CASE: Adjustment of Status at Removal Proceeding
CLIENT: Nigerian
LOCATION: Newark, NJ

Our client came to the United States in 2004 with a F-1 student visa from Nigeria. He failed to maintain his status and was placed in removal proceedings. He missed his hearing and got an In Absentia order of removal. In November 2015, he retained our office for his Motion to Reopen in Absentia. Our office filed the Motion to Reopen on November 13, 2015. In December 2015, the Houston Immigration Court reopened our client’s case. 

He married a U.S. Citizen in August 2015.  Our client’s wife filed an I-130 petition on his behalf, and this I-130 petition was approved by in August 2016. Once the I-130 petition is approved, our client retained our office again for the representation in his removal proceedings.

Upon retention, office prepared and filed the Motion to Change Venue and the venue was changed from Houston, TX to Newark, NJ.  His case was scheduled to the immigration judge’s docket and our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the Newark Immigration Court.

On April 21, 2022, Attorney Sung Hee (Glen) Yu represented our client at his Individual Hearing for adjustment of status at the Newark Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status.  Our client’s removal proceeding was terminated simultaneously. Now, our client is a green card holder.    

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CASE: Cancellation of Removal for Permanent Residents

CLIENT: Chinese (Green card holder)

LOCATION: Cleveland Immigration Court in Ohio

Our client came to the United States in 1991. He was granted asylum he got his green card in February 1993.  He has been in the US ever since. He has a US Citizen wife, three U.S. Citizen children, and most of his immediate family members are either U.S. Citizens or green card holders. 

Unfortunately he was convicted of felonious assault in 2000. In 2013, he went on an international trip and was stopped by the CBP officer at the port of entry upon his return to the U.S. Because of this conviction, he was inadmissible and was placed in removal proceedings.  In October 2013, our client contacted our office for legal representation. We were retained on October 15, 2013. 

Once retained, we represented our client before Cleveland Immigration Court for his initial master calendar hearing on March 5, 2014. Attorney Sung Hee (Glen) Yu represented him at the hearing and sought cancellation of removal relief for permanent residents.

Under INA Section 240A(a), for a permanent resident to be eligible for Cancellation of Removal, the alien must prove that s/he:

• Has been an LPR (green card holder) for at least five years;
• Has resided in the United States continuously for seven years after having been admitted in any status;
• Has not been convicted of an aggravated felony; and
• Merits a favorable exercise of discretion.

The criteria for favorable exercise of discretion was explained in Matter of C-V-T-, 22 I&N Dec. 7 (BIA 1998). The BIA in C-V-T stated that the factors that the immigration judge must consider when deciding whether to grant cancellation of removal to a lawful permanent resident are as follows:

The positive factors are:

• Family ties in the United States, particularly ties to lawful permanent residents or U.S. citizens;
• Residence of long duration in the U.S. (particularly when the inception of residence occurred at a young age);
• Evidence of hardship to the Respondent and his family if deportation occurs;
• Service in the U.S. armed forces;
• A history of employment;
• Existence of property or business ties;
• Evidence of value and service to the community;
• Proof of genuine rehabilitation if a criminal record exists;
• Other evidence attesting to a Respondent’s good character.

Adverse factors include:

• Nature and underlying circumstances of the grounds of removal;
• The presence of additional significant violations of the Immigration Laws;
• The nature, recency, and seriousness of criminal records; and
• The presence of other evidence has been indicative of a respondent’s bad character or undesirability as a permanent resident of the U.S.

Generally, the immigration judge must weigh the positive factors against the negative factors in exercising her discretion.

After the Master Calendar Hearing, the Court scheduled the individual hearing. However, the case was re-scheduled multiple times and was finally scheduled on October 14, 2021. 

Our firm worked with our client and his friends and family members for the application and supplemental documents. We contacted his family members in other states for supporting documents and letters of support for our client’s case. Some even flew from out of state for the Individual Hearing. 

In preparing our client for the Individual Hearing, Attorney Yu and Ms. Arty Wyneski (our senior paralegal) talked to our client in our office for several hours each time. Obviously the central issue in this case would be whether or not our client’s positive factors outweigh the negative factors. Our firm eventually was able to gather supporting documents and prepared supplemental evidence with multiple exhibits, and arranged them pursuant to the specific elements of Cancellation of Removal eligibility.

At the Individual Hearing on October 14, 2021, Attorney Yu represented our client at the Cleveland Immigration Court in Ohio. Testimony then followed and we questioned our client extensively on the positive factors of his case. Attorney Yu questioned him regarding his length of residence in the U.S., employment history, family issues and hardships to him and his family members (especially his US citizen wife) if he was to be deported to China. Our client was prepared, was very consistent, and was honest in his answers. 

