CASE: I-824 based on approved I-140 (EB-3) and Consular Processing (Immigrant Visa)
CLIENT: Commercial Linen Producing Company Petitioner; Korean Beneficiary in South Korea
LOCATION: Petitioner: Virginia; Beneficiary: Seoul, South Korea
Our client is in South Korea who took voluntary departure in 2008 to South Korea as a result of his removal proceedings. However, before he left the United States, his prospective employer filed an I-140 petition for him in April 2008 and later this I-140 petition was approved.
Our client and his family members went back to South Korea and did not think that they could come back to the United States because of their voluntary departure. Nevertheless, his prospective employer contacted our office in June 2013 and asked our legal assistance for our client’s immigrant visa processing. It was a very difficult case, but with the approved I-140 petition, our client wanted to take his last try. His I-140 petition was still valid.
After we were retained, our office filed an I-824 application to the USCIS on June 23, 2013 to move his case from the USCIS to National Visa Center. After the I-824 was filed, everything went smoothly and the receipt notices came on time. The I-824 application was approved by the USCIS and this case was transferred to the National Visa Center.
After the I-824 approval, we filed the immigrant visa packets to the National Visa Center on July 25, 2014, who in turn forwarded the client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the U.S. Embassy in Seoul. On April 2, 2015, our client and his family members appeared at the U.S. Embassy in Seoul, South Korea. The interview went well; however, the consular officer wanted to see our client’s past immigration record including his previous I-485 denial.
Our client did not have his I-485 denial notice, so our office filed a Track I FOIA on April 8, 2015 to the USCIS. On May 12, 2015, the USCIS issued a copy of his I-485 denial notice and our office immediately emailed our client this document. Then, our client submitted his I-485 denial notice and his other past immigration records.
Eventually, on May 27, 2015, the U.S. Embassy in Seoul issued immigrant visas for our client and his family members. With the approved Immigrant visas, they can come to the United States as lawful permanent residents.