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Post image for Marriage Based I-130 and I-485 Adjustment of Status Green Card Approval for Chinese Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from China who came to the U.S. on a B-2 visitor’s visa in March 2017. In July 2017, our client married her current U.S. citizen husband.  After their marriage, she retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 14, 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 as well. On November 29, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

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Post image for Green Card Approval after Termination of Removal Proceedings with an Approved I-130 Petition for Malian Client in Cleveland Ohio

CASE: I-485 Adjustment of Status after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Malian
LOCATION: Cleveland, OH

Our client is from Mali who came to the U.S. on an F-1 Student Visa in August 2010 to study. Our client currently resides in the greater Cleveland area with his current U.S. Citizen wife. They were married in January 2015, and retained our office on January 6, 2016 for representation of at the Cleveland Immigration Court. Our client’s wife filed an I-130 Petition for our client with their former immigration lawyer in February 2015.  While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on January 26, 2016 for his initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did the pleading and sought for adjustment of status relief upon the approval of the I-130 petition.

Our client’s I-130 interview was scheduled on June 21, 2016 at the Cleveland USCIS Filed Office.  Prior to the interview, our office thoroughly prepared our client and his wife for the interview at our office. Attorney Yu also accompanied them for their interview. The interview lasted two hours, but the I-130 petition was eventually approved on August 25, 2016.

Once the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on January 5, 2017.  

After his removal proceeding was terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on February 2, 2017. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients at our office. On November 28, 2017, our client was interviewed at the Cleveland, OH USCIS. Attorney Sung Hee (Glen) Yu accompanied our clients as well.  After the interview, his I-485 application was approved.  Now, our client became a green card holder.

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Post image for Green Card Approval after Termination of Removal Proceedings with an Approved I-130 Petition for Cameroonian Client in Atlanta Georgia

CASE: I-485 Adjustment of Status after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Cameroonian
LOCATION: Atlanta, GA (USCIS) / Memphis, TN (EOIR)

Our Cameroonian client came to the United States in December 1999 on a F-1 student visa. In July 2001, he filed an asylum application to the USCIS, was interviewed by the USCIS, and later his case was referred to the Immigration Court.  Thereafter, a Notice to Appear was issued and our client was placed in removal proceedings. After he got the Notice to Appear, he appeared at his initial master calendar hearing at the Memphis Immigration Court with his previous attorney.

His removal proceedings were continued, but he could not appear at his individual hearing in April 2003 due to the hospitalization.  Thus, the Court found him removable and ordered him removed in absentia.  Later, in April 2011, he filed Motion to Reopen with assistance of his previous immigration counsel.  However, this Motion to Reopen was denied by the Court in July 2011.  Thereafter, he contacted our office to determine whether he can file a Motion to Reopen again.  After the consultation, we explained him that the only way the Court can reopen his case is based on changed country conditions in Cameroon.  It is because our client’s second Motion to Reopen can be considered untimely filed and numerically barred.  After the explanation, our client decided to retain our office and retained us on November 22, 2011 for Motion to Reopen based on changed country conditions.

Under immigration law, if an applicant seeks to make an asylum claim and a final order of removal has been entered and the ninety-day filing deadline for motions to reopen has passed, the BIA and the majority of Circuit Courts have found that the applicant may only file the asylum application through a motion to reopen and only under the “changed country conditions” provision of 8 C.F.R. § 1003.23(b)(4)(i).  Thus, our office prepared the Motion to Reopen based on the changed country conditions in Cameroon.

On March 6, 2012, our office filed the Motion to Reopen with the Memphis Immigration Court. With 15-pages brief, we included a detailed affidavit regarding his involvement in political activist group in Cameroon, several affidavits from his fellow members who confirmed his involvement with the organization.  We claimed that the number of arrests and detentions of his political group members has recently escalated since his original removal hearing in 2003 resulting in changed country conditions.  We also attached a letter from a human rights officer in which he states that he knew our client’s political involvement in Cameroon. Moreover, other supporting documents such as newspaper articles and country report of Cameroon were submitted (24 exhibits).  On March 29, 2012, the DHS filed a Response in Opposition to our Motion.  Nevertheless, on May 2, 2012, the Memphis Immigration Court granted our motion and reopened our client’s case.  

Once his case is reopened, he retained our office again. Our attorney Sung Hee (Glen) Yu appeared at his master calendar hearing via telephonic appearance and his individual hearing was scheduled on September 29, 2014 at the Memphis Immigration Court.

Our client was persecuted and harmed in Cameroon based on his political opinion and movement.  Our client was scared to go back home to Cameroon, fearing that he will be persecuted based on his political opinion. Moreover, our client’s late father and his uncle were mistreated and harmed in Cameroon due to their political opinion as well.

