CASE: I-130 and Consular Processing (Immigrant Visa)
CLIENT: US Citizen Petitioner Daughter; Chinese Beneficiary Parents in China
LOCATION: Petitioner: Ohio; Beneficiaries: China
I-130 FILED: April 26, 2012
I-130 APPROVED: October 10, 2012
IV APPROVED: May 6, 2013

Our client retained us to bring her parents over from China. She was born and raised in China, but was naturalized in the United States.

On April 26, 2012, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On October 10, 2012, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get her parents over to the United States.

On March 20, 2013, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s parents at the U.S. Consulate in Guangzhou, and we prepared them for their interview. On May 6, 2013, the U.S. Consulate in Guangzhou, China approved and issued their immigrant visas.

With the approved immigrant visa, our client’s parents can come to the United States immediately, and they will get their green cards within two weeks of entry.

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CASE:  I-601 Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Argentinian

LOCATION: Washington, D.C.

Our client came to the United States from Argentina as an F-1 student, and later got a job after graduation, eventually getting an H-1B visa.

He later married a U.S. citizen wife and his wife filed an I-130 petition for him. He concurrently filed an I-485 adjustment of status application in 2012.

The I-130 petition was approved; however, the USCIS issued a Notice to Intent to Deny on December 8, 2012 and requested our client to submit an I-601 waiver application because he was found inadmissible due to his previous criminal conviction.

In 2007, our client was convicted of a minor drug possession case in the United States. This conviction made him ineligible for adjustment of status.  As a result of this conviction, he was found to be inadmissible pursuant to Section 212(a)(2)(A)(i)(II) of the INA.  (Criminal ground of inadmissibility).

After the Notice of Intent to Deny was issued, our client contacted our office in December 2012 to pursue his I-601 waiver. Based on his story and surrounding circumstances (hardship to his U.S. citizen wife if he is deported), our office determined that he had a good chance of winning.  Eventually, he retained our office on December 12, 2012.

Section 212(h) of the Immigration and Nationality Act provides a waiver of INA § 212(a)(2)(A)(i)(II) if the crime relates to a single offense of possession of 30 grams or less of marijuana and the Applicant has a U.S. Citizen spouse who would suffer extreme hardship if he or she was denied admission into the United States. In Matter of Martinez-Espinoza, 25 I & N Dec. 118 (BIA 2009), the BIA held that a 212(h) waiver may be sought for a drug paraphernalia conviction that relates to a single offense of simple possession of marijuana. INA § 212(h) provides for a discretionary waiver of the criminal inadmissibility ground. To qualify for the waiver, the alien must establish that his or her U.S. Citizen or lawful permanent resident spouse would suffer extreme hardship if the alien were denied admission. INA § 212(h).

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 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 U.S. Citizen wife suffers from the misalignment of her foot and related surgeries due to a past incident. In the I-601 brief and supporting documents, our office included extensive medical reports from 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 needs consistent and continuous physical therapy to help deal with her pain 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 infant child. Also, it would be extremely difficult for her to get the same level of physical therapy and satisfactory access to medical services in Argentina 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 Argentina, that our client has good employment in the United States, and that his U.S. citizen child and his wife will face extreme financial and emotional difficulties if he is removed.

On December 18, 2012, we filed the I-601 waiver application which included the brief in support, his wife’s medical records, and other documents that demonstrated hardship to his wife if he is removed from the United States.

On May 15, 2013, his I-601 waiver was approved. Now, his I-485 green card application will be considered again and will likely be approved.

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CASE:  I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Filipina

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a B-2 Visitor’s Visa in March 2009. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings in Cleveland, Ohio.

Our client married her U.S. citizen husband in April 2011 in Ohio. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in June 2012. Unfortunately, after being in Court prior to our retention about 4 to 5 times, she could not get her case terminated.

She contacted our office around September 2012 to seek legal assistance. She retained our office in October 1, 2012.

After our office was retained, we prepared and filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents to the Cleveland Immigration Court. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on February 5, 2013.

Once her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on February 25, 2013, together with other necessary forms and supporting documents. 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 May 10, 2013, our client was interviewed at the Cleveland CIS office. Our attorney Sung Hee (Glen) Yu accompanied them as well. Our client was fully prepared and the interview went well.  On May 17, 2013, her green card application was approved.

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CASE: I-140 Premium Processing

 EMPLOYER: Software Distributor

 BENEFICIARY: Nepali Computer Systems Analyst

 LOCATION: Omaha, Nebraska

Our client is a computer systems analyst from Nepal, who is currently working at a software distributing company in Omaha, Nebraska. The company was willing to do an immigration petition for him, second-preference. Our client has a Master of Science degree in Computer Information Systems and has worked for this company since October 2011. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm concluded that his potential employer can petition him as a Computer Systems Analyst. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that he is clearly eligible for the EB-2 classification.

