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

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

APPLICANT / BENEFICIARY: Mexican

LOCATION: Ohio / Ciudad Juarez, Mexico (Visa Interview)

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. This I-130 petition was approved on August 11, 2016.

Our client could not file for adjustment of status application due to his ground of inadmissibility (entry without inspection and admission). He needed 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.

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 May 25, 2017. In September 2017, the U.S. Consulate in Ciudad Juarez, Mexico informed our office that they scheduled an immigrant visa interview for our client. Our client went back to Mexico to appear at his interview on October 2, 2017. On March 2, 2017, our client appeared at his immigrant visa interview at the Consulate, and the Consulate officer approved his immigrant visa on the same day.

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

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Post image for Immigrant Visa Approval Based on Approved I-130 F2A for Petitioner Parent in Cleveland Ohio and the Son in the Philippines

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

CLIENT: LPR Mother; Filipino Beneficiary Minor Son in the Philippines

LOCATION: Petitioner: Ohio; Beneficiary: Philippines

Our client retained us to bring her minor son over from the Philippines. She was born and raised in the Philippines, but lives in the United States as a LPR (Green Card holder).

On September 18, 2015, our firm filed the I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On February 1, 2016, the I-130 Petition was approved. However, we could not start the immigrant visa processing because their visa numbers were not available. In July 2016, once their visa numbers were available, we then started the immigrant visa processing phase of trying to get her son over to the United States.

On May 4, 2017, we filed the immigrant visa packet to the National Visa Center who in turn forwarded our clients’ materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for our client’s son at the U.S. Embassy in Manila, and we prepared them for his interview. On September 12, 2017, the U.S. Embassy in Manila, Philippines approved and issued his immigrant visa.

With the approved immigrant visa, our client’s son 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 Approved I-130 Immediate Relative Parent Petition for Indian Clients in South Carolina and India

CASE: Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Son; Indian Beneficiary Mother in India

LOCATION: South Carolina; Beneficiary: India

IV APPROVED: August 31, 2017

Our client retained us to bring his mother over from India. He was born and raised in India, but was naturalized in the United States. Once retained, our office prepared and filed the I-130 petition for his mother on February 25, 2016. This I-130 Petition was approved by the USCIS in July 2016. Once the I-130 petition was approved, we then started the immigrant visa processing phase of trying to get his mother over to the United States.

On February 10, 2017, 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 Mumbai, India. An interview notice was set for our client’s mother at the U.S. Consulate General in Mumbai, and we prepared her for her interview.  She did her interview on August 31, 2017. Eventually, after the interview, the U.S. Consulate General Mumbai, India 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 Immigrant Visa Approval After 601A Provisional Hardship Waiver for Chinese Client in Cleveland Ohio

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

APPLICANT / BENEFICIARY: Chinese

LOCATION: Cleveland, OH / Guangzhou, China (Visa Interview)

Our client came to the United States from China in March 2001 without inspection and admission. She made an illegal entry and was inadmissible. She applied for Asylum and Withholding of Removal, and she was granted Withholding of Removal. She married her U.S. citizen husband in 2006 and has U.S. citizen children together.

Through our office, she applied for a Motion to Reopen and the Cleveland Immigration Court granted our Motion and reopened our client’s case in 2015. Once reopened, with our office’s assistance, her removal proceedings were administratively closed in November 2015 to file a provisional waiver application. Her U.S. Citizen husband filed an I-130 petition for our client, and this I-130 petition was approved in 2009.

However, our client cannot file her adjustment of status application due to her ground of inadmissibility. She needed 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

The USCIS announced of new policy called 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 and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.

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. Thus, our client would like to apply so called I-601A provisional waiver.

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 husband suffers from great degree of psychological hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of her husband.  We argued that if she was removed from the United States, extreme hardship to her husband is clearly foreseeable and evident.  Her husband has ongoing psychological hardship and he would not be able to take care of his own needs and the bulk of their family chores, most importantly taking care of their infant children. Also, it would be extremely difficult for him to get the same level of therapy and satisfactory access to medical services in China in case he joins our client there. 

In our brief, we also argued that our client and her husband have maintained strong family ties in the United States, that her husband will have difficulty in finding the same level of employment in China, that our client has a good employment in the United States, and that her U.S. citizen children and her husband will face extreme financial and emotional difficulties if she is removed.

