13. Have you ever filed an immigration application before?
• Yes. I previously had two family-based adjustment applications that were denied.
“What happened to them/ Tell me why were they denied”
• “Regarding the marriage-base case, I understand that USCIS denied our underlying I-130 petition because they found inconsistencies in our testimony and decided that the evidence we provided was not sufficient enough to approve our marriage. My I-485 was subsequently denied.”
- “The second application was denied because I was no longer eligible for that category of unmarried child and under 21 years old of which it was applied for, because of my previous marriage.”
What inconsistencies that they found out?
- There were some mismatched details of our relationships and living arrangements. It was a long time ago, and I honestly don't remember all the exact details. I brought the USCIS decision with me and can provide it if you need it.
When did you get married?
January 1st 2015 (in Philadelphia, Pennsylvania)
When did you file the I-130 for that marriage?
2016 (January 2016)
When did the petition get denied?
2017 (May)
When did you file the divorce?
I don't remember the exact dates right now
When did you get divorced?
When did the marriage end?
- June, 2018
How long had you guys been together?
3 and 1/2 year
Why you guys decide to divorce?
We realize we were no longer compatible and had different mindsets when it comes to parenting and expectations about family life. We tried to work it through but decided to part away in the end.
Can you give me an example?
.....
“What testimony did USCIS find inconsistent?”
- I don’t remember the exact details at the top of my head right now, but I reviewed the denial decision before this interview and they mentioned about certain inconsistencies concerning how we met, our residences, and house arrangements. I brought the decision with me.
“Did you ever have an opportunity to respond to USCIS’s concerns?”
- USCIS issued us a Notice of Intent to Deny, and we responded by submitting additional documents and affidavits to them.
Did you marry specifically to obtain immigration benefits?
- No. I married because we were in a relationship and wanted to build a life together
21. Was there ever a finding of fraud or misrepresentation?
• The denial notice I received states that our applications got denied because USCIS determined that we had not met the burden of proof to approve our case. I am not aware of any finding of fraud in that decision I received.
SECOND CASE FILED IN 2021
SECOND CASE FILED IN 2021
“Tell me about the second.”
- My mom filed an application for me as unmarried child and less than 21 years old. Unfortunately, I was no longer eligible for that category anymore because of my previous marriage, so the I-485 got denied in 2021.
“Did you know your marriage affected your derivative-child eligibility?”
- At that time, I didn’t understand that my marriage would permanently affect my eligibility under that derivative category.
13. Who filed the family petition?
• My mom (Minh Diem Cao)
14. What was your relationship to the petitioner?
• My mom
15. What category were you in?
- Child derivative beneficiary
16. Were you married at the time?
- No
17. When did you become ineligible?
• 04/28/2021
18. Why were you no longer eligible?
• I became ineligible for that derivative-child category when I married. The 2021 denial notice explained that even after my divorce, it didn’t restore that eligibility under that specific category.
19. When was the petition/I-485 denied?
• 04/28/2021
20. Did you appeal or file a motion?
• No
21. What happened afterward?
• I continued my education and later got the sponsorship from Safeway who had helped me applied my current application.