CASE: I-485 Adjustment of Status after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Ukrainian
LOCATION: Los Angeles, CA

Our Ukrainian client came to the United States in March 2010 on a J-1 visa. Her program was not subject to the 2 year foreign residency requirement. She remained in the United States since then. Later, she filed an asylum application to the USCIS and her asylum case was referred to the Los Angeles Immigration Court.

In May 2016, she married her U.S. citizen husband and an I-130 petition was filed for her. While her I-130 petition was pending, the Immigration Judge administrative closed her removal proceedings. Eventually, the I-130 petition was approved in February 2017.

Once the I-130 petition was approved, our client contacted our office to seek a legal representation at the Immigration Court and adjustment of status hearing. She also wanted us to file Request to Join in a Motion to Terminate to USDHS office in Los Angeles, CA.   

Our client retained us on February 20, 2017. Once retained, our office filed Motion to re-calendar to the LA immigration court. Her case was re-calendared on the IJ’s docket and her individual hearing date was scheduled. Later, our office filed Request to Join in a Motion to Terminate to USDHS office in Los Angeles on November 10, 2017. However, the DHS office refused to join in a Motion to Terminate. Thereafter, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the Los Angeles Immigration Court.   

On May 24, 2018, Attorney Sung Hee (Glen) Yu represented our client’s at her Individual Hearing for adjustment of status at the Los Angeles Immigration Court.  Prior to the hearing, Immigration Judge held a pre-trial conference with Attorney Yu and the DHS counsel. During the pre-trial conference, and all of the possible issues were examined. At the conclusion of the conference, DHS agreed not to oppose our Motion to Terminate without prejudice.

Our office filed Unopposed Motion to Terminate without prejudice to USDHS office in Los Angeles, CA on June 21, 2018. On June 29, 2018, the Immigration Judge granted our motion and terminated our client’s case without prejudice.

Our office informed the USCIS that our client’s removal proceeding was terminated. The USCIS scheduled the adjustment of status interview for our client. Prior to the interview, we thoroughly prepared our clients via conference call. On November 19, 2018, our client was interviewed at the Los Angeles, CA USCIS. After the interview, her I-485 application was approved.  Now, our client became a green card holder.

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CASE: I-485 Adjustment of Status / Motion to Terminate Removal Proceedings Based on an Approved I-130 Immediate Relative Spousal Petition

CLIENT: Egyptian

LOCATION: Cleveland, OH

Our client is an Egyptian citizen who came to the U.S. on a B-2 Visitor’s Visa in 2014.   Our client and her US Citizen husband married in April 2013. Her husband filed an I-130 petition for in December 2014; however, while the I-130 petition was pending, our client was placed in removal proceedings due to her overstay. Our client retained our office for the representation at her removal proceedings and the I-130 petition for her. We accompanied them at their I-130 interview on October 5, 2017 at the Cleveland USCIS Field Office and this I-130 petition was subsequently approved by the USCIS on October 13, 2017.  

On November 2, 2017, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS joined Motion to terminate proceedings after our inquiry, and the Immigration Judge granted the Motion to terminate without prejudice in March 2018.  

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 March 23, 2018. 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 at our office. On August 24, 2018, our client was interviewed at the USCIS Cleveland Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on September 10, 2018, her green card application was approved.

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CASE: I-485 Adjustment of Status / Termination of Proceedings
CLIENT: Chinese (Hong Kong)
LOCATION: Cleveland, OH

Our client came to the United States on a valid B-2 visa from Hong Kong in 2002.  Later, she changed her status to F-1 and remained in the United States. She filed an I-485 application as a derivative applicant of her ex-husband in 2007.  However, while the application was pending, our client and her ex-husband were separated. Unfortunately, in 2008, her I-485 adjustment of status application was denied.   She never received the denial notice from the USCIS since she moved to different city in Ohio before her case was denied. Thus, our client never received the Notice to Appear and was not apprised of the fact that she was placed in removal proceedings.  Accordingly, the Detroit Immigration Court issued an in absentia order of removal for our client in August 2010.

In January 2012, our client was picked up by the ICE officers.  She was surprised to find out that she is being held because she had a final order of removal and missed her hearing in August 2010.  She explained her situation, so she was not detained, and was placed on an order of supervision. After this event, our client contacted our firm and eventually retained us in March 2012.  Once we were retained, we asked our client to check with her ex-husband or his relatives whether they received the Notice to Appear for her. We told her that we have to reopen her case first before she can even apply for relief at the Immigration Court.

To rescind the final order, she has to get her case reopened. This is done through a Motion to Reopen filed with the Immigration Judge who gave the final order. Based on this Motion to Reopen, the Immigration Judge can rescind the in absentia order of removal if you are able to show that you did not receive notice of the hearing.

