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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Indian Client in South Carolina

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: South Carolina

Our client is from India who came to the U.S. on an F-1 student visa. In December 2016, our client married his current U.S. citizen wife.  He retained our office in February 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 27, 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 as well. On June 20, 2017, our client was interviewed at the Greer, South Carolina USCIS office. Eventually, on June 23, 2017, his green card application was approved.

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Post image for I-130 and I-485 Marriage Based Petition and Adjustment of Status Approval for Iranian Client in Atlanta Georgia

CASE: Marriage Based Adjustment of Status (I-130/I-485)

NATIONALITY: Iranian

LOCATION: Atlanta, Georgia

Our client was a citizen of Iran who came to the U.S. on a J-2 Visa in October 2006.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After our client came to the United States, he has remained in the United States beyond the expiration of his authorized stay period.  He turned 21 in 2011.  Later, our client married his current U.S. citizen wife in September 2015. He would like to get a waiver because he can get a green card based on his U.S. citizen wife’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in 2011.

Our firm was retained to do his J-2 waiver, and on May 26, 2016, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on June 20, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  

Once his J-2 waiver was approved, our client retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on August 23, 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 conference calls. On June 13, 2017, our client was interviewed at the Atlanta, Georgia USCIS office.  The interview went well, and eventually, on June 21, 2017, his green card application was approved.

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Post image for I-751 Removal of Conditions Approval for Filipina Client in North Carolina

CASE: I-751

APPLICANT: Filipina

LOCATION: North Carolina

Our client contacted our office in June of 2016 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in December 2013. Through her marriage, she obtained a 2-year conditional green card in June of 2014. Our office helped her in the green card process.  Her conditional residency terminated in June 2016.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on June 7, 2016, and our office prepared an I-751 application for our client with other supplemental exhibits.

On June 17, 2016, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint leasing documents, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. Eventually, on June 2, 2017, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE).

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Post image for Green Card Approval Through Marriage After Two Interviews for Ghanaian Client in Atlanta Georgia

Case: I-130/I-485

Client: Ghanaian

Location: Atlanta, GA

Our client entered the United States in November 2008 from Ghana on an A-2 visa (A-2 diplomatic visa is a nonimmigrant visa which allows foreign accredited officials, not in the diplomatic category, to enter into the U.S. to engage in official activities of their government).  Later, he married his U.S. citizen wife in December 2014. He retained our office on April 6, 2015 for his adjustment of status application.

Our office prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 16, 2015. We also filed I-508 and I-566 applications with his adjustment application.   Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, our office thoroughly prepared our client via conference calls for their USCIS adjustment of status interview.

On July 30, 2015, our client and his wife appeared at the Atlanta, GA USCIS office for his adjustment interview. The interview was extensive, and a year later, the USCIS of scheduled another interview for them. The officer was suspicious regarding the bona fideness of our client’s marriage.

On August 9, 2016, our client and his wife appeared at the Atlanta, GA USCIS office his second interview. The interview went well, but the USCIS issued a Request for Evidence (RFE) for our client’s updated vaccination record. Our client promptly filed the Response to RFE.

Finally, on June 1, 2017, the USCIS approved our client’s case. Both the I-130 Petition and I-485 Green Card Application were approved. Our client is now a green card holder.

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Post image for I-130 and I-485 Marriage Based Petition and Adjustment of Status Approval for Korean Client in Durham North Carolina

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

NATIONALITY: Korean

LOCATION: Durham, North Carolina

Our client was a citizen of South Korea who came to the U.S. on a J-2 Visa in 2007.  He came with his mother who came on a J-1 Visa for her research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After our client came to the United States, he completed his high school and was admitted to the University to pursue his bachelor’s degree. He changed his status from J-2 to F-1.

He turned 21 in 2011. He would like to get a waiver because his prospective employer will file an I-129 petition for our client’s H-1B visa. However, because of her two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in March 2011.

