Sonia Col & Associates overcame “reason to believe” bar to admission

Our client is the spouse of a US citizen who was convicted of drug trafficking crimes and sentenced to jail. At the adjustment of status interview, she was not represented by counsel, and consequently, complex issues raised by the examiner concerning the “reason to believe” bar to admission caused distress and much confusion, leading to the denial of her adjustment of status application. Our team took over the case and successfully argued that our client was not inadmissible under INA 212(a)(2)(C)(ii) because the statute requires that the adjustment applicant be the spouse of an “alien” trafficker and because USCIS failed to prove that she had received any benefits from the proceeds of the illicit sales within the previous 5 years. The client was granted adjustment of status at the conclusion of the proceeding.