We helped him file his asylum application and represented him in immigration court hearings. We also asked him to provide supporting documents corroborating his claim, some of which were a letter from his family, colleagues and friends in Cameroon. Our firm also did some research on articles related to his claim, and the type of persecution he will experience in Cameroon if sent back.

Our client’s individual hearing was scheduled on September 29, 2014 at the Memphis Immigration Court. Attorney Sung Hee Yu from our firm prepared him extensively. He also represented our client at his Individual Hearing at the Memphis Immigration Court.

Prior to the hearing, Immigration Judge held a pre-trial conference with Attorney Yu and the DHS counsel. During the pre-trial conference, and all of the possible issues were examined. At the conclusion of the conference, withholding of removal was granted. After the hearing, the Immigration Judge granted Withholding of Removal for our client based on his persecution in Cameroon.

In December 2014, our client married his current U.S. citizen wife. He retained our office again for the I-130 petition. Once we were retained, our office prepared and filed the I-130 petition for our client and filed it to USCIS on August 14, 2015.

Our client’s I-130 interview was scheduled on October 3, 2016 at Atlanta USCIS Field Office.  Prior to the interview, our office thoroughly prepared our client and his wife for the interview via conference calls. Attorney Yu also accompanied them for their interview. The interview went well, and the I-130 petition was eventually approved on October 11, 2016.

Once the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Memphis, TN agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on February 24, 2017.  

After his removal proceeding was terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on April 24, 2017. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients via conference call. On November 17, 2017, our client was interviewed at the Atlanta, GA USCIS. Attorney Sung Hee (Glen) Yu accompanied our clients as well.  After the interview, his I-485 application was approved.  Now, our client became a green card holder.

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Post image for Immigrant Visa Approval Based on Marriage, I-130 Petitioner in Virginia, Beneficiary from Jordan

CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition

Our client is a Lawful Permanent Resident (Green card holder) who married his wife in Jordan in 2014.  After the marriage, he came back to the United States to work and wanted to file an I-130 (F-2A category) petition for his wife in Jordan.  He retained our office in October 2015 and our office prepared and filed the I-130 petition on October 30, 2015. This I-130 Petition was approved by the USCIS in February 2016 (the priority date of this petition was October 30, 2015). Once the I-130 petition was approved, he retained us again to bring his wife to the States via consular processing.

Once retained and her priority date became current, we filed the immigrant visa packets to the National Visa Center on November 14, 2016, who in turn forwarded our client’s materials to the U.S. Embassy in Amman, Jordan. An interview notice was set for the client at the US Embassy in Amman, and we prepared her for the interview. On November 2, 2017, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Amman, Jordan approved and issued her immigrant visa on November 13, 2017.

With the approved immigrant visa, our client’s wife can come to the United States immediately, and she will get her green card within two months of entry.

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Post image for Marriage Based Green Card Approved for Kenyan Client in Maryland

CASE: Adjustment of Status / J-1 Hardship Waiver

NATIONALITY:  Kenyan

LOCATION: Maryland

Our client came from Kenya in February 1993 on a valid J-1 visa.  He got his J-1 status as a research scholar and received government funding for his research.  His J-1 status made him subject to the two-year foreign residency requirement. Once his J-1 program was completed, he remained in the United States. Later, he married his current U.S. citizen wife and became a father of two U.S. citizen children. Our client would like to file his adjustment of status application along with his wife’s I-130 petition; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under No Objection Statement or Interest Government Agency (IGA). As mentioned above, our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen wife is experiencing exceptional medical hardships.

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.”

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978).

After he retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On December 17, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen wife’s medical conditions.  On December 18, 2015, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s wife would experience exceptional hardship if our client needs to go back to Kenya for two years.

However, on May 11, 2016, the USCIS issued a Request for Evidence (RFE) for our client’s I-612 case. The USCIS asked our client to submit more evidence to demonstrate the extreme hardship to his U.S. citizen wife if he has to go back to Kenya for 2 years.  On August 2, 2016, our office filed the Response to RFE to USCIS along with additional documents to support the claim of financial and medical hardship including income and expenses, plus more recent medical documents of his U.S. citizen wife evidencing the hardship. Eventually, the USCIS approved his I-612 waiver on October 26, 2016.

Once his J-1 waiver was approved, our client retained our office again for his green card application. Our firm prepared and filed I-130 petition and I-485 adjustment of status application on December 6, 2016. 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 through the conference calls. On July 25, 2017, our client was interviewed at the Baltimore, MD USCIS office.

However, on August 4, 2017, the USCIS issued the Request for Evidence for our client after the interview. The USCIS requested our client to submit the certified court disposition of his previous criminal record. Our client submitted the record to the USCIS on October 19, 2017.

