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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-751 Approval for Ghanaian Client in Columbus Ohio with Waiver of Joint Filing Requirement due to Divorce

CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Ghanaian
LOCATION: Columbus, OH

Our client contacted our office in July of 2016 regarding a response to the RFE for her I-751 filing. She is from Ghana and she married a U.S. citizen in May 2013. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in January of 2014. Therefore, her conditional residency terminated in January 2016. She filed the I-751 with her husband in 2015. However, she got the RFE from the USCIS in May 2016.

Unfortunately, during their marriage, our client and her ex-husband went through struggles. Therefore, immediately after they filed the I-751, they lived separately for a while and divorce proceedings was initiated. Thus, our client could not proceed with I-751 joint filing with her ex-husband. After the consultation, we advised that we can help her file the I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On August 2, 2016, our office filed the Response to RFE with the request of I-751 application category conversion from joint filing to waiver of filing with various supporting documents (over 15 exhibits and an affidavit over 6 pages) to demonstrate our client’s bona fide marriage with her ex-husband. 

In September 2016, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference call with potential issues at the interview. On October 27, 2016, our client was interviewed for her I-751 application at the USCIS Columbus, OH Field Office. The interview was very extensive and the officer questioned a lot of the nature of her marriage with her ex-husband.  Nevertheless, the USCIS approved his I-751 application on December 7, 2016. Now, she has her ten-year green card.

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Post image for Marriage Based I-130 and I-485 Green Card Approval for Ghanaian Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Cleveland Ohio

Our client came to the United States in July 2011 with a J-1 visa from Ghana. Later, she married a U.S. Citizen in February 2015 and retained our office for her petition and adjustment of status application.

She also asked us to file her daughter’s (Petitioner’s step-daughter) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 25, 2015. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On December 3, 2015, our clients were interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. On December 11, 2015, our client and her daughter’s green card applications were approved.

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Post image for Termination of Proceedings / I-751 Removal of Conditions Approval for Ghanaian Client in Columbus Ohio

CASE: Termination of Proceedings / I-751

APPLICANT: Ghanaian

LOCATION: Columbus, OH

Our client contacted our office in July 2014 regarding his removal proceedings representation and I-751 application.

He is from Ghana and he married a U.S. citizen in August 2010. Through his marriage, he obtained a 2-year conditional green card in May 2011.  His conditional residency terminated in May 2013.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. They filed the I-751 application first; however, they failed to appear at the I-751 interview because they were not informed of their interview date.  Our client’s initial I-751 application was thus denied. Later on, our client was placed in removal proceedings and had to appear for his Master Calendar hearing at the Cleveland Immigration Court on August 5, 2014. Our client retained our office on August 4, 2014 and Attorney Sung Hee (Glen) Yu represented our client at his initial Master Calendar Hearing.

After the hearing, our office prepared an I-751 application for our client with other supplemental exhibits including a detailed brief on why they failed to appear at their initial I-751 interview.

On January 29, 2015, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued a Request for Evidence (RFE) in July 2015 and requested our client to submit more bona fide evidence. In response to the RFE, our office prepared and filed the Response to RFE with several supplemental exhibits to the USCIS on August 4, 2015. Eventually, on August 19, 2015, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

Once our client received his 10-year green card, our office filed a Motion to Terminate proceedings with the Cleveland Immigration Court on August 31, 2015. On September 30, 2015, the Immigration Judge terminated our client’s removal proceedings.

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Post image for Marriage to a US Citizen I-130 and I-485 Green Card Approval for Ghanaian Client in Columbus Ohio

CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Columbus, Ohio

Our client came to the United States from Ghana on a B-2 Visitor’s visa in December 2005. After his authorization of stay period expired, he remained in the United States.  He married a U.S. Citizen in February 2014 and retained our office on April 1, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 10, 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. On September 1, 2015, our client was interviewed at the , Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on September 21, 2015, his green card application was approved.

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Post image for I-130 and I-485 Marriage to US Citizen Petition and Adjustment of Status Green Card Approval for Ghanaian Client in Toledo Ohio

CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Toledo, OH

Our client came to the United States from Ghana on a F-1 student visa in January 2013. He married a U.S. Citizen in April 2015 and retained our office on May 13, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on May 27, 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 as well. On August 14, 2015, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on the same day of the interview, his green card application was approved.

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Post image for EB-2 Green Card Approval with INA 245(k) Argument Schedule A Nurse Practitioner Approval for Ghanaian Psychiatric Mental Health Nurse Practitioner in Indiana

CASE: I-485 Adjustment of Status / 245(k) / I-140 (EB-2 Category) / Schedule A

APPLICANT: Ghanaian Psychiatric Mental Health Nurse Practitioner

LOCATION: Indiana

 

Our client is a certified nurse practitioner. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a certified nurse practitioner, she is eligible for “Schedule A” classification.

 

The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without having to file a Labor Certification with the Department of Labor. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. We argued that the position of Nurse Practitioner is included in Schedule A.

 

Our client has both a Bachelor’s and Master’s degrees in nursing. She has a Registered Nurse license and has an ANCC Psychiatric-Mental Health Nurse Practitioner Certificate.  Our office was retained on June 17, 2014 and we started the Prevailing Wage Determination filing and other related matters.

