Background

Client is a woman who faced political persecution and was arrested for her activism. Client fled to a country in Europe, where she was granted asylum protection, but continued to face similar persecution. In 2014, Client fled Europe and entered the United States under a false identity to protect herself from further persecution. After arriving in the United States, Client filed an asylum petition, which remained pending. In 2022, Client married a U.S. citizen and retained our firm to pursue a spousal petition and adjustment of status.

The Challenge

To pursue the spousal petition and adjustment of status, Client’s pending asylum case needed to be withdrawn from immigration court. However, withdrawing the asylum application also removed the legal protections that had shielded Client’s false identity from scrutiny. As a result, Client became inadmissible to the United States under INA Section 212(a)(6)(C)(i) for willful misrepresentation of her identity upon entry. This inadmissibility required Client to obtain an I-601 waiver before she could adjust her status to lawful permanent resident.

At the adjustment of status interview, USCIS identified the misrepresentation issue and instructed Client to file an I-601 waiver. While the waiver was pending, Client wished to travel outside the United States, but we advised against international travel because departing while inadmissible could have jeopardized her ability to return and undermined her pending adjustment application.

The case became even more challenging when the initial waiver was denied during a period of heightened USCIS scrutiny, when extreme hardship waivers were being reviewed particularly closely.

Our Solution

We filed a spousal petition for Client. Once it was approved, we had her immigration court case dismissed so she could pursue a green card application based on her marriage. We then filed a green card application along with a work permit and travel permit, and she was scheduled for a green card interview.

At the interview, the officer determined that an I-601 waiver was required for the misrepresentation she had used to enter the U.S. under a false identity—since she had withdrawn her asylum and was no longer protected by asylum law. We prepared and filed an I-601 waiver, demonstrating that denial of Client’s admission would result in extreme hardship to her qualifying relative.

Despite our belief that the initial filing was thorough, the I-601 waiver was denied, and the I-485 was denied as well, with USCIS stating the misrepresentation was too strong and failing to adequately consider the evidence submitted. We filed an I-290B motion to reopen with additional evidence and a comprehensive response. That motion was denied after weather-related delays prevented timely delivery to USCIS. We then filed a second I-290B motion to reopen, citing the weather delay as an extraordinary circumstance. That motion was also denied, despite USCIS having accepted the filing fees for each submission.

We then decided to refile the green card application, I-601 waiver, and work permit from scratch. In response to the heightened scrutiny surrounding extreme hardship determinations, we significantly strengthened the case by gathering additional evidence and comprehensive documentation to substantiate Client’s extreme hardship claim.

Outcome

The resubmitted I-601 waiver was approved. Client attended her adjustment of status interview and was approved for lawful permanent residence. Client received her green card within six months of the final submission.

However, upon receipt of the green card, a USCIS error was discovered regarding Client’s date of admission to permanent residence. We filed an I-90 petition to correct the error, which resulted in an additional two- to three-week delay before Client received a corrected green card.

Case Study 2

US Citizen Diplomat & Spouse — Spousal Petition & Consular Processing

Background

Our client is a US citizen working as a diplomat for the United Nations. Due to the nature of his work, he had been living overseas for several years when he met his wife— also working for the UN—abroad. He came to us wanting to petition for her to obtain a green card and ultimately join him in building a life in the United States.

The Challenge

Challenge #1: Establishing US Domicile for the Petitioner

Although our client is a US citizen, he had not been physically living in the United States for several years due to his diplomatic posting with the UN. For a spousal petition to be viable for consular processing, the petitioner must demonstrate that he intends to maintain domicile in the United States. With limited physical evidence of his ties to the US—no recent utility bills, lease agreements, or other typical documentation—we needed to build a compelling case for his domicile through a combination of legal arguments and creative supporting documentation that addressed his unique circumstances as a diplomat living abroad.

Challenge #2: Managing a Lengthy and Complicated Consular Processing Timeline

After the spousal petition was approved, the case entered the NVC (National Visa Center) stage, where they waited for the immigrant visa interview to be scheduled. This stage took a very long time. During that waiting period, the wife’s UN work required her to relocate—first to Indonesia and then to Qatar—creating ongoing uncertainty about where her interview would ultimately take place and whether the process would be disrupted by her changing locations.

Our Solution

Establishing Domicile: We recognized early that standard evidence of US ties would be insufficient given the client’s years of overseas postings. We developed a strategy combining strong legal arguments about his status as a US citizen diplomat temporarily abroad with creative supporting documentation that collectively demonstrated his intent to maintain US domicile. We carefully framed his circumstances within the legal framework that protects US citizens working overseas in diplomatic and government roles.

Spousal Petition: We prepared and filed the I-130 spousal petition. The petition was approved with no issues in approximately six months.