Prior to filing PERM labor certification, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad.  Within a week from our retention, the prevailing wage request was filed.  On December 17, 2012, we filed the PERM labor certification application.  Eventually, on April 17, 2013, exactly four months from filing, the PERM labor certification was approved – an EB2 position for the Nepali Computer Systems Analyst.

We then proceeded with the I-140 Petition filing.  We submitted the “ability to pay” letter for the I-140 petition application.  We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on May 9, 2013 via premium processing service.  Within a week of the filing, on May 16, 2013, the I-140 EB2 Petition for our Nepali client was approved.  He can now file an I-485 adjustment of status application for his green card (he could’ve filed the I-485 simultaneously, but he wanted to make sure the I-140 was approved first before he pays the $1070 filing fee).

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CASE: I-751

APPLICANT: Kenyan

LOCATION: Atlanta, Georgia

Our client contacted our office in early April of this year regarding her I-751 interview. She is from Kenya and married a U.S. citizen in June 2008. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in November of 2009.

Prior to the expiration of her conditional residency in November 2011, she and her husband jointly filed an I-751 application to remove the condition on her residency. Without the assistance of legal counsel, they filed an I-751 application to the USCIS in October 2011.  They filed the application with some supporting documents, but the USCIS issued a Request for Evidence (RFE) sometime in 2012, and they submitted more supporting documentary evidence to the USCIS. She and her husband have maintained their marital relationship for the last 5 years without any issues. Nevertheless, the USCIS Atlanta Field Office issued an interview for our client’s I-751 application.

She was nervous and did not know what would happen at her I-751 interview.  She contacted our office in early April of this year, and retained our office to prepare and accompany them for their I-751 interview in Atlanta, Georgia.

After our office was retained, we thoroughly prepared our clients through conference calls.  We explained to them the nature of the interview, what to expect at the interview, and we also asked them to remember specific details of their marriage especially after November 2009.

On April 25, 2013, our client was interviewed at the Atlanta, GA USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied them at this interview. The interview went well and our clients were fully prepared.  On May 8, 2013, the USCIS approved our client’s I-751 application. Now, she has her ten-year green card.

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CASE: I-140

 EMPLOYER: Hospital

 BENEFICIARY: Filipino

 LOCATION: Erie, PA

Our client is a family physician from the Philippines, who is currently working at a hospital which was willing to do a second-preference petition (I-140) for him. He has a M.D. degree and is a licensed physician in the state of Pennsylvania. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm concluded that his potential employer can petition him as a Family Medicine Physician. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad.

Within a week from our retention, the prevailing wage request was filed.  After we obtained the foreign degree evaluation report, our office filed the job order on November 16, 2011.  On May 10, 2012, we filed PERM.  Eventually, on July 17, 2012, a little after two months from filing, the PERM Labor Certification was approved – an EB2 position for the Filipino beneficiary.

We then proceeded with the I-140 Petition filing.  We submitted the “ability to pay” letter for the I-140 petition application.  We included the job offer letter, state physician license, our client’s M.D. degree, and other necessary supporting documents.

The I-140 Petition was filed on September 11, 2012 via regular processing.  On May 3, 2013, the I-140 EB2 Petition for our Filipino client was approved.

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CASE: Bond Redetermination Hearing
APPLICANT: Chinese
LOCATION: Florence Immigration Court AZ

Our office was contacted in April of 2012 regarding one Chinese person who was detained in Florence, Arizona. He tried to enter the United States without valid documents and was incarcerated by immigration officers.

Prior to retention, the Immigration and Customs Enforcement set a bond amount of $15,000.  Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence Immigration Court in Arizona.  Our office communicated with him and his U.S. resident relative in New York, and gathered as much information regarding his relief, equities, criminal record, family ties, and financial ability to post bond.  We also gathered supporting documents from our client’s relatives, from proof of their status and residence, to bank statements and tax returns.

On May 7, 2013, we represented our client at his Florence Arizona Immigration Court bond re-determination hearing.  During the bond re-determination hearing, we explained to the Court that our client already passed his credible fear interview, was not a flight risk, had established his residence upon release, had established his financial ability to post bond, and that he had ample family ties in the United States who submitted proof of his residence and immigration status.  Moreover, our office explained that his lack of criminal record, designated address with contact information from his relative in the United States, ability to post bond, and eligibility for asylum relief clearly demonstrate that the bond should be reduced.  At the end of the hearing, the Immigration Judge took our arguments into account and reduced the bond amount to only $7500.

