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Post image for Immigrant Visa Approval Based on Marriage-Based I-130 for Petitioner in Ohio and Irish Beneficiary in Dublin Ireland

CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition
CLIENT: US Citizen Petitioner; Irish Beneficiary in Dublin Ireland
LOCATION: Petitioner: Ohio; Beneficiary: Dublin, Ireland

Our client is a U.S. citizen.  He married his wife in the United States in August 2015.  After the marriage, his wife went back to Ireland. Our client contacted our office in November 2015 and retained us to bring his wife to the States.

Our office prepared and filed the I-130 to the National Visa Center on December 9, 2015. The I-130 Petition was approved by the USCIS on October 11, 2016. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on November 30, 2016, who in turn forwarded our client’s materials to the U.S. Embassy in Dublin, Ireland. An interview notice was set for the client at the US Embassy in Dublin, Ireland and we prepared her for her interview. On April 3, 2017, our client appeared at her immigrant visa interview at the U.S. Embassy in Dublin. After the interview, the U.S. Embassy in Dublin, Ireland approved and issued her immigrant visa.

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 Immigrant Visa Approval Based on Marriage-Based I-130 for Petitioner in Ohio and Pakistani Beneficiary in Islamabad Pakistan

CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition
CLIENT: US Citizen Petitioner; Pakistani Beneficiary in Pakistan
LOCATION: Petitioner: Ohio; Beneficiary: Islamabad Pakistan

Our client is a U.S. citizen.  She married her husband in Pakistan in March 2016.  After the marriage, she came back to the United States and contacted our office in April 2016 and retained us to bring her husband to the States.

Our office prepared and filed the I-130 to the National Visa Center on April 15, 2016. The I-130 Petition was approved by the USCIS on July 25, 2016. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on September 30, 2016, who in turn forwarded our client’s materials to the U.S. Embassy in Islamabad, Pakistan. An interview notice was set for the client at the US Embassy in Islamabad, Pakistan and we prepared him for his interview. On January 11, 2017, our client appeared at his immigrant visa interview at the U.S. Embassy in Islamabad. On March 22, 2017, the U.S. Embassy in Islamabad, Pakistan approved and issued his immigrant visa.

With the approved Immigrant visa, our client’s husband can come to the United States immediately, and he will get his green card within two months of entry.

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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Filipina Client in Houston Texas

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Houston, TX

Our client is from the Philippines who came to the U.S. on an H-1B Visa in February 2012.  In September 2015, our client married her current U.S. citizen husband.  She retained our office on September 20, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 5, 2015.  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 as well. On November 22, 2016, our client was interviewed at Houston Texas USCIS office. The interview went well, but the USCIS officer requested our client to submit the updated medical record. Our client submitted her updated medical record immediately. Eventually, on March 29, 2017, our client’s green card application was approved.

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Post image for Adjustment of Status Green Card Approval Based on K-1 Fiancé Visa for Italian Client in Cleveland, Ohio

CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Italian

LOCATION: Cleveland, OH

Our client came to the United States in July 2016 as a K-1 visa entrant from Italy.  Our client is the beneficiary of an approved I-129F petition. He came to the United States as a K-1 Fiancé of a U.S. Citizen whom he married within 90 days of his entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.

Our client contacted our office initially in August 2016 and consulted with us for his adjustment of status application. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on August 19, 2016.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client. On March 20, 2017, his green card application was finally approved.

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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Filipino Client in Houston Texas

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino                                                                                                        

LOCATION: Houston, TX

Our client is from the Philippines who came to the U.S. on an H-4 visa in July 2004. Later, he changed his status from H-4 to F-1 and he studied in the United States.  In February 2015, our client married his current U.S. citizen wife.  He retained our office in March 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 20, 2015.  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 via conference calls. On November 24, 2015, our client was interviewed at Houston Texas USCIS office.  In September 2016, the USCIS issued Request for Evidence and requested our client to do updated medical / vaccination check-up with the USCIS approved civil surgeon. Our client did it and submitted the sealed result to the USCIS Houston Field Office in November 2016. Eventually, on March 20, 2017, his green card application was approved.

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Post image for 601A Provisional Hardship Waiver Approval for Mexican Client in Ohio

CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Mexican

LOCATION: Ohio

Our client came to the United States from Mexico in 2009 without inspection and admission. He married his U.S. citizen wife in November 2011. With our firm’s legal assistance, his U.S. Citizen wife filed an I-130 petition for him in April 2016. This I-130 petition was approved on August 11, 2016.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility (entry without inspection and admission). 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 of 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’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  His wife has ongoing medical hardships and 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 to get the same level of therapy and satisfactory access to medical services in Mexico in case she joins 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 Mexico, and that his U.S. citizen child and his wife will face extreme emotional difficulties if he is removed.