Eventually, on November 2, 2017, his green card application was approved.  

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Post image for Immigrant Visa Approved Based on I-130 Parent Petition for Chinese Clients in Cleveland Ohio and China

CASE: Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Daughter; Chinese Beneficiary Mother in China

LOCATION: Petitioner: Cleveland, OH; Beneficiary: China

IV APPROVED: October 30, 2017

Our client retained us to bring her mother over from China. She was born and raised in China, but was naturalized in the United States. She retained our office in December 2014, and our office prepared and filed the I-130 petition for her mother on December 5, 2014. This I-130 Petition was approved by the USCIS on April 7, 2015. Once the I-130 petition was approved, we then started the immigrant visa processing phase of trying to get her mother over to the United States.

On May 11, 2016, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate General in Guangzhou, China. An interview notice was set for our client’s mother at the U.S. Consulate General in Guangzhou, China, and we prepared her for her interview.  She did her interview in July 2016, but her case was remained pending until October 2017. On October 30, 2017, she did appear at her second immigrant visa interview.  Eventually, on October 30, 2017, the U.S. Consulate General in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two months of entry.

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Post image for Termination of Removal Proceedings for Algerian Client in North Carolina

CASE: Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Algerian
LOCATION: North Carolina

Our client is from Algeria who came to the U.S. on a F-1 Student Visa in 2010. After he graduated, he overstayed his status. Because of his overstay, he was placed in removal proceedings in Charlotte, NC. His case was administratively closed in August 2014.  

Our client married her U.S. citizen wife in August 2016 in North Carolina. In December 2016, he contacted our office to seek legal assistance for his I-130 petition, representation of his removal proceedings, termination of removal proceedings, and his adjustment of status application with the USCIS.

After we were retained, our office prepared and filed the I-130 petition for our client and filed it to the USCIS on February 27, 2017. This I-130 petition was approved by the USCIS on July 31, 2017 without an interview. Then, 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 Charlotte, NC agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on September 21, 2017. Now, he can file his I-485 adjustment of status application to the USCIS to obtain his green card.

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Post image for I-130 and I-485 Marriage Based Petition and Adjustment of Status Approval for Filipina Client in Montana

CASE: I-130 / I-485 Adjustment of Status

NATIONALITY:  Filipina

LOCATION: Montana

Our client came from the Philippines on a J-1 in September 2014 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement.

In August 2016, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On December 7, 2016, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On March 23, 2017, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On June 22, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on July 6, 2017, the USCIS issued an I-612 approval notice for the waiver.

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on July 28, 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 through conference calls. On November 2, 2017, our client was interviewed at the Helena, Montana USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

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CASE: I-130 / I-485 Adjustment of Status

NATIONALITY:  Filipina

LOCATION: Seattle, WA

Our client came from the Philippines on a J-1 visa in 2008.  She got her J-1 as a recipient of a Fulbright Scholarship in the United States and her J-1 status made her subject to the two-year foreign residency requirement. Later, she changed her status from J-1 to F-1 and maintained her non-immigrant visa status.

In 2012, she married her U.S. citizen husband. She would like to file her adjustment of status application along with her husband’s I-130 petition, however, due to her two-year foreign residency requirement, she had to get a waiver or fulfill the requirement before she files an adjustment of status application.  

Unlike our other J-1 clients, our client could not pursue her waiver under No Objection Statement or Interest Government Agency (IGA). Our client also received government funding (Fulbright Scholarship) for her research programs which made her case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue her J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen husband is experiencing exceptional medical hardships.

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.”

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978).

After she retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On September 10, 2015 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen husband’s medical conditions.  On September 24, 2015, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s husband would experience exceptional hardship if our client needs to go back to the Philippines for two years.

Eventually, the USCIS approved her I-612 waiver on December 15, 2016.

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on January 4, 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 through conference calls. On October 26, 2017, our client was interviewed at the Seattle, Washington USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Ghanaian Client in Columbus Ohio

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Ghanaian                                                                                                   

LOCATION: Columbus, OH

Our client is from Ghana who worked in the United States under an H-1B status. In August 2016, our client married his current U.S. citizen wife.  He retained our office in September 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 3, 2016. 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 via conference call. On January 23, 2017, our client was interviewed at the Columbus Ohio USCIS office.

The USCIS issued a Request for Evidence (RFE) on August 24, 2017 for our client. The RFE letter requested our client to submit more “bona fide” marital documents between him and his U.S. citizen wife. On October 3, 2017, our office filed a Response to RFE to the USCIS with a joint lease, joint bank accounts, joint insurance, joint tax documents, and multiple affidavits from their family and friends regarding the bona fideness of their relationship.  Eventually, on October 14, 2017, his green card application was approved.

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