CASE: I-130 (Response to Notice of Intent to Revoke)

CLIENT: US Citizen Petitioner; Cambodian Beneficiary

LOCATION: Petitioner: Cleveland, Ohio; Beneficiary: Cambodia

Our Chinese client contacted our office in the summer of 2011. He is a U.S. Citizen living in Cleveland, Ohio and sought legal assistance for his wife’s case in Cambodia. When he contacted our office, his wife already had an immigrant visa interview at the U.S. Embassy in Cambodia.  However, her interview did not go well, and the Embassy returned the petition to the USCIS for further review and action on November 1, 2011.  Eventually, the USCIS, based on a request from the U.S. Embassy in Phnom Penh, Cambodia, issued a Notice of intent to revoke his I-130 petition on September 7, 2012.

Our client married his Cambodian citizen wife back in May 2010. Our client met his wife through his sister in March 2010.  Once he married, our client filed an I-130 petition for his wife in June 2010.  On February 7, 2011, the Director of the California Service Center approved the I-130 petition and his wife was eventually interviewed at the U.S. Embassy in Phnom Penh, Cambodia. However, the U.S. Embassy denied her immigrant visa application, and the approved I-130 petition was subsequently returned to the California Service Center by the Department of State for further review and action, and as stated above, the USCIS then issued a Notice of Intent to Revoke.

After our office was retained, we filed a Response to Intent to Revoke on October 3, 2012 with the USCIS California Service Center. Over 200 pages of documents and 20 exhibits were submitted in our response.

In our response brief, we rebutted each and every question that was raised by the USCIS regarding the bona fide nature of our client’s marriage to his wife in Cambodia. As a result, on November 15, 2012, the USCIS determined that they will not revoke our client’s I-130 petition.

Now, after the reaffirmation of the I-130 petition, our client’s wife will get her immigrant visa, and will be reunited with his husband after almost two years.

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CASE: I-130 and Consular Processing
CLIENT: US Citizen Petitioner; Filipina Beneficiary
LOCATION: Petitioner: Seattle, WA; Beneficiary: Manila, Philippines

Our clients are a U.S. citizen husband and his Filipina wife in Seattle, Washington. This success story pertains to the Filipina’s daughter in the Philippines. They haven’t seen each other in years.

They contacted our office initially for a J-1 waiver and eventual green card in December 2010. As our previous success stories showed, she got a J-1 waiver and green card. (Success Story on Waiver, Success Story on Green Card)

Our client has a daughter from her previous marriage in the Philippines. Thus, after she got her green card, her husband decided to petition for his step-daughter for an immigrant visa.

They contacted our office again in February 2012 and retained our office to help bring his step-daughter to the States. It is important to note that an alien cannot adjust his or her status (get a green card) outside the U.S. by filing an I-130 and I-485 simultaneously. Since the client’s step-daughter was not in the United States, our office filed the I-130 to the USCIS first on March 1, 2012.

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 June 25, 2012.

After the I-130 approval, we prepared and filed the immigrant visa packets to the National Visa Center on September 7, 2012, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client’s step-daughter.

On November 9, 2012, the beneficiary went to her interview in Manila. On the same day, the U.S. Embassy in the Philippines approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s step-daughter can come to the United States immediately, and she will eventually get her green card.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other consular processing success stories, please click here.

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CASE: I-130 and Consular Processing (Immigrant Visa)
CLIENT: US Citizen Petitioner Daughter; Chinese Beneficiary Mother in China
LOCATION: Petitioner: Ohio; Beneficiary: China
I-130 FILED: April 8, 2011
I-130 APPROVED: July 14, 2011
IV APPROVED: September 24, 2012

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

On April 8, 2011, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On July 14, 2011, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get her parents over to the United States.

Unfortunately, our client wanted to delay the process due to her father’s serious illness. Her father passed away, but our client still wanted to bring her mother to the United States.

On August 10, 2012, we filed the immigrant visa packets 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 mother at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On September 24, 2012, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two weeks of entry.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other consular processing success stories, please click here.

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

Our client is a U.S. citizen who married his Ghanaian boyfriend in China in 2011. Her husband is an international student in China. She contacted our office in late January 2012 and retained us to bring her husband to the States.

Our office prepared and filed the I-130 to the National Visa Center on February 3, 2012. 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 June 11, 2012.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on July 26, 2012, 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 him for his interview. On September 28, 2012, the U.S. Consulate in Guangzhou, China 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.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other consular processing success stories, please click here.

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CASE: I-130 and Consular Processing for Petitioner’s two minor stepdaughters
LOCATION: Petitioner: New Jersey; Beneficiaries: Jamaica

Our client is a U.S. citizen who married a Jamaican in New Jersey. Through our firm, he filed an I-130 Petition for his wife and his wife eventually obtained her green card. His two minor stepdaughters though were residing in Jamaica.

After his wife got her green card, we filed the immigrant visa petitions for his stepdaughters. We also submitted the packet 3 and 4 immigrant visa packets for them on June 18, 2012.
Their immigrant visa interview was scheduled on August 3, 2012 at the U.S. Embassy in Kingston, Jamaica. The U.S. Embassy in Kingston eventually approved the immigrant visas for his stepdaughters on September 26, 2012.

