CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition

Our client is a Lawful Permanent Resident (Green card holder) who married his wife in Seoul, South Korea in July 2014.  After the marriage, he came back to the United States to work and filed the I-130 (F-2A category) petition for his wife in South Korea. This I-130 Petition was approved by the USCIS in January 2015 (the priority date of this petition was August 4, 2014). Once the I-130 petition was approved, he contacted our office and retained us to bring his wife to the States via consular processing.

Once retained and her priority date became current, we filed the immigrant visa packets to the National Visa Center on June 14, 2016, who in turn forwarded our client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the US Embassy in Seoul, and we prepared her for the interview. On September 8, 2016, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Seoul, South Korea 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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CASE:   Immigrant Visa / I-601A Hardship Waiver of Inadmissibility / I-212 Application for Permission to Reapply for Admission Into the United States After Deportation or Removal

APPLICANT / BENEFICIARY: Ecuadorian

LOCATION: Quito, Ecuador (Visa Interview)

Our client came to the United States from Ecuador in March 1999 without inspection and admission. Later, he married his U.S. citizen wife in 2006. However, removal proceedings were initiated against him in March 2009 as an alien present in the United States without having been admitted or paroled. With our assistance and representation, our client went to all of his court hearings and applied for Cancellation of Removal for Non-LPR. However, the Immigration Judge in the Cleveland Immigration Court denied our client’s application for relief.

After his case was denied, our client’s U.S. Citizen Wife filed an I-130 petition for him and this I-130 petition was approved on January 27, 2014. However, needed 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.

Before the I-130 was approved, our client took voluntary departure from the United States in November 2013 as he tried to get an immigrant visa through consular processing with an I-601 waiver. He went back to Ecuador. Once he returned there, with our legal assistance, we filed his immigrant visa package to the National Visa Center on June 27, 2014.

Our client’s I-601 application had a good chance since our client’s U.S. Citizen 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 Ecuador 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 Ecuador, and that his wife will face extreme financial and emotional difficulties if she joins him in Ecuador.

On February 12, 2015, we filed 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 Ecuador. Later, on November 25, 2015, our office also filed the  I-212 Application for Permission to Reapply for Admission into the United States after Deportation or Removal.

Eventually, his I-601 waiver and I-212 were approved on January 4, 2016. The U.S. Embassy in Quito, Ecuador informed our office that they scheduled an immigrant visa interview for our client. On January 26, 2016, our client appeared at his immigrant visa interview at the U.S. Embassy in Quito, 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 the mail within two months of his entry to the United States.  

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CASE: I-824 (Follow-to-join) based on approved I-140 and Consular Processing (Immigrant Visa)

CLIENT: Filipina LPR Petitioner; Filipino Beneficiary in the Philippines

LOCATION: Petitioner: Michigan; Beneficiary: Manila, Philippines

Our client is a Lawful Permanent Resident who got her green card under EB-2 category with our office’s legal assistance in 2014.  She has a husband, and our client and her husband married before his adjustment of status application was adjudicated. However, her husband was in the Philippines when she got her green card due to his employment. He could have been a derivative applicant at the time of our client’s green card filing, but he was not in the United States at that time. Nevertheless, we told our client that we can do an I-824 and do consular processing for her husband when he wants to permanently move to the United States.

In October 2014, she contacted our office to do an I-824 follow-to-join application to the USCIS so that her husband can file an immigrant visa and come as a derivative beneficiary of the I-140 petition. She retained our office on October 17, 2014 to help bring her husband to the States.

After we were retained, our office filed an I-824 follow-to-join application to the USCIS on October 31, 2014. After the I-824 was filed, everything went smoothly and the receipt notice came on time. The I-824 application was approved by the USCIS on June 29, 2015 and this case was transferred to the National Visa Center.

After the I-824 approval, we filed the immigrant visa packets to the National Visa Center on August 20, 2015 who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for our client at the U.S. Embassy in Manila. On November 10, 2015, our client’s husband appeared at the U.S. Embassy in Manila, Philippines. The interview went well, and eventually, on the same day, the U.S. Embassy in Manila, Philippines approved and issued his immigrant visa.

With the approved Immigrant visa, our client’s husband can come to the United States. He will get his green card within two months.