NVC and Consular Processing: We managed the NVC process and maintained communication throughout the extended waiting period. We monitored the wife’s changing locations—Indonesia and then Qatar—and strategized around the impact this could have on interview scheduling. Ultimately, the wife returned to Turkey for her consular interview, and we ensured the case was properly prepared and positioned for that interview.

Outcome

Despite the complexities of establishing domicile for a diplomat who had been living abroad for years, and despite the lengthy NVC timeline and the wife’s multiple international relocations during the waiting period, the case was ultimately approved and the wife received her green card.

Case Study 3

Marriage Petition with Scrutiny — Overcoming USCIS Concerns About Marriage Validity

Background

A US citizen woman petitioned for her husband, a foreign national, for a green card through marriage. There was a significant age gap between them—approximately a decade of difference. Additionally, this was the USC wife’s fourth marriage. The beneficiary husband had entered the United States on a visa and married his USC wife only a few months after arriving in the country.

The Challenge

Multiple factors created red flags for USCIS and raised serious questions about the legitimacy of the marriage:

Age gap: The approximately ten-year age difference between spouses. Short courtship: They married only a few months after the beneficiary entered the United States—an extremely short relationship timeline before marriage. Petitioner’s marriage history: This was the USC wife’s fourth marriage, raising questions about whether she had a pattern of marriages that might not be genuine. Question of bona bide marriage: The combination of all these factors created significant scrutiny from USCIS about whether this was a legitimate, bona fide marriage or a fraudulent marriage entered into for immigration purposes.

Our Solution

Initial Strategy: We took a comprehensive, evidence-based approach to address every concern USCIS had identified. We provided thorough, detailed evidence demonstrating the bona fides of the marriage, compiled extensive documentation showing the genuine nature of their relationship, and prepared a strong petition packet addressing each red flag systematically.

First Marriage Interview: We attended the first USCIS marriage interview with the couple. Despite answering all questions correctly and presenting thorough documentation, USCIS scheduled them for a second interview—a Stokes interview. The first interview went very well, but USCIS wanted additional scrutiny.

Preparing for the Stokes Interview: Having represented them at the first marriage interview, we could assess how the couple answered questions and identify the officer’s specific concerns. We prepared them extensively for the second interview, addressing all potential questions USCIS could raise given the short duration of their relationship before marriage, the petitioner’s previous marriages, and the age gap. We ensured they were thoroughly prepared on how to answer sensitive questions about their relationship, their intentions, and the legitimacy of their marriage. We brought additional evidence to the Stokes interview that further supported the bona fides of their marriage.

Outcome

They successfully overcame the Stokes interview and their marriage petition was approved.

Key Insight: This case demonstrates an important principle: just because a marriage has characteristics that create additional scrutiny from USCIS does not mean the marriage is not legitimate or cannot be approved. An age gap, a short courtship, or a petitioner’s prior marriages do not automatically indicate fraud. What matters is thorough evidence, proper preparation, and having an experienced attorney guide you through the process.

Case Study 4

VAWA Petition — Overcoming Domestic Violence, Guilt, and Trust Issues

Background

Our client is a woman who is the mother of a US citizen son. She came to us seeking to file a VAWA (Violence Against Women Act) petition based on abuse she had suffered at the hands of her son. This was an extraordinarily difficult and emotionally complex situation for her. She had been a victim of domestic violence inflicted by her US citizen son for years, yet she struggled deeply with the decision to pursue legal action against him.

The Challenge

This case presented multiple interconnected challenges, each deeply personal and emotionally fraught.

Challenge #1: Moral and Ethical Conflict

Our client faced a profound internal conflict. While she was undeniably a victim of abuse, her son was also her child. She felt guilt about pursuing a petition that could have serious legal consequences for him. Part of her still wanted to protect him despite the abuse she had suffered. This created a paralyzing ethical dilemma: How could she pursue her own legal remedy while still honoring her maternal instinct to protect her son? She had been wrestling with this conflict for years before coming to us.

Challenge #2: Difficulty Obtaining Evidence

VAWA petitions require detailed evidence of abuse—affidavits from witnesses, documentation, and thorough accounts of the abusive conduct. However, our client was reluctant to share the details of her abuse with others. She didn’t want to discuss what had happened to her with neighbors, friends, or other potential witnesses. This made gathering the supporting documentation extremely difficult.

Challenge #3: Previous Negative Experience with Immigration Attorneys

Our client had worked with immigration attorneys before and did not have a  experience. When she came to us, she was deeply skeptical and distrustful. She constantly questioned whether we actually knew what we were doing, whether this petition could actually help her, and whether we were just wasting her time. She didn’t understand why we kept asking for more detailed information, why we said we needed additional evidence, or why we couldn’t simply rush the petition through quickly.