In the end, the Cleveland Immigration Court granted our client’s cancellation of removal relief. It was a tough call and our firm was very happy for our client. He has been here since 1991 but had one bump along the way.  He has reformed and will continue supporting his family.

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Uzbek
LOCATION: Cleveland, OH (EOIR)

Our client came to the United States in September 2006 on a F-1 student visa from Uzbekistan. He failed to maintain his F-1 status in the U.S. and unbeknownst to him, he was placed into removal proceedings. He thus did not appear in Court and had an in absentia final order of removal.  

He married a U.S. Citizen in 2013.  Our client’s wife filed an I-130 petition on behalf of our client, and this I-130 petition was approved by the USCIS in January 2018. Once the I-130 petition was approved, our client filed an I-485 adjustment of status application to the USCIS. However, due to his final order of removal, his case was denied. He filed a Motion to Reopen in absentia order and his case was reopened by the immigration court. 

He retained our office in October 2019 for the representation in his removal proceedings. Once retained, our office prepared and filed the I-485 Adjustment of Status Application, and other supporting documents to the Cleveland Immigration Court.

On April 12, 2021, Attorney Sung Hee (Glen) Yu represented our client’s at his Individual Hearing for adjustment of status at the Cleveland Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal case was terminated simultaneously. Now, our client is a green card holder.   

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CASE:  I-751 / Termination of Proceedings

APPLICANT: Filipina

LOCATION: Solon, OH

Our client contacted our office in July 2018 regarding her removal proceedings representation and I-751 application.

She is from the Philippines and married a U.S. citizen in June 2014. Through her marriage, she obtained a 2-year conditional green card in July 2015.  Her conditional residency terminated in July 2017.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. They filed the I-751 application first; however, her husband filed a divorce against her while the application was pending.  Our client’s initial I-751 application was thus denied. Later on, our client was placed into removal proceedings.

Once retained, our office prepared an I-751 application for our client with other supplemental exhibits including a detailed explanatory brief. On December 19, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, 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.

Our client had to appear for her Master Calendar hearing at the Cleveland Immigration Court on December 17, 2019. Attorney Sung Hee (Glen) Yu represented our client at her initial Master Calendar Hearing and informed the court that our office filed a new I-751 application to the USCIS.  

In December 2019, the USCIS scheduled an interview for our client. On January 28, 2020, our client was requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared her thoroughly at our office and also accompanied them at the interview as well. Eventually, on April 22, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions. 

Once our client received her 10-year green card, our office filed the Motion to Terminate proceedings to the Cleveland Immigration Court on May 1, 2020. As a result of it, on May 5, 2020, the Immigration Judge terminated our client’s removal proceedings. 

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CASE: Asylum

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client, a Chinese asylum seeker in Cleveland, OH, retained us on January 7, 2015 to help him with his asylum case. He came to the United States in August 2014 with a F-1 Student visa from China. He wanted to seek asylum relief with the US Citizenship and Immigration Service.

While he was in China, he was persecuted and mistreated by the government based on his Christianity belief. He is scared to go back home to China, fearing that he will be persecuted again.

We helped him to prepare for his asylum application, going over several drafts until his claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to his asylum claim were addressed. We also asked him to provide supporting documents corroborating his claims. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution that Chinese Christian would suffer.

The asylum application was filed on May 15, 2015 which was within one year of his entry to the United States.  Thereafter, the CIS issued an interview notice for his asylum case, scheduled for November 8, 2018 in Cleveland, OH USCIS Asylum Office. Prior to his interview, our office prepared him thoroughly for his case at our office to make sure he was able to address questions the asylum officer would ask. Attorney Sung Hee (Glen) Yu from our office also accompanied our client at him interview. 

On November 5, 2019, the USCIS approved our client’s asylum case. He is now an asylee and will be eligible to apply for permanent resident status in one year. 

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

APPLICANT / BENEFICIARY: Mexican Client in Butler, IN

As our office explained before on our website, the USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases.  According to the USCIS Deferred Action Memorandum issued in August 2012, 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 August 1995 without inspection and admission through the U.S. / Mexico border when he was only 6 years old.

As of June 15, 2012, our client was twenty-three (23) years old.

Our client also finished high school in the United States in 2008.

Also, since his last entry to the United States in August 1995, our client never left the United States.

He was physically present in the United States on June 15, 2012 and has continuously resided here since August of 1995.

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.

In July of 2019, he retained our office for the renewal of his DACA application again. Despite the elimination of the DACA program at that time, he was still eligible for the renewal. Our client sent us supporting documents that prove our client’s education history, physical presence in the United States, and his 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 July 26, 2019, our office filed his I-821D and I-765 to the USCIS.  Eventually, on September 3, 2019, the USCIS approved our client’s I-821D and I-765. His DACA status is extended to September 2021.

