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Success Stories
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Marriage
One of the fastest and most common immigration cases are those based on marriage to a US Citizen.
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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 Green Card  for Parents Based on I-130 by US Citizen Son Approved for Romanian Clients in Cleveland Ohio

CASE: I-130 (Petitions for Parents) and I-485 Adjustment of Status

CLIENT: Romanian

LOCATION: Cleveland, OH

Our client retained us to petition his parents for their green cards. Our client was born and raised in Romania, but was naturalized in the United States in 2014. He contacted our office in late August of 2014 and discussed with us the green card process. After consultation, he retained our office on August 22, 2014.

 

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Applications on September 23, 2014 for his parents.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Eventually, on July 1, 2015, our client’s parents’ adjustment of status applications was approved. Now, they are green card holders.

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Post image for Motion to Remand with BIA based on Pending I-130 Petition Approved for Romanian Client in Chicago Illinois

CASE: Motion to Remand based on Pending I-130 Petition
CLIENT: Romanian
LOCATION: Chicago, IL

Our client came to the United States with a valid J-1 visa from Romania in July 2002. He remained in the United States for a time longer than permitted.

Later on, he was placed in removal proceedings due to his overstay and a Notice to Appear was issued. His cancellation of removal application was denied by the Immigration Judge in April 2011, but an appeal was timely filed.  The BIA appeal was denied March 15, 2013.

While the BIA appeal was pending, our client married his U.S. citizen wife in September 2012. His wife filed an I-130 petition for our client on November 5, 2012.  He contacted our office for legal assistance for a Motion to Remand.  We explained to him the Motion to Remand procedure and he retained our office on April 1, 2013.

On April 5, 2013, we prepared and filed the Motion to Remand for Adjustment of Status Based on a Pending I-130 on behalf our client.  We had to file this Motion within 90 days of the Board decision to make it timely. 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, even though it is still pending, 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, adjustment of status relief was not available for our client at his previous hearing since he was not married to 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 5, 2013. 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 a lot of bona fide marital evidence between our client and his U.S. citizen wife to demonstrate that the I-130 petition was approvable. Eventually, on May 30, 2013, the BIA granted our motion, reopened our client’s case, and the record was remanded for further proceedings.

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Post image for Marriage Green Card Approval for Romanian Client in Cleveland Ohio

CASE: Marriage-Based Green Card
CLIENT: Romanian
LOCATION: Cleveland, Ohio

Our client came to the United States in March 2012 with a B-2 visitor’s visa from Romania. She married a U.S. Citizen in July 2012.  Our client retained our office on August 16, 2012 for her petition and adjustment of status application.

Our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 17, 2012 before her B-2 authorized stay expired. 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 6, 2012, our clients were interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee Yu accompanied them as well. On the same day, her green card application was approved.

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For other marriage-based green card success stories, please click here.

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Also feel free to contact our office anytime for free consultations.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Romania

LOCATION: Arizona

Our client is a Romanian national who came to the U.S. on a J-2 Visa.  She came with her husband who was on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning you would have to go back to your home country for two-years before you can apply for permanent residency and some non-immigrant visas such as H, L, and O visas. (Our firm’s blog will explain this two-year residency requirement for J-1 visa holder and possible waiver application process later with further details).  Moreover, if you are subject to the two-year foreign residency requirement, you are not allowed to change some non-immigrant status in the United States.

Unfortunately, her marriage did not work out well after my client and her ex-husband came to the United States.  Eventually, she got divorced from her ex-husband and later married a U.S. citizen husband.  Her new husband petitioned I-130 and I-485 (green card process based on marriage) on behalf of our client, but her green card application was denied due to her failure to fulfill the two-year foreign residency requirement.  As mentioned above, an immigrant beneficiary who is subject to 2-year requirement cannot get his/her green card even if he/she marries a U.S. citizen until he/she fulfills the requirement or gets a waiver.

Once client’s green card application was denied, she contacted our firm and retained us. Our firm was retained to do this J-2 waiver on October 4, 2010. On October 11, 2010 the J-2 Waiver 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 was divorced from the J-1 visa holder.  On October 26, 2010 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Eventually, on November 22, 2010, the USCIS approved the waiver of the 2-year foreign residency requirement. She obtained her waiver within 40 days!  Our client can apply for her green card without having to go back to Romania and be separated from her husband for two years.

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