Challenge #4: Timeline Pressure from Client

Our client wanted the petition completed within two to three weeks. She was eager to move forward quickly, partly because of her internal conflict and desire to resolve the situation, and partly because of her distrust of the process.

Our Solution

We took a deeply sensitive, methodical approach that honored her emotional needs while building an airtight legal case.

Building Trust Through Transparency: We explained clearly why we needed detailed information and evidence. We helped her understand that rushing the petition would likely result in denial and prolonged suffering. We were patient with her skepticism and consistently demonstrated through our actions that we knew what we were doing. We took time to build rapport and help her see that we were genuinely invested in her success.

Navigating the Evidence Challenge: We worked carefully with her to identify potential witnesses and affidavits. We helped her craft affidavits that contained sufficient detail to establish abuse without requiring her to share information she was unwilling to disclose. We balanced the need for evidentiary strength with her emotional boundaries. We obtained a psychological evaluation that provided professional insight into the impact of the abuse she had suffered.

Building a Compelling Narrative: We prepared an extensive, detailed personal declaration from our client that articulated the nuances of her situation and her internal conflict. We highlighted patterns of abuse that, when viewed collectively over time, clearly demonstrated sustained domestic violence—showing how individual incidents that alone might not have indicated abuse, when strung together, made the long-term pattern undeniable.

Strategic Timing: We refused to rush the process despite client pressure. We spent approximately two to three months carefully building the petition, gathering sufficient evidence and documentation to present a compelling, thorough case.

Outcome

The VAWA petition was approved without any RFE—a significant achievement for a case of this complexity. More remarkably, this was one of the fastest VAWA approvals we have obtained, with the petition approved in less than a year. Our client received her green card within approximately two years of applying—far faster than the several years VAWA cases typically require.

Case Study 5

I-751 Waiver — Dissolution of Good-Faith Marriage and Extreme Hardship as an LGBTQ Individual

Background

Our client is an LGBTQ man who came to the United States as a student to study architecture in New York. After graduating, he was granted an O-1 visa based on his extraordinary ability in architecture and began working at an architecture firm in New York. Before his O-1 visa expired, he married his spouse, a U.S. citizen, and filed a spousal petition, through which he was granted conditional permanent residence.

The Challenge

This case presented multiple overlapping challenges that required careful legal strategy and precise timing.

Challenge #1: Marriage Breakdown Before I-751 Filing

Before it was time to file the I-751 Petition to Remove Conditions on Residence, the client’s marriage began to deteriorate. He had filed the I-751 and N-400 (Application for Naturalization) together, and an interview was scheduled for later that year. However, during the period after submission, the relationship fell apart entirely, and the couple was no longer in a good-faith marital union. Because the I-751 requires a joint filing with the petitioning spouse to demonstrate that the marriage remains bona fide, the marriage breakdown made the standard joint petition untenable.

Challenge #2: Extreme Hardship as an LGBTQ Individual from His Home Country

The client faced the prospect of being forced to return to his home country if his conditional residence was not maintained. As an LGBTQ individual, returning to his home country would subject him to severe persecution, potential imprisonment, and even death under the country’s laws criminalizing homosexuality. This created both a legal and a deeply personal urgency to ensure the waiver was approved.

Challenge #3: Denial Due to Misapplication of Evidence at Interview

After we filed the I-751 waiver based on marriage dissolution and extreme hardship, the client attended his interview. The officer correctly applied the evidentiary standard—that evidence must fall within the period of conditional residence—but failed to properly consider the evidence we had submitted that did fall within that window. The officer focused only on the evidence that predated the client’s conditional residency and denied the waiver on that basis, overlooking qualifying evidence that was already part of the filing.

Our Solution

Filing the I-751 Waiver: When the client came to us, we filed an I-751 waiver on his behalf based on the dissolution of his marriage and the extreme hardship he would face if forced to return to his home country as an LGBTQ individual. We compiled comprehensive documentation supporting both the good faith of the original marriage and the extreme hardship claim, including country conditions evidence regarding the persecution of LGBTQ individuals.

Responding to the Denial: After the waiver was denied at interview due to the officer’s failure to consider the qualifying evidence within the conditional residency period, we refiled the I-751 waiver. We restructured the submission to clearly delineate which evidence fell within the conditional residency period, ensuring that there could be no confusion about the applicable timeframe. We removed evidence that predated the conditional residency period so the officer could focus exclusively on the qualifying documentation.

Adding the Divorce Decree: Just before we resubmitted the I-751 waiver, the client’s divorce was finalized. We were able to include the divorce decree in the refiled petition, further strengthening the case by providing definitive proof that the marriage had been dissolved.

Outcome

The refiled I-751 waiver is currently pending adjudication. We are awaiting a decision from USCIS.

Not sure which service applies to you?

That is one of the most common starting points. Most clients know their situation, not the exact visa category. We assess the facts first and recommend the strongest legal route from there.

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