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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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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 B-2 visitor’s visa in December 2015. Since then, she has remained in the United States after her authorized stay period expired.  In December 2016, our client married her current U.S. citizen husband.  She retained our office in December 2016 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 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 April 13, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from 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 Green Card Approval After Successful Termination of Removal Proceedings for Nepalese Client in Houston Texas

CASE: I-485 Adjustment of Status / Motion to Terminate Removal Proceedings Based on an Approved I-130 Immediate Relative Spousal Petition

CLIENT: Nepalese

LOCATION: Houston, TX

Our client is a Nepalese citizen who came to the U.S. on an F-1 Student Visa.   Our client and his wife married in August 2013.  When they were married, our client’s wife was a green card holder. Our client’s wife filed an I-130 petition for our client in August 2013 and it was approved by the USCIS later. Our client filed his adjustment of status application along with the I-130 petition, but it was denied due to his failure to maintain status. After his I-485 adjustment of status application was denied, a Notice to Appear was issued against our client, and he was placed in removal proceeding.

His wife became a naturalized U.S. citizen in July 2015. Our client contacted our office and consulted with us for his potential relief. Based on the approved I-130 and his wife’s recent naturalization, we determined that we could file joint motion to terminate his proceedings. Our client retained our office on July 15, 2015.  

On July 27, 2015, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. However, we did not get any response from the Houston DHS office regarding their consent to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice in September 2015.  

After the multiple follow-ups, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Houston Immigration Court on January 6, 2016. The DHS counsel in Houston did not oppose the Motion to Terminate Removal Proceedings. Ultimately, the Immigration Judge granted the Motion to Terminate Removal Proceedings without prejudice on January 27, 2016.

After his removal proceeding was terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on April 6, 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 via conference call. On April 25, 2017, our client was interviewed at the Houston, Texas USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients. After the interview, his green card application was approved.

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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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