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]]> http://www.sarmientoimmigration.com/2013/05/09/detained-chinese-client-released-after-successful-bond-redetermination-hearing-in-florence-arizona-2/feed/ 0 http://www.sarmientoimmigration.com/2013/05/07/i485-green-card-approval-after-termination-of-removal-proceedings-for-liberian-client-in-cleveland-ohio/?utm_source=rss&utm_medium=rss&utm_campaign=i485-green-card-approval-after-termination-of-removal-proceedings-for-liberian-client-in-cleveland-ohio http://www.sarmientoimmigration.com/2013/05/07/i485-green-card-approval-after-termination-of-removal-proceedings-for-liberian-client-in-cleveland-ohio/#comments Tue, 07 May 2013 04:38:19 +0000 JP Sarmiento http://www.sarmientoimmigration.com/?p=3895

CASE:  I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Liberian

LOCATION: Cleveland, Ohio

Our Liberian client came to the U.S. on a B-2 Visitor’s Visa in October 1996. He remained in the United States after his authorized stay expired. He was a minor at that time.

Because of his overstay, he was placed in removal proceedings in Cleveland, Ohio.

His hearing was coming up when he retained us in January 10, 2011. He just got married to his spouse a few days earlier. We prepared and filed the I-130 petition on his behalf on January 14, 2011.

Attorney Sung Hee (Glen) Yu from our office represented our client at his hearings and sought adjustment of status relief. The I-130 interview was scheduled on August 12, 2011 and our attorney prepared them for the interview and accompanied them as well. The I-130 petition was eventually approved by the USCIS on December 28, 2011.

After the I-130 petition was approved, we filed a Request to Join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to Terminate without prejudice on July 18, 2012.

After removal proceedings were terminated, our office prepared and filed an I-485 Adjustment of Status Application on October 13, 2012, together with other necessary forms and supporting documents. 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 over the phone.

On April 23, 2013, our client was interviewed at the Cleveland CIS office. Our attorney accompanied them as well. Our client was fully prepared and the interview went well.  On May 2, 2013, his green card application was approved.

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CASE: I-129F Fiancé Petition and Fiancé Visa

PETITIONER: US Citizen in Cleveland, OH

BENEFICIARY: Ukrainian

PETITION FILED: August 2, 2012

PETITION APPROVED: April 22, 2013

Our client, a US Citizen Petitioner, met her Ukrainian fiancé in Ukraine in 2010 and 2011. A few months after he came back to the States, he retained our firm to file a fiancé petition for her.

After consultation, we told him that the petition process may not be easy since they have a 30-year age gap, and due to his previous history of filing fiancé petitions.

So we thoroughly informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on June 18, 2012.

We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on August 2, 2012.

Despite the age gap, and the previous fiancé petitions, there were no requests for evidence, and eventually, on April 22, 2013, the I-129F fiancé petition was approved.

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CASE: I-765 Employment Authorization Post Admin Closure

CLIENT: Guatemalan

LOCATION: Cleveland, OH

Our client came to the United States from Guatemala in January 2000.  He entered the United States without valid inspection and admission. He has remained in the United States since then.

Years later, he married his U.S. citizen wife. He was placed in removal proceedings in 2012, and he hired our office to represent him.

At his master calendar hearing, our attorney took pleadings, sought relief under Cancellation of Removal, and filed his application. Our client also filed an I-765 work permit application to the USCIS. This I-765 was approved in March 2012.

Prior to his individual hearing in November 2012, upon request from our office and the Department of Homeland Security, and upon agreement of the Immigration Judge, his removal proceedings were administratively closed.

In February 2013, our client contacted our office again to renew his work permit.

Our office prepared and filed his I-765 work permit application on February 13, 2013.

Our office included a brief with the application because our client’s case was administratively closed; thus, granting a work permit is not automatic, but discretionary.

We cited a DHS memorandum on the issue, quoting their policy in that “Per longstanding federal law, individuals affected by an exercise of prosecutorial discretion will be able to request work authorization, including paying associated fees, and their requests will be separately considered by the USCIS on a case-by-case basis.”

Our office emphasized the equities of our client, how he has worked hard and paid taxes, his lack of any criminal record, and his marriage to a US Citizen.  His case was administrative closed due to several “positive” factors of his case.

Not every work permit application post-administrative closure is approved, but for our client, fortunately it was. The USCIS approved our client’s I-765 work permit renewal request on March 28, 2013. Despite the administrative closure, our client is authorized to work in the United States until March 20, 2014.

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