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Post image for 601A Provisional Unlawful Presence Waiver Approval (Hardship) for Guatemalan Client in Cleveland, Ohio

CASE:   I-601A Provisional Unlawful Presence Hardship Waiver of Inadmissibility

 

APPLICANT / BENEFICIARY: Guatemalan

 

LOCATION: Cleveland, Ohio

 

Our client came to the United States from Guatemala in January 2000 without inspection and admission. He married his U.S. citizen wife in 2006. They have two U.S. citizen children together.  His U.S. Citizen wife filed an I-130 petition for him on March 4, 2009. This I-130 petition was approved on June 5, 2009.

 

Our client cannot file for adjustment of status application due to his ground of inadmissibility. He needs a waiver of inadmissibility to become a green card holder. Moreover, our client was placed in removal proceedings, but with our office’s assistance, his removal proceedings were administratively closed in December 2013 to file a provisional waiver application.

 

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 and son suffer from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife and his son.  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 children. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Guatemala 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 Guatemala, 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 March 11, 2015, we filed the I-601A waiver application which included the brief in support, his wife and son’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States.

 

However, on May 13, 2015, the USCIS issued a Request for Evidence (RFE) for our client’s case. USCIS explicitly requested our client to submit more evidence to prove extreme hardship to his U.S. citizen wife if he is forced to relocate in Guatemala. In response to this RFE, our office prepared a response brief along with more medical evidence of our client’s U.S. citizen wife. Our office filed the response to RFE on June 12, 2015.

 

Eventually, his I-601A waiver was approved on June 22, 2015. Now, he can file packet 3 and 4 here in the United States, and would go to Guatemala shortly to get his immigrant visa.

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Post image for Approved I-485 on I-140 National Interest Waiver Approval for Nepalese Nuclear Scientist in Cleveland Ohio

CASE: I-485 Based on Approved I-140 / National Interest Waiver

 

CLIENT: Nepalese Nuclear Scientist

 

LOCATION: Cleveland, OH

 

Our client contacted us in April 2014 regarding the possibility of doing a National Interest Waiver self-petition for him. He is a post-doctorate researcher and scientist in the field of Physics and Nuclear research, and is currently working as a post-doctorate researcher in an academic institution in Kent, OH.

 

His significant contributions have placed him at the pinnacle of the field of physics and nuclear science. He is a leading scientist with an excellent reputation in his field of endeavor and his research work involved a very complex, simultaneous, and constrained analysis of partial-wave amplitudes for multiple channels produced in pion-nucleon scattering. His work has confirmed the state of low-lying states involving S- and P- wave amplitudes and has also predicted some new states. Overall, his research has yielded important information about excited states of nucleons thereby producing a clearer picture of the baryon spectrum.

 

Upon review of his credentials and qualifications, our office determined that he has a good chance of meeting the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

 

As a primer, NIW applicants must have a master’s or higher degree. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

 

Our office prepared a 14-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 19 exhibits.

 

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on June 4, 2014.  However, on October 6, 2014, the USCIS issued a Request for Evidence for his I-140 petition. In response to the RFE request, our office prepared a brief which included notes from scientists in the field regarding updates of his work and the importance of his past work in nuclear and physics research. We also emphasized our client’s past accomplishments and the benefits of his work. Our Response to RFE was filed on December 5, 2014.  Eventually, on December 24, 2014, the USCIS Nebraska Service Center approved our client’s I-140 petition.

 

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on January 14, 2015. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

 

Eventually, on June 26, 2015, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

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

CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Guatemalan

LOCATION: Ohio

Our client came to the United States from Guatemala in February 2005 without inspection and admission. He married his U.S. citizen wife in 2012. His U.S. Citizen wife filed an I-130 petition for him on January 24, 2013. This I-130 petition was approved on March 4, 2013.

Our client cannot file for adjustment of status application due to his ground of inadmissibility. 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 children (our client’s step-children). Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Guatemala 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 Guatemala, 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 January 13, 2015, 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.

However, on March 9, 2015, the USCIS issued a Request for Evidence (RFE) for our client’s case. USCIS explicitly requested our client to submit more evidence to prove extreme hardship to his U.S. citizen wife if he is forced to relocate in Guatemala. In response to this RFE, our office prepared a response brief along with more medical evidence of our client’s U.S. citizen wife. Our office filed the response to RFE on April 7, 2015.

Eventually, his I-601A waiver was approved on June 9, 2015. Now, he can file packet 3 and 4 here in the United States, and would go to Guatemala shortly to get his immigrant visa.

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Post image for I-130 and I-485 Marriage Based Petition and Adjustment of Status Green Card Approval for Filipino Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

 

CLIENT: Filipino

 

LOCATION: Cleveland, OH

 

Our Filipino client came to the United States on a B-2 visitor’s visa in June 2011. He married a U.S. Citizen in January 2015 and retained our office on February 5, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 11, 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 May 21, 2015, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on June 4, his green card application was approved.CASE: Marriage-Based Adjustment of Status

 

CLIENT: Filipino

 

LOCATION: Cleveland, OH

 

Our Filipino client came to the United States on a B-2 visitor’s visa in June 2011. He married a U.S. Citizen in January 2015 and retained our office on February 5, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 11, 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 May 21, 2015, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on June 4, his green card application was approved.