Our firm was retained to do his J-2 waiver, and on July 12, 2016, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on August 1, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On January 25, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.

While we were pursing his J-2 waiver case, our client married to his U.S. citizen wife. Once his J-2 waiver was approved, our client retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 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 as well. On May 25, 2017, our client was interviewed at the Durham, North Carolina USCIS office.  The interview went well, and eventually, on the same day of the interview, his green card application was approved.

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Post image for Immigrant Visa Approval After 601A Provisional Hardship Waiver Approval for Guyanese Client in Albany New York

CASE:   Immigrant Visa Approval / I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Guyanese

LOCATION: Albany, NY / Georgetown, Guyana

Our client came to the United States from Guyana in 2005 on a C1/D crew visa. He married his U.S. citizen wife in 2007.  Thereafter, his U.S. Citizen wife filed an I-130 petition for him in 2008. This I-130 petition was approved on November 23, 2009.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility (entry without inspection and admission as a crewman). He needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

In 2013, the USCIS announced a new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client filed I-601A application before with a different immigration counsel, but it was denied in October 2014. Nevertheless, he had since gathered more evidence, financial and medical, to have a stronger re-file case.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of hardship. Moreover, their U.S. citizen children suffer from great degree of medical hardships. Although their U.S. citizen children are not considered as “qualifying relatives” for the I-601A, we argued that children’s medical hardship is also hardship to our client’s U.S. citizen wife, by virtue of having to take care of them (children with medical / special needs) is an extreme hardship to her. In the I-601A brief and supporting documents, our office included extensive medical reports of his children.  We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  She would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their child. Also, it would be extremely difficult for her and their kids to get the same level of therapy and satisfactory access to medical services in Guyana in case they join our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Guyana, and that his U.S. citizen child and his wife will face extreme emotional difficulties if he is removed.

On April 28, 2016, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States. Eventually, his I-601A waiver was approved on October 13, 2016.

Once his I-601A waiver was approved, he retained our office again for his immigrant visa processing. Our office prepared and filed his immigrant visa application on December 5, 2016. Later, the U.S. Embassy in Guyana informed our office that they scheduled an immigrant visa interview for our client. Our client went back to Guyana to appear at his interview on May 3, 2017. On May 3, 2017, our client appeared at his immigrant visa interview at the Embassy, and the Consulate officer approved his immigrant visa on the same day.

 

Now, our client can come back to the United States with an approved immigrant visa and he will get his green card in a mail within two months of his entry to the United States.  

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

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: Cleveland, OH

Our client is from India who came to the U.S. on an F-1 student visa. He completed his Bachelor’s program in Cleveland, Ohio.  In December 2016, our client married his current U.S. citizen wife.  He retained our office in January 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 8, 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 May 10, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney and Partner Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on May 18, 2017, his green card application was approved.

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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Malaysian Client in Boston Massachusetts

CASE: Marriage-Based Adjustment of Status
NATIONALITY: Malaysian
LOCATION: Boston, MA

Our client is from Malaysia who came to the U.S. on a L-1 visa. In October 2016, our client married his current U.S. citizen wife. He retained our office on November 8, 2016 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 22, 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 calls. On May 8, 2017, our client was interviewed at the Boston Massachusetts USCIS office. Eventually, on the same day of his interview, his green card application was approved.

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

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from Nigeria who came to the U.S. on a B-2 visitor’s visa in June 2015. Since then, he has remained in the United States after his authorized stay period expired.  In January 2016, our client married his current U.S. citizen wife.  He retained our office in October 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 20, 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 at our office as well. On April 17, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our clients as well. Eventually, on May 3, 2017, his green card application was approved.

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

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Peruvian                                                                                                        

LOCATION: Cleveland, OH
Our client is from Peru who came to the U.S. on a B-2 visitor’s visa in September 2016.  In December 2016, our client married his current U.S. citizen wife.  He retained our office in December 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 20 2016.  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 as well. On April 3, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on April 21, 2017, his green card application was approved.

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