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Post image for Adjustment of Status Green Card Approval Based on K-1 Fiancé Visa for Italian Client in Cleveland, Ohio

CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Italian

LOCATION: Cleveland, OH

Our client came to the United States in July 2016 as a K-1 visa entrant from Italy.  Our client is the beneficiary of an approved I-129F petition. He came to the United States as a K-1 Fiancé of a U.S. Citizen whom he married within 90 days of his entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.

Our client contacted our office initially in August 2016 and consulted with us for his adjustment of status application. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on August 19, 2016.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client. On March 20, 2017, his green card application was finally approved.

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Post image for 601A Provisional Hardship Waiver Approval for Mexican Client in Ohio

CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Mexican

LOCATION: Ohio

Our client came to the United States from Mexico in 2009 without inspection and admission. He married his U.S. citizen wife in November 2011. With our firm’s legal assistance, his U.S. Citizen wife filed an I-130 petition for him in April 2016. This I-130 petition was approved on August 11, 2016.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility (entry without inspection and admission). 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 of 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’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of 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 has ongoing medical hardships 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 child. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Mexico 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 Mexico, and that his U.S. citizen child and his wife will face extreme emotional difficulties if he is removed.

On October 17, 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 March 14, 2017. Now, he can file packet 3 and 4 here in the United States, and would go to Mexico shortly to get his immigrant visa.

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Post image for Fiancé Visa Approved for Ohio Petitioner and Filipina Beneficiary

CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland Ohio

BENEFICIARY: Filipina

PETITION FILED: December 9, 2015

PETITION APPROVED: January 25, 2016

K-1 VISA APPROVED: March 6, 2017

Our client, a US Citizen Petitioner, met his Filipina fiancé in the Philippines in 2012. They started their relationship, and he visited the Philippines. His fiancé became pregnant and their son was born in May 2013 in the Philippines.  He proposed to her in the Philippines. After his proposal, he retained our firm to file a fiancé petition for her and immigrant visa petition for his son.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on November 24, 2015. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the I-129F petition on December 9, 2015.

On January 25, 2016, after a month of the filing, the I-129F fiancée petition was approved. Our office also prepared and filed I-130 immigrant visa petition on December 23, 2015 and this I-130 petition was approved by the USCIS on June 7, 2016.

On November 17, 2016, our client’s son appeared at the U.S. Embassy in Manila, Philippines for his immigrant visa interview. After the interview, our son’s immigrant visa was issued. Later, our client’s fiancée appeared at the U.S. Embassy in Manila, Philippines for her K-1 visa interview. The interview went well, and on March 6, 2017, the U.S. Embassy issued her K-1 visa.

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Post image for EB-2 Green Card Approval for Kenyan Non-Profit Housewarming Project Manager in Cleveland Ohio

CASE: I-485 Adjustment of Status based on Approved I-140 (EB-2)

APPLICANT: Kenyan Non-Profit Housewarming Project Manager

LOCATION: Cleveland, OH

Our client is currently working as a Non-Profit Housewarming Project Manager whose current employer was willing to petition him for a second-preference petition (I-140).  Our client has a bachelor’s and a master’s degree in a related field and work experience. He has been working for his current employer under an OPT status. Based on our client’s education, professional and work background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us.

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. On April 2, 2015, the prevailing wage request was filed.  Once we received the Prevailing Wage determination, our office filed the job order on August 20, 2015.  On November 20, 2015, we promptly filed PERM.

However, on May 2, 2016, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on May 11, 2016.  

Eventually, on July 18, 2016, the PERM Labor Certification was approved – an EB2 position for the Kenyan 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, employer’s tax records, and other necessary supporting documents. The I-140 Petition was filed on July 28, 2016 via premium processing service. On August 8, 2016, the I-140 EB-2 Petition for our Kenyan client was approved without any Request for Evidence (RFE).

Our office filed his I-485 application along with his I-140 petition concurrently. On March 1, 2017, the USCIS approved his I-485 application as well. Now, he is a green card holder.

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EB-2 Green Card Approval for Nepali Dentist in Ohio

by JP Sarmiento on March 6, 2017

Post image for EB-2 Green Card Approval for Nepali Dentist in Ohio

CASE: I-485 Adjustment of Status based on Approved I-140 (EB-2)
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Nepali Dentist

 

Our client is from Nepal, who is currently working in the United States as an associate dentist under an F-1 (OPT) status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Surgery degree in the United States. After talking to our client, our firm concluded that her employer can petition her as an associate dentist. Based on our client’s education, professional and work background, our office determined that she is clearly eligible for EB-2 classification.

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 15, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 30, 2015.  On February 22, 2016, we promptly filed PERM.  Eventually, on June 14, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepalese 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, employer’s tax records, and other necessary supporting documents. The I-140 Petition was filed on July 11, 2016 via premium processing service. Eventually, on July 21, 2016, the I-140 EB-2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).

Our office filed his I-485 application along with his I-140 petition concurrently. However, on January 23, 2017, the USCIS Nebraska Service Center issued Request for Evidence (RFE) and requested our client to submit the updated employment letter. Our office filed the response to RFE on February 15, 2017. On March 3, 2017, the USCIS approved her I-485 application as well. Now, she is a green card holder.