Our client’s step-daughters can be here in the United States soon and will be reunited with their mother and step-father.

FREE CONSULTATIONS

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CASE: Immigrant Visa Application
ISSUES: Overage, Patriot Act
NATIONALITY: Filipino
LOCATION: California / Philippines

Our Filipina client came to the United States in December 2001 on a tourist visa. Her son was left back in the Philippines. Our client was on her way to permanent residency. Her U.S. Citizen father filed an I-130 petition for her back in 1987, and it was approved in the same year. So priority dates were getting current, and with the law on her side, she was on her way to getting a green card and bringing her son as a derivative.

However in May 2004, the petitioner father died. Our client already overstayed for over a year, and so coming back to the Philippines would give her a ten year bar. She went through several lawyers and was placed in deportation proceedings in Chicago and Los Angeles. She was losing hope.

She retained our firm in November 2010 and through INA 204(l) and Public Law 204(l), after representing her in Chicago and Los Angeles for interviews and court, she finally got her green card on February 15, 2012. Her case was complex, and it was indeed a success story. (Please click here for the success story). So after she got her green card, it was time to bring her son over here. Her son whom she has not seen in over eleven years.

There was a big problem though. Consular processing in Manila takes time. The filing parts are easy. We do those all the time. Other lawyers too. It’s the waiting that takes time – how long Manila schedules an interview. Our client’s son was born July 23, 1991, which meant that he was going to turn 21 in July 23, 2012. He would get a visa soon if immigration still considered him a “child” (under 21 years old). If he was over 21, then the preference category would change, and thus delay the process by a good seven years. So at that point we had to hurry, or come up with a novel argument.

We filed everything that could be filed as quickly as possible. From the I-824, to the immigrant visa payment process, to the immigrant visa application. We called the embassy for interview scheduling, but he was scheduled for August14, 2012. At that point he would be over 21.

So we had to brief the consul about one of the provisions of the Patriot Act, a provision that would still make our client’s son a “child” despite being over 21. This was different from the Child Status Protection Act. Under Section 424 of the Patriot Act, an alien whose 21st birthday occurred after September 2001, and who is the beneficiary of a petition or application filed on or before September 11, 2001, will be considered a “child” for 45 days after the alien”s 21st birthday. Thus, immigrant visa applicants who would otherwise lose status upon attaining 21 but who meet the conditions of section 424 may be issued visas up to 45 days after their 21st birthday.

August 14, 2012 was within 45 days of our client’s son’s 21st birthday, so he was in. We sent a brief to the consul to inform them of our client’s eligibility despite being over 21. We also sent a brief to our client. Unfortunately due to a delay in St. Luke’s processing of his medicals, they had to reschedule his interview. This was frustrating because he was already within the Patriot Act. A rescheduled date past September 6, 2012 (45 day mark) would delay the process by over seven years.

We did everything we can to urge the Consul to schedule an interview before September 6. We called and emailed, even though we knew this was not the how it’s done. We mailed them another packet, explaining the Patriot Act. Finally after about a week, they scheduled the interview on September 4, 2012. He made it by two days.

But his case wasn’t over. He went to his interview the morning of September 4, 2012, and unfortunately was assigned to an officer who had no idea what the Patriot Act is. Fortunately we told our client’s son to bring a copy of the brief, supplementing his supporting documents. The officer said he was not eligible, but took the brief we prepared. He was asked to come back in the afternoon.

We knew he should be in. We knew he should have gotten it. But that’s what you get in consular processing cases, it really depends on which officer you get.

I would not know first hand if he got approved. It was him who will find out once he got back to the consul that afternoon.

I got a call early that morning from his mother. She was so thankful for our work. Her son’s immigrant visa was approved. After eleven years, she’ll finally see her son.

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For other consular processing success stories, please click here.

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CASE: I-601 Hardship Waiver of Inadmissibility
APPLICANT / BENEFICIARY: Cambodia
LOCATION: Phnom Penh, Cambodia

Our client’s wife is a U.S. citizen who resides in Columbus Ohio.  She contacted our office in September of 2011 about her husband’s immigrant visa application which needed an I-601 waiver for his inadmissibility. They married in December 2008 and our client filed an immigrant visa petition for her husband which was then denied in 2011 due to his inadmissibility. Our client’s husband was found inadmissible because he misrepresented his information when he applied for a visitor’s visa to come to the United States in 2003.  He used a different name when he applied for a visitor’s visa and this incident made him inadmissible under Section 212(a)(6)(C)(i) of the INA. (Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible).  Thus, in order to obtain an immigrant visa, our client’s husband needed to have an approved I-601 waiver.

Our client retained us on September 26, 2011 for the I-601 waiver. Our firm thoroughly analyzed whether the I-601 waiver application will likely be successful. Based on her story and surrounding circumstances (hardship to U.S. citizen wife [our client] if our client’s husband is deported or if his wife would accompany him to Cambodia), our office determined that her husband has a good chance of winning the I-601 application.

