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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 November 2016. Her J-1 program did not subject her to the 2-year foreign residency requirement (INA Section 212(e)).  In October 2017, our client married her current U.S. citizen husband.  Once she married, 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 November 20, 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 February 1, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

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Post image for I-130 Approved After Successful BIA Appeal Remand and Stokes Interview and for Sierra Leonean Client in Cleveland Ohio

CASE: I-130 / BIA Remand / Stokes Interview

CLIENT: Sierra Leone

LOCATION: Cleveland OH

Our client came from Sierra Leone in January 2011 as a visitor. She married her U.S. Citizen husband in September 2013. Her authorized stay period was expired at the time of her marriage. Due to her overstay, our client was placed in removal proceedings in December 2013.  She retained our office in January 2014 for legal assistance for her removal proceedings and I-130 filing.

Unfortunately, on November 5, 2015, the USCIS Cleveland office denied our client’s I-130 petition, after an almost three-hour Stokes interview. Before and at the interview, extensive evidence of bona fide marriage covering 2 years of marriage was submitted. The couple was able to answer a majority of the questions in the two and half hour interview, and the grounds and discrepancies relied upon by the USCIS in denying the I-130 compared to the majority and relevance of the correctly answered questioned together with the extensive evidence is relatively minor.

In response to this denial decision, our client timely filed a Notice of Appeal to the Board of Immigration Appeals from a decision of a USCIS officer on December 5, 2015 through the assistance of our office.  The BIA appeal was pending for a long time. Eventually, on July 8, 2016, the BIA found that a remand is warranted for our client’s case.  As a result, on September 26, 2017, our client and her U.S. Citizen husband appeared at the USCIS Cleveland Field Office for the I-130 follow-up interview after this case was remanded to the USCIS.

Even after the second interview, the I-130 was pending without any issuance of RFE or Notice of Intent to Deny. In the meanwhile, our client filed Motion for Continuance for her Master Calendar hearing appearance based on pending I-130 petition. The Cleveland Immigration Court kept granting our Motions. Nevertheless, the I-130 petition was still pending.

The USCIS Cleveland Field Office finally approved our client’s I-130 petition on January 23, 2018. Now, our client can file the adjustment of status application if the Immigration Court grants our Motion to Terminate without prejudice.

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Post image for Immigrant Visa Approved Based on Marriage, I-130 Petitioner in New Jersey, Beneficiaries from Manila Philippines

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

Our client is a Lawful Permanent Resident (Green card holder) from the Philippines. He got his green card through family petition; however, his wife and children did not get the green cards back then. In August 2015, he retained our office to bring his wife and two children to the States via consular processing. Once retained, our office filed the I-130 petition on October 22, 2015 and this petition was approved by the USCIS on August 5, 2016.

Once the priority date became current, we filed the immigrant visa packets to the National Visa Center on March 7, 2017, who in turn forwarded our clients’ materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the US Embassy in Manila, and we prepared them for the interview. On November 20, 2017, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Manila, Philippines approved and issued their immigrant visas.

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Post image for I-751 Removal of Conditions Approval for Client from Burkina Faso in Cleveland OH

CASE: I-751

APPLICANT: Burkina Faso

LOCATION: Cleveland, OH

Our client contacted our office in July of 2016 regarding his I-751 application.

He is from Burkina Faso and he married a U.S. citizen. Through his marriage, he obtained a 2-year conditional green card in September 2014. Thus, his conditional residency terminated in September 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 July 21, 2016, and our office prepared an I-751 application for our client with other supplemental exhibits.

On August 15, 2016, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, joint leasing documents, joint tax 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. Eventually, on December 19, 2017, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE).

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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 a B-2 visitor’s visa. In April 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 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. On June 23, 2017, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu also accompanied our clients. In July 2017, the USCIS issued a Request for Evidence and requested our client to submit certified court records for his dismissed criminal case. Our client submitted the certified court disposition to the USCIS Cleveland Field Office on September 28, 2017. Eventually, on December 22, 2017, his green card application was approved.

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Post image for Immigrant Visa Approval After I-601A Provisional Hardship Waiver for Filipino C1/D Crewman Entry Client in California

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

APPLICANT / BENEFICIARY: Filipino

LOCATION: California / Manila, Philippines (Visa Interview)

Our client came to the United States from the Philippines in 2002 on a C1/D 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 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.

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.

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 July 6, 2017. In October 2017, the U.S. Embassy in Manila, Philippines informed our office that they scheduled an immigrant visa interview for our client. Our client went back to the Philippines to appear at his interview on November 27, 2017. On November 27, 2017, our client appeared at his immigrant visa interview at the Embassy. Eventually, on December 22, 2017, and the U.S. Embassy approved his immigrant visa.

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 Marriage Based Petition and Adjustment of Status Green Card Approved for Korean Client in Sarasota Florida

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Korean                                                                                                        

LOCATION: Sarasota, FL

Our client is from South Korea who came to the U.S. on an O-1 visa. He is an internationally well-known musician and was working with the Cleveland Orchestra when he contacted our office.  In June 2015, our client married his current U.S. citizen wife.  He retained our office for his green card application in September 2016.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 28, 2016.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

In January 2017, he moved to Sarasota, FL to join his wife who was working there. In November 2017, his interview was scheduled. Prior to the interview, we thoroughly prepared our clients via conference calls. On December 14, 2017, our client was interviewed at the Tampa Florida USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of his interview, his green card application was approved.

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

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 Seoul, South Korea in 2013.  After the marriage, he filed an I-130 (F-2A category) petition for his wife in South Korea. This I-130 Petition was approved by the USCIS in 2015 (the priority date of this petition was September 9, 2014). After the I-130 was approved, their daughter was born in South Korea in December 2015.

In March 2017, he contacted our office and retained us to bring his wife and daughter to the States via consular processing. Once retained, we immediately contacted National Visa Center and informed them that they have a daughter who would like to come to the United States as a derivative applicant of her mother (our client’s wife)’s immigrant visa. The priority date of this petition was already current. Our office filed the immigrant visa packets to the National Visa Center on August 4, 2017, 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 December 11, 2017, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Seoul, South Korea approved and issued immigrant visas for our client’s wife and daughter.

With the approved immigrant visas, our client’s wife and daughter can come to the United States immediately, and they will get their green cards within two months of entry.

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Post image for Marriage Based Green Card Approved for Russian Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Russian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Russia who came to the U.S. on a J-1 exchange visitor’s visa in June 2010. She had a complex immigration case, having filed a VAWA I-360 before that got denied, before retaining us. In September 2015, our client married her current U.S. citizen husband.  She retained our office in October 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 29, 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. On January 13, 2017, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu also accompanied our clients. In November 2017, the USCIS issued a 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 Cleveland Field Office. Eventually, on December 11, 2017, her green card application was approved.

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

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Korean                                                                                                        

LOCATION: Dayton, Ohio

Our client is from South Korea who came to the U.S. on a B-2 visitor’s visa in May 2017. In July 2017, our client married her current U.S. citizen husband.  After she married, 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 August 22, 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 via conference calls as well. On December 11, 2017, our client was interviewed at Cincinnati Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

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