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Post image for I-140 EB-3 Approval for Korean Fashion Design and Display Manager Beneficiary and Fashion and Clothing Company Petitioner in Cleveland Ohio

CASE: I-140 (EB-3)    
EMPLOYER: Clothing Company in Cleveland, OH
BENEFICIARY: Korean Fashion Design / Display Manager

Our client is from South Korea, who is currently in H-4 status. Her prospective employer was willing to do an immigration petition for her, third-preference. Our client has a Bachelor of Fashion Design Degree and used to work as a fashion designer in South Korea. After talking to our client, our firm concluded that her prospective employer can petition her as a Fashion Design and Display Manager. Based on our client’s educational, professional and working backgrounds, our office determined that she is clearly eligible for EB-3 classification.

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 5, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 5, 2016.  On July 15, 2016, we promptly filed PERM.  Eventually, on October 5, 2016, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary.

We then proceeded with the I-140 Petition filing. We submitted a cover brief with the “ability to pay” argument 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 November 9, 2016. Eventually, on February 28, 2017, the I-140 EB-3 Petition for our Korean client was approved. Our client can file her I-485 adjustment application.

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Post image for Immigrant Visa Approval After 601 Hardship Waiver Approval for Chinese Client in China

CASE:   Immigrant Visa / I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Chinese

LOCATION: Guangzhou, China (Visa Interview)

Our client came to the United States from China without inspection and admission. Removal proceedings were initiated against him as an alien present in the United States without having been admitted or paroled. He was deported back to China in 2001. He has a naturalized citizen son and LPR wife.

Our client’s U.S. Citizen son filed an I-130 petition for him and this I-130 petition was approved on March 24, 2014. However, our client cannot file for an immigrant visa without a waiver of inadmissibility to become a green card holder.

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’s I-601 application had a good chance since our client’s LPR wife suffers from a great degree of medical and psychological hardship. In the I-601 brief and supporting documents, our office included extensive medical reports of his wife.  We argued that it would be extremely difficult for our client’s wife to get the same level of therapy and satisfactory access to medical services in China in case she joins our client there.

In our brief, we also argued that his wife will have difficulty in finding the same level of employment in China, and that his wife will face extreme financial and emotional difficulties if she joins him in China.

On February 1, 2016, we file the I-601 waiver application which included the brief in support, his wife’s extensive medical and psychological examination records, and other documents that demonstrated hardship to his wife if she joins our client in China. Eventually, his I-601 waiver was approved on October 18, 2016. Then, we filed our client’s immigrant visa package to National Visa Center on October 25, 2016 with an approved I-601 waiver. The U.S. Consulate in Guangzhou, China informed our office that they scheduled an immigrant visa interview for our client. On February 8, 2017, our client appeared at his immigrant visa interview at the U.S. Consulate in Guangzhou, 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 Green Card Approval after Successful Response to RFE for Filipina Client in Cleveland Ohio

CASE: Adjustment of Status / Response to RFE

CLIENT: Filipina

LOCATION: Cleveland, OH

Our client is from the Philippines with K-1 Fiancée Visa. Once she came to the United States with her K-1 Visa, within 90 days of her entry, she married to her boyfriend (now her U.S. citizen husband). Then, she filed I-485 adjustment of status application by herself in 2016. However, on August 26, 2016, the USCIS issued a Request for Evidence. After the issuance of RFE, our client contacted our office and retained us on October 17, 2016.   

Once retained, we helped our client obtain supporting documents for the adjustment of status and prepared the response brief for RFE. We fully explained the basis of her adjustment of status and her husband’s financial ability through Form I-864. On October 20, 2016, we filed the Response to RFE.

On February 17, 2017, our client’s adjustment of status application was approved. Our client finally becomes a green card holder.

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Post image for Immigrant Visa Approval Based on Marriage-Based I-130 for Petitioner in Ohio and Chinese Beneficiary in Hunan, China

CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition
CLIENT: US Citizen Petitioner; Chinese Beneficiary in China
LOCATION: Petitioner: Ohio; Beneficiary: Hunan, China

Our client is a U.S. citizen.  He married his wife in China in November 2015.  After the marriage, he came back to the United States and contacted our office in early January 2016 and retained us to bring his wife to the States.

Our office prepared and filed the I-130 to the National Visa Center on January 22, 2016. After the I-130 was filed, everything went smoothly, there were no requests for evidence, and the receipt notices came on time. The I-130 Petition was approved by the USCIS on April 8, 2016. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on June 1, 2016, who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for the client at the US Consulate in Guangzhou, and we prepared her for her interview. On August 3, 2016, the U.S. Consulate in Guangzhou, China 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 I-130 Approval and Termination of Removal Proceedings for Cameroonian Client in Columbus Ohio

CASE: Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Cameroonian
LOCATION: Columbus, Ohio

Our client is from Cameroon who came to the U.S. on a F-1 Student Visa in April 2008 to study. Our client currently resides in the greater Columbus area with his current U.S. Citizen wife. They were married in July 2013, and he retained our office on July 11, 2016 for the I-130 petition. Our client’s U.S. citizen wife filed the I-130 petition for our client before, but it was denied. Moreover, our client was placed in removal proceedings in 2010 at the Baltimore Immigration Court and the Court granted withholding of removal relief for our client. Once we were retained, our office prepared and filed the I-130 petition for our client and filed it to the USCIS on July 22, 2016.

Our client’s I-130 interview was scheduled on October 18, 2016 at Columbus USCIS Filed Office.  Prior to the interview, our office thoroughly prepared our client and his wife for the interview at our office. Attorney Yu also accompanied them for their interview. The interview lasted two hours, but the I-130 petition was eventually approved on the same day of the interview.

Once the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Baltimore, MD agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on February 10, 2017.  Now, he can file his I-485 adjustment of status application to USCIS to obtain his green card.

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