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CASE: I-130 and Consular Processing (Immigrant Visa)

CLIENT: LPR Father; Chinese Beneficiary Minor Sons in China

LOCATION: Petitioner: Ohio; Beneficiary: China

I-130 FILED: July 19, 2013

I-130 APPROVED: November 14, 2013

IV APPROVED: May 27, 2015

Our client retained us to bring his minor sons over from China. He was born and raised in China, but lives in the United States as an LPR (Green Card holder).

On July 19, 2013, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On November 14, 2013, the I-130 Petitions were approved. However, we could not start the immigrant visa processing because their visa numbers were not available. In April 2014, once their visa numbers were available, we then started the immigrant visa processing phase of trying to get his sons over to the United States.

On April 17, 2014, we filed the immigrant visa packet to the National Visa Center who in turn forwarded our clients’ materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s sons at the U.S. Consulate in Guangzhou, and we prepared them for their interview. On May 27, 2015, the U.S. Consulate in Guangzhou, China approved and issued their immigrant visas.

With the approved immigrant visas, our clients’ sons can come to the United States immediately, and they will get their green cards within two weeks of entry.

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CASE: I-130 and Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Mother; Chinese Beneficiary Minor Son in China

LOCATION: Petitioner: Ohio; Beneficiary: China

I-130 FILED: June 11, 2014

I-130 APPROVED: July 21, 2014

IV APPROVED: June 1, 2015

Our client retained us to bring her minor son over from China. She was born and raised in China, but was naturalized in the United States.

On June 11, 2014, our firm filed an I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On June 21, 2014, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get her son over to the United States.

On March 12, 2015, we filed the immigrant visa packet to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s son at the U.S. Consulate in Guangzhou, and we prepared him for his interview. On June 1, 2015, the U.S. Consulate in Guangzhou, China approved and issued their immigrant visa.

With the approved immigrant visa, our client’s son can come to the United States immediately, and he will get their green cards within two weeks of entry.

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

APPLICANT / BENEFICIARY: Mexican

LOCATION: Ohio / Ciudad Juarez, Mexico (Visa Interview)

Our client came to the United States from Mexico in July 2003 without inspection and admission. When he made his entry to the U.S., he was only 16 year old.

He married his U.S. citizen wife in 2011 and they have a U.S. citizen child together. Through our office’s assistance, his U.S. Citizen wife filed an I-130 petition for him on July 19, 2013. This I-130 petition was approved on January 15, 2014.

However, our client cannot file for adjustment of status due to his ground of inadmissibility. He needs a waiver of inadmissibility to become a green card holder – a 601A provisional waiver.

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 wife suffers from a great degree of medical hardship. Also, his U.S. citizen son has medical hardships as well. 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 husband 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 young 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, 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 August 14, 2014, 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 October 22, 2014.

Once his I-601A waiver was approved, he retained our office again for his immigrant visa processing. Our office prepared and filed his immigrant visa application on November 26, 2014. In February 2015, the U.S. Consulate in Ciudad Juarez, Mexico informed our office that they scheduled an immigrant visa interview for our client. Our client went back to Mexico to appear at his interview on March 5, 2015. On March 5, 2015, our client appeared at his immigrant visa interview at the Consulate, and the Consulate officer approved his immigrant visa on the same day.

Now, our client is back in the United States with an approved immigrant visa and he will get his green card in the mail within two weeks.

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CASE: I-824 (Follow-to-join) based on approved I-140 and Consular Processing (Immigrant Visa)

CLIENT: Korean LPR Petitioner; Korean Beneficiary in South Korea

LOCATION: Petitioner: Seattle, WA; Beneficiary: Seoul, South Korea

Our client is a Lawful Permanent Resident who got his green card through his current employer’s petition. His current employer filed an I-140 petition for him in August 2008 and later this I-140 petition was approved. He filed his adjustment of status application and became a green card holder in July 2013. He has a wife and two U.S. citizen children. Our client and his wife married in August 2011 before his adjustment of status application was adjudicated. However, his wife was in South Korea when he got his green card due to personal circumstances. She could have been a derivative applicant at the time of our client’s green card filing.

Our client was also given wrong advice before. After he got his green card, his previous counsel suggested for him to file an I-130 petition for his wife in South Korea (F2A category). He filed the I-130 petition and just waited for the priority date become current so that his wife can file the immigrant visa.