If someone is found to be inadmissible under Section 212(a)(6)(C)(i) of the INA, INA Section 212(i) provides for a discretionary waiver of the fraud or misrepresentation 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 Section 212(i)(l). In addition to the equities presented, the USCIS may consider the nature of the fraud or misrepresentation.

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 husband’s I-601 application had a good chance since our client’s U.S. Citizen wife from Columbus Ohio suffers from Hepatitis B, Chronic Hepatitis, Bronchitis, and has been going to doctors and hospitals since July 2007.  She also suffers from depression, anxiety, and insomnia due to the hardship of not having a father for her son or a husband to help with the expenses of raising their son.  In the I-601 brief and supporting documents, our office included extensive medical reports from our client. We argued that if our client’s husband is barred to enter the United States, extreme hardship to her is clearly foreseeable and evident. Our client’s wife is required to have continuous medical check-ups with her doctors for her Hepatitis B, Chronic Hepatitis, and Bronchitis. Also, it would be extremely difficult for her to get the same level of medical attention and satisfactory access to medical services in Cambodia in case our client’s wife joins her husband there. Our office also included the U.S. Department of State Travel Advisory Section for Cambodia to highlight the extremely poor medical services in Cambodia.

In our brief, we also argued that our client has maintained strong family ties in the United States, that she will have difficulty in finding the same level of employment in Cambodia, and that their U.S. Citizen son and our client will face extreme financial and emotional difficulties if he is barred to enter to the United States or if our client is forced to relocate to Cambodia with her son.

On February 7, 2012, we submitted our I-601 waiver application to the U.S. Embassy in Phnom Penh, Cambodia which included the brief in support, our client’s medical records, and other documents that demonstrated hardship to her if her husband is barred from coming to the United States.  This application was transferred to the USCIS Field Office in Bangkok, Thailand for adjudication. The I-601 waiver for our client’s husband was approved on March 21, 2012.  Now, without any inadmissible grounds, our client’s husband becomes eligible and will get an immigration visa to come to the United States. Now he can be together with his wife and their son in Columbus Ohio.

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

Our client came to the United States in June 2011 as a K-1 visa entrant from Korea.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her 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 the middle of August and consulted with us for her adjustment of status application. She retained our office on August 23, 2011.  Our firm quickly prepared and filed the I-485 Adjustment of Status Application on August 29, 2011 one week 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 on November 9, 2011.

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 December 5, 2011, her green card application was approved.

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For other marriage-based green card success stories, please click here.

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CASE: I-130 and Consular Processing – Marriage-Petition
CLIENT: US Citizen Petitioner; Chinese Beneficiary
LOCATION: Petitioner: Sacramento, CA; Beneficiary: Hubei, China

Our Chinese client contacted our office in the middle of May 2011. He is a U.S. Citizen living in California and sought legal assistance for his wife’s case in China. The USCIS, based on a request from the U.S. Embassy in Guangzhou, issued an intent to revoke his I-130 petition.
Our client married his Chinese citizen wife back in November 2008. This was the first marriage for both him and his wife. He mentioned that he never even had a girlfriend before, all the time consumed with work and school here in the United States. He is a civil engineer in Sacramento California.

Our client filed an I-130 petition for his wife in January 2009.  On March 20, 2009, the Director of the California Service Center approved the I-130 petition and his wife was eventually interviewed at the U.S. Embassy in Guangzhou. Her U.S. Citizen husband was even there during the interview. However, the U.S. Embassy denied her immigrant visa application, and the approved I-130 petition was subsequently returned to the California Service Center by the Department of State for further review and action. The USCIS then issued a Notice of Intent to Revoke.

After our office was retained, we filed a Response to Intent to Revoke on July 7, 2011 with the USCIS California Service Center. Over 200 pages of documents and 30 exhibits were submitted in our response. On July 21, 2011, the USCIS determined that they will not to revoke our client’s I-130 petition.   After the affirmation of the I-130 petition, the US Consulate in Guangzhou, China set another interview date for our client’s wife for her immigrant visa.  On November 9, 2011, the U.S. Consulate in Guangzhou, China conducted the immigrant visa interview for our client’s wife and simultaneously approved and issued her immigrant visa on the same day.

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. She finally would be able to be with her husband.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For family-based consular processing success stories, please click here.

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CASE: I-130 and Consular Processing – Marriage-Petition
CLIENT: US Citizen Petitioner; Chinese Beneficiary
LOCATION: Petitioner: New York; Beneficiary: Shanghai, China

Our client is a U.S. citizen who married her Chinese girlfriend in China in 2008. He had his marriage ceremony with his wife in the China, and had resided there until December 2010.  When he came back to the United States, he wanted to bring his wife over here. He contacted our office in late January 2011 and retained our office to help bring his wife to the States.  As we explained in previous success stories, an alien cannot adjust his or her status (get a green card) outside the U.S. by filing an I-130 and I-485 simultaneously. Since the client’s wife was not in the United States, and their marriage occurred in China, our office promptly filed the I-130 to the National Visa Center first on April 10, 2011.

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 June 20, 2011.  After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on August 23, 2011, who in turn forwarded the 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 October 31, 2011, 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 weeks of entry.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other consular processing success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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