An immigrant from Jamaica, Radcliffe Davis entered the United States on a legal visitor visa in December of 2007. In 2008, he married Nadine Woodley and he adjusted his status to a conditional permanent resident.
However, this status was terminated in 2010 by United States Citizenship and Immigration Services (USCIS) when Davis was denied a request for a waiver of the requirement that he file a joint petition with Woodley to remove his conditional status.
Under US law, a person who is the spouse of a US citizen/permanent resident is granted conditional permanent resident status if the marriage took place less than two years before the immigrant spouse is admitted as a US permanent resident. Conditional resident status is given on the day the immigrant spouse is lawfully admitted to the United States on an immigrant visa, or receives adjustment of status.
USCIS believed that Davis’ marriage to Woodley – whom he has since divorced – was not in good faith, that he had married her only in order to circumvent US immigration laws which require permanent residents to hold a green card gained either by employment- or family-based sponsorship.
Davis said he had met Woodley in 2006 while she was on vacation, and the two had subsequently started up correspondence via email and letters, with visits by both parties to their home countries and the development of a romantic relationship. However, the courts found inconsistencies with Davis’ accounts, as he had trouble remembering exact dates of visits, and right after his marriage to Woodley in 2007 Davis returned home to Jamaica.
Given the denial of the waiver, the Department of Homeland Security (DHS) went ahead with removal proceedings by filing a Notice to Appear with the Immigration Court on March 20, 2012. Davis was charged with removability because of his termination as a conditional permanent resident, and he accepted the charges but requested termination of the proceedings, adjustment of status since he had been married, and also a review of the waiver application, but all requests were denied by the court.
Davis has since married another US citizen, and the Board of Immigration Appeals (BIA) has refused to remand any proceedings to the Immigration Judge. The First Circuit also denied another petition by Davis for review.
If you have any further questions about conditional permanent residence status, or you would like to know more about what is entailed with adjustment of status, obtaining a green card, or your rights after you’re married, then please contact Lyttle Law Firm. Inquiries can be made either via the website or by calling 215-512-5225.