CASE: I-485 Adjustment of Status / Termination of Proceedings
CLIENT: Chinese (Hong Kong)
LOCATION: Cleveland, OH
Our client came to the United States on a valid B-2 visa from Hong Kong in 2002. Later, she changed her status to F-1 and remained in the United States. She filed an I-485 application as a derivative applicant of her ex-husband in 2007. However, while the application was pending, our client and her ex-husband were separated. Unfortunately, in 2008, her I-485 adjustment of status application was denied. She never received the denial notice from the USCIS since she moved to different city in Ohio before her case was denied. Thus, our client never received the Notice to Appear and was not apprised of the fact that she was placed in removal proceedings. Accordingly, the Detroit Immigration Court issued an in absentia order of removal for our client in August 2010.
In January 2012, our client was picked up by the ICE officers. She was surprised to find out that she is being held because she had a final order of removal and missed her hearing in August 2010. She explained her situation, so she was not detained, and was placed on an order of supervision. After this event, our client contacted our firm and eventually retained us in March 2012. Once we were retained, we asked our client to check with her ex-husband or his relatives whether they received the Notice to Appear for her. We told her that we have to reopen her case first before she can even apply for relief at the Immigration Court.
To rescind the final order, she has to get her case reopened. This is done through a Motion to Reopen filed with the Immigration Judge who gave the final order. Based on this Motion to Reopen, the Immigration Judge can rescind the in absentia order of removal if you are able to show that you did not receive notice of the hearing.
On July 31, 2012, our office filed the Motion to Reopen with the Detroit Immigration Court. Documentation of her address at the date of the final order, a detailed affidavit regarding her addresses and his circumstances around the final order date, documentation of the last address she provided to the immigration service prior to the final order date, and other supporting documents were submitted (20 exhibits). On August 16, 2012, the Detroit Immigration Court granted our motion and reopened our client’s case.
Our client married her Lawful Permanent Resident (LPR) husband in August 2012 in Cleveland, OH. Her husband filed I-130 petition on behalf of her after they got married. Eventually, our client’s I-130 petition was approved in December 2013. Our office represented our client since 2012 for her removal proceeding representations and I-130 filing. Her individual hearing was scheduled at the Cleveland Immigration Court as well.
In April 2016, our office filed a written request to administratively close our client’s removal proceedings to the DHS Cleveland Office. In a written brief, our office fully explained that our client’s case is not DHS’s priority for the deportation and explained that our client has I-130 approval, no criminal records, has paid taxes, and has family ties in the United States. Along with the written brief, our office attached I-485 application and its supporting documents as well.
After the review, the DHS counsel in Cleveland was willing to join in administrative closure of our client’s removal proceedings. In May 2016, the Immigration Judge administrative closed our client’s case.
In August 2017, her husband filed a naturalization application and became a U.S. citizen. Our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on October 24, 2017.
After her proceeding was terminated, our client retained our office again for her I-485 adjustment of status application. Our firm prepared and filed the I-485 Adjustment of Status Application on December 6, 2017. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients at our office. On June 28, 2018, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu also accompanied our clients. The interview went well, and on July 5, 2018, her green card application was approved.