On October 17, 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 March 14, 2017. Now, he can file packet 3 and 4 here in the United States, and would go to Mexico shortly to get his immigrant visa.

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Post image for Immigrant Visa Approval for Parent of US Citizen, I-130 Petitioner in Rhode Island, Beneficiary from Seoul South Korea

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

Our client is a U.S. Citizen who wanted to petition his mother for her immigrant visa. He retained our office for the I-130 and immigrant visa processing for his mother in January 2016. With our assistance, the I-130 (immediate relative) petition was filed for his mother in South Korea on February 18, 2016. This I-130 Petition was approved by the USCIS in May 2016.

Once the I-130 was approved, we filed the immigrant visa packets to the National Visa Center on November 8, 2016, who in turn forwarded our client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the US Embassy in Seoul, and we prepared her for the interview. On March 6, 2017, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Seoul, South Korea approved and issued her immigrant visa on March 20, 2017.

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 Fiancé Visa Approved for Ohio Petitioner and Filipina Beneficiary

CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland Ohio

BENEFICIARY: Filipina

PETITION FILED: December 9, 2015

PETITION APPROVED: January 25, 2016

K-1 VISA APPROVED: March 6, 2017

Our client, a US Citizen Petitioner, met his Filipina fiancé in the Philippines in 2012. They started their relationship, and he visited the Philippines. His fiancé became pregnant and their son was born in May 2013 in the Philippines.  He proposed to her in the Philippines. After his proposal, he retained our firm to file a fiancé petition for her and immigrant visa petition for his son.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on November 24, 2015. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the I-129F petition on December 9, 2015.

On January 25, 2016, after a month of the filing, the I-129F fiancée petition was approved. Our office also prepared and filed I-130 immigrant visa petition on December 23, 2015 and this I-130 petition was approved by the USCIS on June 7, 2016.

On November 17, 2016, our client’s son appeared at the U.S. Embassy in Manila, Philippines for his immigrant visa interview. After the interview, our son’s immigrant visa was issued. Later, our client’s fiancée appeared at the U.S. Embassy in Manila, Philippines for her K-1 visa interview. The interview went well, and on March 6, 2017, the U.S. Embassy issued her K-1 visa.

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Post image for I-751 Removal of Conditions Approval for Jamaican Client in Texas

CASE: I-751

APPLICANT: Jamaican

LOCATION: Texas

Our client contacted our office in November of 2015 regarding his I-751 application.

He is from Jamaica and he married a U.S. citizen in August 2012. Through his marriage, he obtained a 2-year conditional green card in February of 2014. Our office helped him get his 2-year green card.  His conditional residency terminated in February 2016.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on November 2015 and our office prepared an I-751 application for our client with other supplemental exhibits.

On November 20, 2015, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, a copy of birth certificate of their child, joint bank statements, utility bills, joint leasing documents, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued the Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with his wife. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on February 8, 2017. Eventually, on February 25, 2017, the USCIS approved our client’s I-751 application.

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Post image for 601A Provisional Hardship Waiver Approval for Filipino Client in California

CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Filipino

LOCATION: California

Our client came to the United States from the Philippines in 2002 on a D-1 visa (Crewman). He remained in the United States after his entry in 2002. He married his U.S. citizen wife in 2009. His U.S. Citizen wife filed an I-130 petition for him in November 2009. This I-130 petition was approved on April 13, 2010.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility (crewman entry and overstay). 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 of 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.

In 2013, our client filed his first I-601A application to USCIS. However, USCIS denied it because his case does not demonstrate that his U.S. citizen wife will not suffer “extreme hardship.” He contacted our office in June 2016 and retained our office on July 6, 2016 for the re-file of I-601A application.

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. 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 to get the same level of economic stability in the Philippines in case she joins 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 the Philippines, and that his U.S. citizen children and his wife will face extreme emotional difficulties if he is removed.

On October 13, 2016, we filed the I-601A waiver application which included the brief in support, and documents that demonstrated hardship to his wife if he is removed from the United States. Eventually, his I-601A waiver was approved on February 21, 2017. Now, he can file packet 3 and 4 here in the United States, and would go to the Philippines shortly to get his immigrant visa.

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