In May 2014, he contacted our office and explained his situation to our office. Our office immediately told him that he can file an I-824 follow-to-join application to the USCIS so that his wife can file an immigrant visa and come as a derivative beneficiary of the I-140 petition rather than as a beneficiary of the I-130 petition which will take more time. After consultation, he retained our office on May 28, 2014 to help bring his wife to the States.

After we were retained, our office filed an I-824 follow-to-join application to the USCIS on June 2, 2014. After the I-824 was filed, everything went smoothly and the receipt notices came on time. The I-824 application was approved by the USCIS on June 30, 2014 and this case was transferred to the National Visa Center.

After the I-824 approval, we filed the immigrant visa packets to the National Visa Center on August 28, 2014, who in turn forwarded the client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the U.S. Embassy in Seoul. On January 6, 2015, our client’s wife appeared at the U.S. Embassy in Seoul, South Korea. The interview went well, and eventually, on January 8, 2015, the U.S. Embassy in Seoul, South Korea approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s wife successfully came to the United States ten days after the visa issuance.  She will get her green card within two weeks.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition

Our client is a U.S. citizen who married his wife in Bangkok, Thailand in June 2010.  After living years in Thailand, our client would like to come back to the United States with his wife. Therefore, he contacted our office and retained us to bring his wife to the States.

With our office’s legal assistance, our client directly filed the I-130 petition to the USCIS in Bangkok, Thailand on May 14, 2014. After the I-130 was filed, everything went smoothly, and there were no requests for evidence. The I-130 Petition was approved on June 5, 2014.

After the I-130 approval, we prepared the immigrant visa packet of our client’s wife. Once it was finalized, we sent the application to our client who was in Bangkok, and he directly filed the application to the USCIS Bangkok on July 24, 2014.  An interview notice was set for the client at the US Embassy in Bangkok, and we prepared them for the interview. On July 28, 2014, the interview was conducted.  There was a request for evidence regarding Petitioner’s intent to live in the United States, and we responded with several supporting documents. Eventually, on December 23, 2014, the U.S. Embassy in Bangkok, Thailand 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 weeks of entry.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition

CLIENT: US Citizen Petitioner; Filipino Beneficiary in the Philippines

LOCATION: Petitioner: Cleveland OH; Beneficiary: Manila, Philippines

Our client is a U.S. citizen who married his Filipina girlfriend in the Philippines in 2013.  He had his marriage ceremony with his wife in the Philippines in June 2013.  When he came back to the United States, he wanted to bring his wife over here.

He contacted our office in late November 2013 and retained our office to help bring his wife to the States. Since the client’s wife was not in the United States, and their marriage occurred in the Philippines, our office filed an I-130 first on December 17, 2013.

After the I-130 was filed, everything went smoothly and the receipt notices came on time. The I-130 Petition was approved by the USCIS on February 13, 2014.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on August 22, 2014, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Manila. On December 4, 2014, our client’s wife appeared at the U.S. Embassy in Manila, The interview went well, and on the same day, the U.S. Embassy in Manila, Philippines 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 weeks of entry.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition
CLIENT: US Citizen Petitioner; Filipino Beneficiary in the Philippines
LOCATION: Petitioner: New York; Beneficiary: Manila, Philippines

Our client is a U.S. citizen who married her Filipino boyfriend in the Philippines in 2011.  She had her marriage ceremony with her husband in the Philippines in September 2011.  When she came back to the United States, she wanted to bring her husband over here.

She contacted our office in late March 2013 and retained our office to help bring her husband to the States. Since the client’s husband was not in the United States, and their marriage occurred in the Philippines, our office filed the I-130 on April 15, 2013.

After the I-130 was filed, everything went smoothly and the receipt notices came on time. The I-130 Petition was approved by the USCIS on December 5, 2013.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on April 29, 2014, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Manila. On July 16, 2014, our client’s husband appeared at the U.S. Embassy in Manila, Philippines. They then asked for an NBI clearance and CENOMAR, which were eventually submitted. Eventually, on September 23, 2014, the U.S. Embassy in Manila, Philippines approved and issued his immigrant visa.

With the approved Immigrant visa, our client’s husband can come to the United States immediately, and he will get his green card within two weeks of entry.

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