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Post image for From Final Order to Green Card Approval for Senegalese Client in Baltimore Maryland

CASE: I-485 Approval
CLIENT: Senegalese
LOCATION:Baltimore,MD

Our client is a Senegalese citizen who came to the U.S.on an F-1 Student Visa in August 2006 to study at a college in Maryland. As our previous success story explained, our client had a final order of removal in absentia, but his case was reopened after our office’s successful Motion to Reopen in January 2012.

Our client and his wife married in October 2010, and retained our office on March 3, 2011. Our office immediately filed an I-130 Petition with bona fide marriage evidence on March 23, 2011. While the I-130 petition was pending, our client appeared at the Baltimore Immigration Court on February 15, 2012 for his initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition.

Our client’s I-130 interview was scheduled on May 4, 2012 at Baltimore USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his wife rough conference call. Attorney Yu also accompanied them for their interview. The interview lasted more than one hour, but the I-130 petition was eventually approved on the same day.

After the I-130 was approved, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Baltimore Immigration Court. The DHS counsel in Baltimore did not oppose the Motion to Terminate. The Immigration Judge granted the Motion to Terminate on August 7, 2012.

Once his case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on August 28, 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 conference all.

On October 31, 2012, our client was interviewed at the Baltimore CIS office. Our client was fully prepared and the interview went well.

On November 14, 2012, his green card application was approved.

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CASE: Motion to Terminate Removal Proceedings Based on an Approved I-130 Immediate Relative Spousal Petition
CLIENT: Senegalese
LOCATION: Baltimore, MD

Our client is a Senegalese citizen who came to the U.S. on an F-1 Student Visa in August 2006 to study at a college in Maryland.  As our previous success story explained, our client had a final order of removal in absentia, but his case was reopened after our office’s successful Motion to Reopen in January 2012.

Our client and his wife married in October 2010, and retained our office on March 3, 2011. Our office immediately filed an I-130 Petition with bona fide marriage evidence on March 23, 2011.  While the I-130 petition was pending, our client appeared at the Baltimore Immigration Court on February 15, 2012 for his initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition.

Our client’s I-130 interview was scheduled on May 4, 2012 at Baltimore USCIS Filed Office.  Prior to the interview, our office thoroughly prepared our client and his wife rough conference call. Attorney Yu also accompanied them for their interview. The interview lasted more than one hour, but the I-130 petition was eventually approved on the same day.

After the I-130 was approved, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Baltimore Immigration Court. The DHS counsel in Baltimore did not oppose the Motion to Terminate Removal Proceedings. Ultimately, the Immigration Judge granted the Motion to Terminate Removal Proceedings without prejudice. Our client is not in removal proceedings anymore. Now, he can file his I-485 adjustment of status application to USCIS to obtain his green card.

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For more success stories, please click here.

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CASE: Motion to Reopen
CLIENT: Senegalese
LOCATION: Baltimore, MD

Our client came to the United States with a valid F-1 student visa from Senegal in 2006.  Later, he married his current U.S. Citizen wife, and retained our office for his adjustment of status case.  We prepared his I-130 petition and I-485 adjustment of status application, and filed the application on March 21, 2011.

However, a week before his I-130 interview, our client’s adjustment of status application was denied.  Unbeknownst to our client and us, our client was placed in removal proceeding and the Immigration Judge issued a final order against our client in 2010.  Our client was very surprised and informed our office that he never knew of his final order, his hearing, nor the fact that he was even placed in removal proceedings.

Our client never received a Notice to Appear, and as such did not know that he was in removal proceedings, did not know that had to go to Court, did not know that he had to inform the Immigration Court through Form EOIR-33 of his change of address, and ultimately did not know that he had a final order for not appearing at his 2010 hearing.  Our client asked us for help in his case and we advised him to file a Motion to Reopen in absentia order of removal.

On June 17, 2011, our office filed a Motion to Reopen with the Baltimore Immigration Court. Documentation of his address at the date of the final order, a detailed affidavit regarding his addresses and his circumstances around the final order date, documentation of the last address he provided to the immigration service prior to the final order date, and other supporting documents were submitted (39 exhibits).  However, the Department of Homeland Security filed an opposition to our Motion.  In response to the DHS’ brief, our office filed a Response to the Government’s Opposition to Motion on July 8, 2011.

On December 8, 2011, the Baltimore Immigration Court denied our motion. However, our office thought that IJ’s decision was incorrect. In response to the Court’s decision, our office filed a Motion to Reconsider on December 28, 2011. On January 31, 2012, the Baltimore Immigration Court granted our Motion to reconsider and sent our office a new hearing notice for our client. Our client now does not have the final order of removal and may seek relief with the Immigration Court, or seek termination of proceedings for CIS adjudication of his green card.

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For other Motion to Reopen success stories, please click here.

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CASE: Termination of Removal Proceedings and Adjustment of Status with USCIS

CLIENT: Senegalese

LOCATION: Columbus, OH

Our client is a Senegalese national who came to the U.S. with fraudulent documents many years ago. He resides in Columbus, Ohio.

Prior to retaining our firm, he married a U.S. citizen spouse and filed an I-130 petition, I-485 green card application and I-601 waiver application for his fraudulent entry. The I-130 petition was approved by the CIS, however, his I-485 application and I-601 waiver were denied by the CIS.  Fortunately, his appeal of the 601 waiver  was sustained by the Office of Administrative Appeals later.

In the meantime, he was placed in removal proceedings after the denial of his initial green card application. Thereafter, he consulted with our firm for representation in removal proceedings and adjustment of status. We explained that we can terminate removal proceedings and we can help his adjustment of status application. Our office was retained and within a few days, we filed a Motion to Terminate with the Immigration Court.

The DHS counsel opposed the termination of hearing. The basis was whether his manner of entry should be considered an admission.  A few months later at the scheduled contested Master Hearing, based on the BIA case Matter of Quilantan, Attorney JP Sarmiento argued that our client’s entry is an admission and that he has an approved I-130 and I- 601 waiver. The Immigration Judge granted termination. We then wrote a letter to the Columbus CIS office to reopen our client’s adjustment of status application since removal proceedings have been terminated. Within a few weeks, another green card interview was scheduled for our client. Client had his green card interview on December 6, 2010 in Columbus USCIS office. We prepared our clients before the interview and Attorney JP Sarmiento accompanied them. At the interview, the officer finally approved our client’s green card application.  After the long process, our client eventually obtained his permanent resident card.

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