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Post image for I-751 Removal of Conditions Approval for Korean Client in Cleveland, OH

CASE: I-751

APPLICANT: Korean

LOCATION: Cleveland, OH

Our client contacted our office in late September of 2014 regarding his I-751 application.

He is from South Korea and married a U.S. citizen in December 2011. Through his marriage, he obtained a 2-year conditional green card in November of 2012. Our office helped him with his green card application.  His conditional residency terminated in November 2014.

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 October 1, 2014 and our office prepared an I-751 application for our client with other supplemental exhibits.

On October 2, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, joint leasing documents, and photos of our client and his wife 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) to demonstrate the bona fideness of our client’s marriage with his wife. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on April 29, 2015.

Nonetheless, the USCIS scheduled an interview for our client and his wife. On June 4, 2015, our client and his wife were requested to appear for an interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared them thoroughly in our office and 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.

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Post image for Naturalization and Citizenship N400 Approval for Indian Client in Cleveland, OH

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Cleveland, OH

 

Our client contacted us in February 2015 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in February 2012 through marriage to his U.S. Citizen ex-wife. He retained our office on February 12, 2015.

 

The N-400 application was filed on February 19, 2015 with all supporting documents. Prior to his citizenship interview, our office prepared him for his naturalization interview at our office. On May 7, 2015, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on June 4, 2015. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

 

 

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Post image for I-130 and I-485 Marriage Based Petition and Adjustment of Status Green Card Approval for Japanese Client in Cleveland, OH

CASE: Marriage-Based Adjustment of Status

 

CLIENT: Japanese

 

LOCATION: Cleveland, OH

 

Our Japanese client came to the United States on a J-1 exchange visitor visa to teach Japanese in the United States. She was not subject to the two-year foreign residency requirement. She married a U.S. Citizen in December 2014 and retained our office on February 1, 2015 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 19, 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 May 15, 2015, our client was interviewed at the Cleveland, OH USCIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. On May 27, 2015, her green card application was approved.

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Post image for I-130 and I-485 Marriage Based Petition and Adjustment of Status Green Card Approval for Lithuanian Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

 

CLIENT: Lithuanian

 

LOCATION: Cleveland, OH

 

Our Lithuanian client came to the United States on a B-2 visitor’s visa in 2011. She married a U.S. Citizen in February 2015 and retained our office on March 1, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on March 2, 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 May 21, 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 date of the interview, her green card application was approved.

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Post image for I-539 Change of Status Approval from H-1B (with Gap from Last Day of H-1B to First Program Day on I-20) to F-1 after Successful Response to RFE for Chinese Client in Cleveland, OH

CASE: Change of Status from H-1B to F-1 / Response to RFE

 

CLIENT: Chinese

 

LOCATION: Cleveland, OH

 

Our client has been on H-1B status for many years and has worked in the United States. In late 2014, she decided to study further in the United States and got admitted. She filed her I-539 Change of Status application to change status from H-1B to F-1 to USCIS.

 

However, she received a Request for Evidence for her application and the RFE letter was very extensive and involved multiple issues. In order to receive legal assistance from us, she contacted our office in early April of this year for the response to RFE. Eventually, she retained our office on April 7, 2015.

 

Once retained, we helped our client obtain supporting documents for the Change of Status and prepared the response brief for the RFE. We fully explained her financial ability to pursue her studies in the U.S., her ties to her home country, and maintenance of status.

 

The start date of her program on the I-20 was AFTER her last day at work on H-1B, but it was within 30 days of it. Plus, she filed the change of status before her last day at H-1B.

 

On April 21, 2015, we filed the Response to RFE for her I-539 Change of Status with an extensive response brief and numerous supporting documents.

 

On May, 1, 2015, the Change of Status was approved. Our client is now on F-1 and can start her accounting program soon.

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Post image for Adjustment of Status (Green Card) Approval Based on K-1 Visa for Chinese Client in Columbus Ohio

CASE: Adjustment of Status Based on Approved K-1 Visa
CLIENT: Chinese
LOCATION: Columbus, OH

 

Our client came to the United States in March 2014 as a K-1 visa entrant from China.  Our client is a beneficiary of an approved I-129F petition and came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of entry.  By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible for adjustment of status.   

 

Our client contacted our office initially in the middle of May 2014 and consulted with us for her adjustment of status application.  Eventually, she retained our office, and our firm quickly prepared and filed the I-485 Adjustment of Status Application on June 6, 2014 a few days before her K-1 authorized stay period expired.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  Her Work Authorization Card was issued as well.

 

It is not mandatory for having an adjustment interview for an adjustment applicant based on K-1 visa entry.  However, the USCIS may require an interview to test the validity and bona fide nature of marriage between the Petitioner and Beneficiary.  Fortunately, the USCIS did not ask for an adjustment interview for our client.  On December 4, 2015, her green card application was approved.

 

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