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

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Jamaican                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from Jamaica who came to the U.S. on a B-2 visitor’s visa in August 2010. Since then, she has remained in the United States after her authorized stay period expired.  In June 2015, our client married her current U.S. citizen husband.  She retained our office in November 2016 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 17, 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 July 21, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of the interview, her green card application was approved.

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Post image for Motion to Remand with BIA to Apply for Adjustment of Status and Termination of Removal Proceedings Approved for Moldovan Client in Cleveland Ohio

CASE: Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Moldovan
LOCATION: Cleveland, OH

Our client came to the United States on a valid J-1 visa from Romania in June 2007. He remained in the United States for a time longer than permitted. Later, he was placed in deportation proceedings due to his overstay and a Notice to Appear was issued. His asylum relief was denied by the Immigration Judge in April 2012, but an appeal was timely filed.  The BIA appeal was pending when our client contacted our office in March 2014.

While the BIA appeal was pending, our client married his U.S. citizen wife in February 2013. His wife filed an I-130 petition for our client on March 7, 2013.  He contacted our office for legal assistance for a Motion to Remand and possible adjustment of status if the Motion is granted.  We explained to him that the Motion to Remand procedure and he retained our office on April 8, 2014. On April 17, 2014, we prepared and filed a Motion to Remand for Adjustment of Status Based on a Pending I-130 on behalf our client. You typically want the I-130 to be approved prior to filing the Motion to Remand, but by submitting the actual I-130 application itself and its supporting documents attached to the Motion, you can show that it is approvable.

In Matter of Coelho, 20 I&N Dec. 464, 473 (BIA 1992), the BIA found that a motion to remand must conform to the same standards as a motion to reopen, where the respondent presents new evidence which would likely change the result of the case. In a Motion to Reopen before the BIA, the Applicant must show that the evidence is material, unavailable at time of original hearing, and could not have been discovered or presented at the original hearing. 8 C.F.R. § 1003.2(c)(1). In this case, the adjustment of status relief was not available for our client at his previous hearing since he was not married his U.S. Citizen wife.  

Our office filed a Motion to Remand for Adjustment of Status based on a pending I-130 to the BIA on April 17, 2014. We argued that our client will be eligible for adjustment of status once the I-130 is approved since he had a legal entry to the U.S., has no criminal records, and has no other grounds of inadmissibility. We also attached lots of bona fide marital evidence between our client and his U.S. citizen wife to demonstrate the I-130 petition is approvable.

While his motion was pending before the BIA, he and his wife appeared for the I-130 interview on May 5, 2014. Prior to the interview, we thoroughly prepared our client at our office.  On the day of our client’s I-130 interview, our attorney accompanied them at the Cleveland, OH USCIS. The interview went well, I-130 petition was approved for our client.

On June 6, 2014, the BIA granted our motion, reopened our client’s case, and the record was remanded for further proceedings.

His case was remanded and scheduled for master calendar hearing on July 12, 2017. With the approved I-130 petition, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents on July 3, 2017. The DHS counsel in Cleveland, OH agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on July 12, 2017 hearing.  Now, he can file his I-485 adjustment of status application to USCIS to obtain his green card.

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

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Romanian                                                                                                       

LOCATION: Cleveland, OH

Our client is from Romania who came to the U.S. on an H-2 visa as a seasonal worker in April 2014. In September 2015, 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 Adjustment of Status Application on February 11, 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 June 12, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. The interview well, and the I-130 petition was approved on the same day.

However, the USCIS Cleveland Field Office scheduled an additional interview for our client. On July 3, 2017, our client appeared at the USCIS Cleveland Field Office again for his second interview. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. During the interview, the officer asked our client regarding his H-2B work and why he left his job. Nevertheless, after the 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 Kenyan Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Kenyan                                                                                                        

LOCATION: Cleveland, OH

Our client is from Kenya who came to the U.S. on a F-1 student visa to pursue his undergraduate degree. In May 2016, our client married his current U.S. citizen wife.  He retained our office in November 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 19, 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 June 30, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on July 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 Filipina Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor’s visa in March 2016. Her J-1 program was not subject to the 212(e), two-year foreign residency requirement. In January 2017, our client married her current U.S. citizen husband.  She retained our office on February 15, 2017, for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 21, 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 June 26, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu, a partner for our office also accompanied our clients as well. 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 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 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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