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CASE: Asylum

CLIENT: Chinese

LOCATION: Sandusky, OH

Our client, a Chinese asylum seeker in Sandusky, OH, retained us on July 14, 2015 to help him with his asylum case. He came to the United States in January 2015 with a B-2 visitor’s visa from China. He wanted to seek asylum relief with the US Citizenship and Immigration Service.

While he was in China, he was persecuted and mistreated by the government based on his Christianity belief. He is scared to go back home to China, fearing that he will be persecuted again.

We helped him to prepare for his asylum application, going over several drafts until his claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to his asylum claim were addressed. We also asked him to provide supporting documents corroborating his claims. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution that Chinese Christian would suffer.

The asylum application was filed on July 21, 2015 which was within one year of his entry to the United States.  Thereafter, the CIS issued an interview notice for his asylum case, scheduled for November 2, 2018 in Cleveland, OH USCIS Asylum Office. Prior to his interview, our office prepared him thoroughly for his case at our office to make sure he was able to address questions the asylum officer would ask. Attorney Sung Hee (Glen) Yu from our office also accompanied our client at him interview. 

On August 12, 2019, the USCIS approved our client’s asylum case. He is now an asylee and will be eligible to apply for permanent resident status in one year. 

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Cameroonian
LOCATION: Columbus, OH (USCIS) / Cleveland, OH (EOIR)

Our client came to the United States in December 2013 on a F-1 student visa from Cameroon. Later, she filed an asylum application and her asylum interview was conducted by the USCIS. Her case was referred to the Cleveland Immigration Court and she retained our office for the representation of her removal proceedings in 2017. 

She married a U.S. Citizen in October 2018.  Our client’s husband filed I-130 petition on behalf of our client, and this I-130 petition was approved by USCIS Columbus Field Office in July 2019. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients.   Once the I-130 petition is approved, our office prepared and filed the I-485 Adjustment of Status Application, pre-hearing memorandum, and other supporting documents to the Cleveland Immigration Court.

On August 19, 2019, Attorney Sung Hee (Glen) Yu represented our client’s at her Individual Hearing for adjustment of status at the Cleveland Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status relief. Our client’s removal proceeding is terminated simultaneously. Now, our client becomes a green card holder.    

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CASE: Asylum

CLIENT: Saudi Arabian

LOCATION: Minneapolis MN

Our client, a Saudi Arabian asylum seeker from Minneapolis, retained us on January 12, 2015 to help him with his asylum case. He wanted to seek asylum relief with the US Citizenship and Immigration Service.

While he was in Saudi Arabia, he was persecuted by his religious denomination and later being an atheist. He is scared to go back home to Saudi Arabia, fearing that he will be clearly persecuted again.

We helped him to prepare for his asylum application, going over several drafts until his claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to his asylum claim were addressed. We also asked him to provide supporting documents corroborating his claims. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution that you would suffer in Saudi Arabia if you are not Sunni Muslim.

The asylum application was filed in February 11, 2015. In October 2017, his interview was scheduled.  Prior to his interview, our office prepared him thoroughly for his case over the conference calls to make sure he was able to address questions the asylum officer would ask. Attorney Sung Hee (Glen) Yu from our office also accompanied our client at his interview at the USCIS Field Office in Minneapolis, MN on October 31, 2017.

Eventually, on May 17, 2019, the USCIS Chicago Asylum Office approved our client’s asylum case.

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CASE: Green Card Approval after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: British
LOCATION: Applicant (Dallas, TX area), EOIR (Los Angeles, CA)

Our client is from the United Kingdom who came to the U.S. on a visa waiver in 2002. Soon after her entry to the U.S., she filed for asylum in the United States. Her asylum application was denied at the Los Angeles Immigration Court in October 2003. She has appealed the Immigration Judge’s decision to the Board of Immigration Appeals and the BIA found to remand her case to the Immigration Court in July 2009. Her case was administratively closed by the immigration judge in August 2014.  

Our client married her U.S. citizen husband in December 2013. In August 2014, her husband filed an I-130 petition for her, and this petition was approved in November 2016. In January 2017, she contacted our office to seek legal assistance for the representation of her removal proceedings, termination of removal proceedings, and her adjustment of status application with the USCIS.

In October 9, 2017, our office filed a request to Motion to Re-Calendar and terminate proceedings with an attached I-485 application and its supporting documents to the Los Angeles Immigration Court. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on October 17, 2017.

After her removal proceeding was terminated, our client retained us again for her I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on November 10, 2017. 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 March 25, 2019, our client was interviewed at the Irving, Texas USCIS Field Office.  After the interview, her I-485 application was approved on March 26, 2019. Now, our client became a green card holder.

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