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

CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our Chinese client came to the United States on a F-1 student visa to pursue her graduate degree in 2010. She married a U.S. Citizen in February 2014 and retained our office on March 3, 2014 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on March 26, 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 as well. On August 19, 2014, our client was interviewed at the Cleveland, Ohio USCIS office.  Attorney JP Sarmiento from our office accompanied our clients as well. On the same day, her green card application was approved.

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Post image for DACA Deferred Action and Work Permit Approval for Ugandan Client in Toledo Ohio

CASE: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization Document

APPLICANT / BENEFICIARY: Ugandan Client in Toledo, OH

The USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases (DACA). According to the USCIS Deferred Action Memorandum, an individual who meets the following criteria may apply for deferred action:

  • Was under the age of 31 as of June 15, 2012;
  • Came to the U.S. before reaching his/her 16th birthday;
  • Has continuously resided in the U.S. since June 15, 2007, up to the present time;
  • Was physically present in the U.S. on June 15, 2012, and at the time of application to the USCIS;
  • Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
  • Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
  • Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;

Our client initially came to the United States in July 1989 on a valid F-2 visa as a derivative of an F-1 Student visa holder when she was only 3 years old.

As of June 15, 2012, our client was twenty-six (26) years old.

Our client also finished high school in the United States.

Also, since her last entry to the United States in July 1989, our client never left the United States.

She was physically present in the United States on June 15, 2012 and has continuously resided here since July of 1989.

Our client has never been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

Accordingly, our client was eligible for this relief.

After she retained our office, we informed her of all supporting documents we would need. Our client sent us supporting documents that proved our client’s education, physical presence in the United States, and her initial entry to the United States. Our office also prepared Form I-821D and I-765, and drafted a detailed cover letter demonstrating why our client should merit this relief.

On November 6, 2013, our office filed her I-821D and I-765 to the USCIS. Eventually, on July 31, 2014, the USCIS approved our client’s I-821D and I-765, good for two years.

Our client can now work and study in the United States lawfully.

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Post image for Green Card Approval Based on Approved I-360 VAWA (Spouse of Abusive USC) for Male Mexican Client in Ohio

CASE: I-485 Adjustment of Status based on approved I-360 Petition

NATIONALITY: Mexican

LOCATION: Ohio

Our Mexican client came to the U.S. in June, 2004. He entered the United States without admission and inspection and he has lived in Ohio since then.

In May 2012, he contacted our office to seek legal representation for his I-360 petition. According to his story, his marital life was tough and he eventually was abused by his spouse.  With his story and other evidence, our office determined that he would be eligible for I-360 self-petition as a spouse of an abusive U.S. citizen.

Our client experienced domestic violence and spousal abuse during his marriage. His wife physically and mentally abused our client throughout the years. Thus, we prepared and filed his I-360 petition, which included 21 exhibits and a detailed brief to the USCIS Vermont Service Center on July 19, 2012.

Despite our client’s thoroughly prepared I-360 application, in June 2013, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more documents to prove his good moral character. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on August 29, 2013.

Eventually, on October 7, 2013, the USCIS Vermont Service Center approved our client’s I-360 petition.

With the approved I-360 petition, our firm prepared and filed the Adjustment of Status Application on April 7, 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 via conference all.

On June 26, 2014, our client was interviewed at the Columbus, OH USCIS.  Attorney Sung Hee (Glen) Yu accompanied our client as well. Eventually, on July 22, 2014, the USCIS approved our client’s adjustment of status application and issued a green card.

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Post image for I-751 Removal of Conditions Approval for Filipina Client in Cleveland Ohio

CASE: I-751

APPLICANT: Filipina

LOCATION: Cleveland, Ohio

Our client contacted our office in February of 2013 regarding her I-751 application.

She is from the Philippines and married a U.S. citizen in September 2011. Through her marriage, she obtained a 2-year conditional green card in April of 2012.  Her conditional residency terminated in April 2014.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office again on February 14, 2014 and our office prepared an I-751 application for our client with bona fide marriage documents.

On March 21, 2014, our office filed an I-751 application to the USCIS with joint bank statements, utility bills, insurance policies, joint lease, joint tax records 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, USCIS issued a Request for Evidence (RFE) on June 16, 2014.  The USCIS requested our client to submit more documentary evidence to prove the bona fide nature of her marriage with her husband. In response to the RFE, our office prepared the response and gathered more joint documentary evidence to demonstrate the bona fide nature of our client’s marriage with her husband during last two years. We filed the RFE response on July 3, 2014 to the USCIS.

Eventually, on July 23, 2014, the USCIS approved our client’s I-751 application and our client received her 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 Green Card Approval for Korean Client in Los Angeles, CA

CASE: Marriage-Based Adjustment of Status

CLIENT: Korean

LOCATION: Los Angeles, CA

Our Korean client came to the United States on a F-1 student visa to pursue her law degree. Currently, she is working as a patent attorney in Los Angeles under her OPT program.

She married a U.S. Citizen in March 2014 and retained our office on March 18, 2014 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 1, 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 as well. On July 22, 2014, our client was interviewed at the Los Angeles, CA USCIS.  On the same day, her green card application was approved.

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

CASE: Marriage-Based I-130 Petition and I-485 Adjustment of Status

CLIENT: Indonesian

LOCATION: Cleveland, OH

Our Indonesian client came to the United States on an H-2B visa in August 2006. Later, he married a U.S. Citizen in March 2014 and retained our office on April 8, 2014 for his adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 18, 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 in our office.