 

Once the prevailing wage was determined, we filed the I-140 application on October 24, 2014 via premium processing. We included the job offer letter, the notice of filing, her pay stubs, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.

 

However, on November 8, 2014, the USCIS Nebraska Service Center issued a Request for Evidence (RFE) and requested our client’s CGFNS certificate. Our office prepared the response to RFE and filed it along with CGFNS certificate on November 20, 2014 to the USCIS. On November 28, 2014, the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

 

When we filed her I-140 petition, our client simultaneously filed her I-485 adjustment of status application as well. We also included an extensive brief to argue that our client is eligible to adjust under the INA Section 245(k).

 

Section 245(k) of the INA can render the normal bars to adjustment of status found in section 245(c)(2), (c)(7), and (c)(8) inapplicable to certain employment-based adjustment of status applicants who, since their last lawful admission to the United States have not, for an aggregate period of more than 180 days:

 

(A)Failed to maintain, continuously, a lawful status;

(B)  Engaged in authorized employment; or

(C)  Otherwise violated the terms and conditions of his or her admission.

 

Our client maintained lawful F-1 status, and maintained full-time student status, up until May 2014. However, she did not extend her F-1 status or changed to other non-immigrant status in the United States before the filing of her I-485 adjustment of status application. Nevertheless, our client has not accrued over 180 days of “failure to maintain lawful status” nor over 180 days of “unauthorized employment”, and as such, she is still eligible to adjust status based on her approved I-140.

 

However, on April 20, 2015, the USCIS Nebraska Service Center issued a Request for Evidence (RFE) and requested our client’s CGFNS certificate again. Our office prepared the response to RFE and filed it along with CGFNS certificate on April 24, 2015 to the USCIS.

 

Finally, the USCIS approved our client’s I-485 adjustment of status application on May 8, 2015. Now, our client becomes a green card holder. 

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Post image for Despite Divorce and Remarriage, I-751 Removal of Conditions Approval for Ghanaian Client in Cleveland Ohio

CASE: I-751

APPLICANT: Ghanaian

LOCATION: Cleveland, Ohio

Our client contacted our office in early July 2014 regarding his I-751 application.

He is from Ghana and married a U.S. citizen in 2011. Through his marriage, he obtained a 2-year conditional green card in October of 2012.  His conditional residency terminated in July 2014.

What was unique in this case was that after our client obtained his green card, their marriage suffered and they eventually got divorced. However, after a few months, they got remarried again. Those set of facts typically would raise red flags with immigration, but we got their story and obtained documents about their relationship and filed the I-751.

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 7, 2014 and our office prepared an I-751 application for our client with other supplemental exhibits. We made sure the application was extensive as their situation, post conditional residency application, was unique.

On August 19, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint tax filing records, joint bank statements, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage. The divorce decree plus new marriage certificate were also submitted. The beneficiary even had a domestic violence case which was brought down to disorderly conduct.

Once the application was filed, the fingerprint notice was issued two weeks later. However, USCIS issued a Request for Evidence (RFE) on December 3, 2014. The USCIS requested our client to submit more documentary evidence to prove the bona fide nature of his marriage with his wife. In response to the RFE, our office prepared the response and gathered more joint documentary evidence to demonstrate the bona fide nature of their marriage We filed the RFE response on February 5, 2015.

As expected, the USCIS scheduled an interview for our client’s I-751 application. On April 2, 2014, our client and his wife were requested to appear for their interview at the USCIS Cleveland Office.  Prior to the interview, our office prepared them thoroughly. We also accompanied them at the interview as well. The interview went well, and as a result, on the same day of the interview, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions

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Post image for I-130 and I-485 Marriage Based Petition and Adjustment of Status Approval for Ghanaian Client in Atlanta, GA

CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Atlanta, GA

Our Ghanaian client came to the United States on a B-2 visitor’s visa in June 2003. She overstayed her status. Later, she married a U.S. Citizen in May 2013. She contacted our office and our client retained our office on September 8, 2014 for the filing of the petition for her and her adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 2, 2014.  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 January 22, 2015, our client was interviewed at the Atlanta, GA USCIS office.  The interview went well, and our clients answered the questions well and demonstrated the bona fide nature of their marital life. Eventually, on the same day, her green card application was approved.

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Post image for Fiancée K-1 Visa Petition Approved for Petitioner from Maryland and Ghanaian Beneficiary

CASE: I-129F Fiancée Petition and Fiancée Visa

PETITIONER: US Citizen in Maryland

BENEFICIARY: Ghanaian

PETITION FILED: January 2, 2014

PETITION APPROVED: January 8, 2015

Our client, a US Citizen Petitioner, met his Ghanaian fiancée in March 2011. They started their relationship, and he went to Ghana frequently to see her. They actually did the fiancé immigration process before themselves, but unfortunately it was denied. Hence he retained our firm to file a fiancée petition for her.

After retention, we informed our client the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on December 18, 2013. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on January 2, 2014.

However, on August 20, 2014, the USCIS issued a request for evidence (RFE) and claimed that our client did not submit sufficient evidence to establish that he is in a valid and authentic relationship with his fiancée. In response to the RFE, our office filed a response to RFE to the USCIS with more bona fide evidence to show the bona fide nature of their relationship. We filed the RFE response on September 17, 2014.

Eventually, on January 8, 2015, the I-129F fiancée petition was approved by the USCIS Vermont Service Center.

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