On May 20, 2016, our client submitted our I-601A waiver application which included the brief in support, her husband’s extensive psychological examination records, and other documents that demonstrated hardship to her husband if she is removed from the United States. Eventually, her I-601A waiver was approved on November 16, 2016.

Once her I-601A waiver was approved, she retained our office again for her immigrant visa processing. Our office prepared and filed her immigrant visa application on May 17, 2017. Thereafter, the U.S. Consulate General in Guangzhou, China informed our office that they scheduled an immigrant visa interview for our client. Our client went back to China to appear at her interview on July 10, 2017. On July 10, 2017, our client appeared at her immigrant visa interview at the Consulate, and the Consulate officer approved her immigrant visa on the same day.

 

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

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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 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 Immigrant Visa Approval After 601 Hardship Waiver Approval for Chinese Client in China

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

APPLICANT / BENEFICIARY: Chinese

LOCATION: Guangzhou, China (Visa Interview)

Our client came to the United States from China without inspection and admission. Removal proceedings were initiated against him as an alien present in the United States without having been admitted or paroled. He was deported back to China in 2001. He has a naturalized citizen son and LPR wife.

Our client’s U.S. Citizen son filed an I-130 petition for him and this I-130 petition was approved on March 24, 2014. However, our client cannot file for an immigrant visa without a waiver of inadmissibility to become a green card holder.

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-601 application had a good chance since our client’s LPR wife suffers from a great degree of medical and psychological hardship. In the I-601 brief and supporting documents, our office included extensive medical reports of his wife.  We argued that it would be extremely difficult for our client’s wife to get the same level of therapy and satisfactory access to medical services in China in case she joins our client there.

In our brief, we also argued that his wife will have difficulty in finding the same level of employment in China, and that his wife will face extreme financial and emotional difficulties if she joins him in China.

On February 1, 2016, we file the I-601 waiver application which included the brief in support, his wife’s extensive medical and psychological examination records, and other documents that demonstrated hardship to his wife if she joins our client in China. Eventually, his I-601 waiver was approved on October 18, 2016. Then, we filed our client’s immigrant visa package to National Visa Center on October 25, 2016 with an approved I-601 waiver. The U.S. Consulate in Guangzhou, China informed our office that they scheduled an immigrant visa interview for our client. On February 8, 2017, our client appeared at his immigrant visa interview at the U.S. Consulate in Guangzhou, 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 Immigrant Visa Based on Approved I-130 for Petitioner in Chicago Illinois and Beneficiary in Manila Philippines

CASE: I-130 and Consular Processing
CLIENT: LPR Petitioner; Filipina Beneficiary
LOCATION: Petitioner: Chicago, IL; Beneficiary: Manila, Philippines

Our client is a green card holder from the Philippines. She has a daughter who lived in the Philippines. After our client got her green card in 2014, she decided to petition her daughter in the Philippines for an immigrant visa. She contacted our office again in September 2014 and retained our office to help bring her daughter to the States.  It is important to note that an alien cannot adjust his or her status (get a green card) outside the U.S. by filing an I-130 and I-485 simultaneously. Since the client’s daughter was not in the United States, our office promptly filed the I-130 petition to the USCIS first on October 2, 2014.

After the I-130 was filed, everything went smoothly and the receipt notices came on time. The I-130 Petition was approved by the USCIS on March 2, 2015. After the I-130 approval and when the I-130 priority date became current, we filed the immigrant visa packets to the National Visa Center on January 27, 2016, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client’s daughter. On July 20, 2016, the beneficiary went to her interview in Manila. On the same day, the U.S. Embassy in the Philippines approved and issued her immigrant visa.

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Post image for Immigrant Visa Approval Based on Marriage-Based I-130 for Petitioner in Ohio and Chinese Beneficiary in Hunan, China

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

Our client is a U.S. citizen.  He married his wife in China in November 2015.  After the marriage, he came back to the United States and contacted our office in early January 2016 and retained us to bring his wife to the States.

Our office prepared and filed the I-130 to the National Visa Center on January 22, 2016. After the I-130 was filed, everything went smoothly, there were no requests for evidence, and the receipt notices came on time. The I-130 Petition was approved by the USCIS on April 8, 2016. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on June 1, 2016, who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for the client at the US Consulate in Guangzhou, and we prepared her for her interview. On August 3, 2016, the U.S. Consulate in Guangzhou, China 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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