On July 17, 2014, our client was interviewed at the Cleveland, OH USCIS.  Attorney JP Sarmiento from our office accompanied them as well. On the same day, his green card application was approved.

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Post image for I-130 I-485 Green Card Marriage Approval for Visa Waiver Entrant Korean Client in Dayton Ohio

Case: I-130/I-485

Applicant/Beneficiary – Korean

Location: Dayton, OH

Our client entered the United States in January 2014 from South Korea under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) for a couple months. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.

Later, in February, our client and her U.S. citizen boyfriend married in the United States. Her husband contacted our office, and they retained us on March 21, 2014.

One main issue in her green card application through marriage was the fact that she came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability; it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on March 31, 2014.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized period of stay expired. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients. On July 17, 2014, our client was interviewed at the Cincinnati, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  Despite the visa waiver issue, on the same day of the interview, the USCIS approved her green card application.  Now, our client is a green card holder.

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Post image for Immigrant Visa Approval After 601A Provisional Hardship Waiver for Chinese Client in Cleveland Ohio

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

APPLICANT / BENEFICIARY: Chinese

LOCATION: Cleveland, OH / Guangzhou, China (Visa Interview)

Our client came to the United States from China in March 2000 without inspection and admission. When she made her entry to the U.S., she was only 15 year old.

She married her U.S. citizen husband in 2006 and they have a U.S. citizen child together. Through our office, she applied for deferred action (I-821D) and the USCIS approved her application on December 13, 2012.

After her I-821D was approved, her U.S. Citizen husband filed an I-130 petition for her on February 4, 2013. This I-130 petition was approved on March 25, 2013.

However, our client cannot file for adjustment of status application due to her overstay. She thus had a ground of inadmissibility. She needed 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

Last year, 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 husband suffers from a great degree of psychological hardship. Also, his U.S. citizen mother (our client’s mother-in-law) has a mental disease which requires special attention from our client’s husband. In the I-601A brief and supporting documents, our office included extensive medical reports of her husband.  We argued that if she was removed from the United States, extreme hardship to her husband is clearly foreseeable and evident.  Her husband has ongoing psychological hardships and he would not be able to take care of his own needs and the bulk of their family chores, most importantly taking care of their infant children. Also, it would be extremely difficult for him to get the same level of therapy and satisfactory access to medical services in China in case he joins our client there.

In our brief, we also argued that our client and her husband have maintained strong family ties in the United States, that her husband will have difficulty in finding the same level of employment in China, that our client has good employment in the United States, and that his U.S. citizen child and her husband will face extreme financial and emotional difficulties if he is removed.

On October 3, 2013, we filed the I-601A waiver application which included the brief in support, her husband’s extensive psychological examination records, and other documents that demonstrated hardship to her husband if she is removed from the United States.

Eventually, her I-601A waiver was approved on January 27, 2014.

Once her I-601A waiver was approved, she retained our office again for her immigrant visa processing. Our office prepared and filed her immigrant visa application on May 1, 2014. On June 13, 2014, the U.S. Embassy in Guangzhou, China informed our office that they scheduled an immigrant visa interview for our client. Our client went back to China to appear at her interview on July 15, 2014. On July 15, 2014, our client appeared at her immigrant visa interview at the Consulate, and the Consulate officer approved her immigrant visa on the same day.

Now, our client can come back to the United States with an approved immigrant visa and she will get her green card in a mail within two weeks of her entry to the United States.

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Post image for I751 Approval for Indian Client in Cleveland, OH with Waiver of Joint Filing Requirement due to Divorce

CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Indian

LOCATION: Cleveland, OH

Our client contacted our office in early February of 2014 regarding her potential I-751 filing. She came to the United States from India and she married a U.S. Citizen (her ex-husband) in September 2011.

Through her marriage, she was able to obtain a 2-year conditional green card in May of 2012. Thus, her conditional residency terminated in May 2014.

Unfortunately, their marriage ended in April 2013. Our client experienced a lot of difficulties during her marriage with her ex-husband. Thus, our client could not file the I-751 application jointly with her ex-husband.

Once retained, 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. We focused on the supporting documents that she can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.

On February 25, 2014, our office filed the I-751 application with various supporting documents (over 9 exhibits and an affidavit over 3 pages) to demonstrate our client’s bona fide marriage with her ex-husband.

In June 2014, the USCIS scheduled an I-751 interview for our client.

Prior to the interview, our office thoroughly prepared our client at our office and informed her of potential issues at the interview.

On July 10, 2014, our client was interviewed for her I-751 application at the USCIS Cleveland, OH Field Office.  Attorney JP Sarmiento from our office accompanied our client.  The interview was very extensive.  Nevertheless, the USCIS approved our client’s I-751 application on the same day. Now, she has her ten-year green card.

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

CASE: Marriage-Based Adjustment of Status
CLIENT: Sri Lankan
LOCATION: Cleveland, OH

Our Sri Lankan client came to the United States on an F-1 student visa in January 2013. Later, he married a U.S. Citizen in October 2013 and retained our office on April 3, 2014 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 15, 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 in our office. On July 1, 2014, our client was interviewed at the Cleveland, OH USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On the same day, his green card application was approved.

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