On July 31, 2012, our office filed the Motion to Reopen with the Detroit Immigration Court. Documentation of her address at the date of the final order, a detailed affidavit regarding her addresses and his circumstances around the final order date, documentation of the last address she provided to the immigration service prior to the final order date, and other supporting documents were submitted (20 exhibits). On August 16, 2012, the Detroit Immigration Court granted our motion and reopened our client’s case.

Our client married her Lawful Permanent Resident (LPR) husband in August 2012 in Cleveland, OH. Her husband filed I-130 petition on behalf of her after they got married. Eventually, our client’s I-130 petition was approved in December 2013. Our office represented our client since 2012 for her removal proceeding representations and I-130 filing. Her individual hearing was scheduled at the Cleveland Immigration Court as well.  

In April 2016, our office filed a written request to administratively close our client’s removal proceedings to the DHS Cleveland Office.  In a written brief, our office fully explained that our client’s case is not DHS’s priority for the deportation and explained that our client has I-130 approval, no criminal records, has paid taxes, and has family ties in the United States.  Along with the written brief, our office attached I-485 application and its supporting documents as well.

After the review, the DHS counsel in Cleveland was willing to join in administrative closure of our client’s removal proceedings. In May 2016, the Immigration Judge administrative closed our client’s case.

In August 2017, her husband filed a naturalization application and became a U.S. citizen. Our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on October 24, 2017.

After her proceeding was terminated, our client retained our office again for her I-485 adjustment of status application. Our firm prepared and filed the I-485 Adjustment of Status Application on December 6, 2017.  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 at our office. On June 28, 2018, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu also accompanied our clients. The interview went well, and on July 5, 2018, her green card application was approved.

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CASE: Asylee Adjustment of Status
CLIENT: Chinese
LOCATION: Albany, NY

Our client came to the United States from China on an F-1 student visa, and through our legal assistance, he was granted asylee status in December 2016 at the New York Immigration Court.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status. Around December 2017, one year after he got his asylee status in the United States, our client contacted our office again and sought legal assistance for his adjustment of status.  We prepared and filed his I-485 Adjustment of Status Application on December 19, 2017. Everything went smoothly and the receipt notice and fingerprint appointment all came on time.

Prior to the interview, we thoroughly prepared our client via conference calls. On July 11, 2018, our client was interviewed at the Latham, New York USCIS Field Office. Attorney Sung Hee (Glen) Yu accompanied him at the interview as well.  The interview went well, and after the interview, the USCIS approved our client’s Adjustment of Status application. He is now a permanent resident of the United States.

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Nigerian
LOCATION: New Orleans, LA

Our client came to the United States in January 2009 with an F-1 student visa from Nigeria.  He married a U.S. Citizen in February 2014.  Our client’s wife filed an I-130 petition on behalf of our client, and this I-130 petition was approved by the USCIS New Orleans Field Office in October 2016.  After it was approved, our client contacted our office to seek legal representation at the Immigration Court and adjustment of status hearing. He also wanted us to file a Request to Join in a Motion to Terminate to the USDHS office in New Orleans.  

Our client retained us on February 10, 2017. Once retained, our office filed Request to Join in a Motion to Terminate to USDHS office in New Orleans on March 10, 2017. However, the DHS office refused to join in a Motion to Terminate. Thereafter, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the New Orleans Immigration Court.   

On May 10, 2018, Attorney Sung Hee (Glen) Yu represented our client’s at his Individual Hearing for adjustment of status at the New Orleans Immigration Court.  After the direct and cross examination, the Immigration Judge informed both parties that he will send the written decision. On June 25, 2018, 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: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization Document

APPLICANT / BENEFICIARY: Korean Client in Dayton, OH

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;

As of June 15, 2012, our client was twenty (20) years old.   Also, our client was studying at a college in Dayton, Ohio. Our client went to grade school, middle school and graduated from high school in the United States.  Also, since his last entry to the United States in December 2000, our client never left the United States.  Moreover, he was physically present in the United States on June 15, 2012 and has continuously resided in the United States since December, 2000.  Lastly, 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.  So, our client was clearly eligible for this deferred action case. Eventually, he retained our office and we filed for the deferred action and his DACA was approved in November 2012. He retained us again in 2014 for his DACA renewal and it was extended until December 2017.

In September of 2017, 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 September 25, 2017, our office filed his I-821D and I-765 to the USCIS.  Eventually, on January 11, 2018, the USCIS approved our client’s I-821D and I-765. His DACA status is extended to January 2020.

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CASE: I-485 Adjustment of Status after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Malian
LOCATION: Cleveland, OH

Our client is from Mali who came to the U.S. on an F-1 Student Visa in August 2010 to study. Our client currently resides in the greater Cleveland area with his current U.S. Citizen wife. They were married in January 2015, and retained our office on January 6, 2016 for representation of at the Cleveland Immigration Court. Our client’s wife filed an I-130 Petition for our client with their former immigration lawyer in February 2015.  While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on January 26, 2016 for his initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did the pleading and sought for adjustment of status relief upon the approval of the I-130 petition.

Our client’s I-130 interview was scheduled on June 21, 2016 at the Cleveland USCIS Filed Office.  Prior to the interview, our office thoroughly prepared our client and his wife for the interview at our office. Attorney Yu also accompanied them for their interview. The interview lasted two hours, but the I-130 petition was eventually approved on August 25, 2016.

Once the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on January 5, 2017.  

After his removal proceeding was terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on February 2, 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 at our office. On November 28, 2017, our client was interviewed at the Cleveland, OH USCIS. Attorney Sung Hee (Glen) Yu accompanied our clients as well.  After the interview, his I-485 application was approved.  Now, our client became a green card holder.

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CASE: I-485 Adjustment of Status after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Cameroonian
LOCATION: Atlanta, GA (USCIS) / Memphis, TN (EOIR)

Our Cameroonian client came to the United States in December 1999 on a F-1 student visa. In July 2001, he filed an asylum application to the USCIS, was interviewed by the USCIS, and later his case was referred to the Immigration Court.  Thereafter, a Notice to Appear was issued and our client was placed in removal proceedings. After he got the Notice to Appear, he appeared at his initial master calendar hearing at the Memphis Immigration Court with his previous attorney.

His removal proceedings were continued, but he could not appear at his individual hearing in April 2003 due to the hospitalization.  Thus, the Court found him removable and ordered him removed in absentia.  Later, in April 2011, he filed Motion to Reopen with assistance of his previous immigration counsel.  However, this Motion to Reopen was denied by the Court in July 2011.  Thereafter, he contacted our office to determine whether he can file a Motion to Reopen again.  After the consultation, we explained him that the only way the Court can reopen his case is based on changed country conditions in Cameroon.  It is because our client’s second Motion to Reopen can be considered untimely filed and numerically barred.  After the explanation, our client decided to retain our office and retained us on November 22, 2011 for Motion to Reopen based on changed country conditions.

Under immigration law, if an applicant seeks to make an asylum claim and a final order of removal has been entered and the ninety-day filing deadline for motions to reopen has passed, the BIA and the majority of Circuit Courts have found that the applicant may only file the asylum application through a motion to reopen and only under the “changed country conditions” provision of 8 C.F.R. § 1003.23(b)(4)(i).  Thus, our office prepared the Motion to Reopen based on the changed country conditions in Cameroon.

On March 6, 2012, our office filed the Motion to Reopen with the Memphis Immigration Court. With 15-pages brief, we included a detailed affidavit regarding his involvement in political activist group in Cameroon, several affidavits from his fellow members who confirmed his involvement with the organization.  We claimed that the number of arrests and detentions of his political group members has recently escalated since his original removal hearing in 2003 resulting in changed country conditions.  We also attached a letter from a human rights officer in which he states that he knew our client’s political involvement in Cameroon. Moreover, other supporting documents such as newspaper articles and country report of Cameroon were submitted (24 exhibits).  On March 29, 2012, the DHS filed a Response in Opposition to our Motion.  Nevertheless, on May 2, 2012, the Memphis Immigration Court granted our motion and reopened our client’s case.  

Once his case is reopened, he retained our office again. Our attorney Sung Hee (Glen) Yu appeared at his master calendar hearing via telephonic appearance and his individual hearing was scheduled on September 29, 2014 at the Memphis Immigration Court.

Our client was persecuted and harmed in Cameroon based on his political opinion and movement.  Our client was scared to go back home to Cameroon, fearing that he will be persecuted based on his political opinion. Moreover, our client’s late father and his uncle were mistreated and harmed in Cameroon due to their political opinion as well.

We helped him file his asylum application and represented him in immigration court hearings. We also asked him to provide supporting documents corroborating his claim, some of which were a letter from his family, colleagues and friends in Cameroon. Our firm also did some research on articles related to his claim, and the type of persecution he will experience in Cameroon if sent back.

Our client’s individual hearing was scheduled on September 29, 2014 at the Memphis Immigration Court. Attorney Sung Hee Yu from our firm prepared him extensively. He also represented our client at his Individual Hearing at the Memphis Immigration Court.

Prior to the hearing, Immigration Judge held a pre-trial conference with Attorney Yu and the DHS counsel. During the pre-trial conference, and all of the possible issues were examined. At the conclusion of the conference, withholding of removal was granted. After the hearing, the Immigration Judge granted Withholding of Removal for our client based on his persecution in Cameroon.

In December 2014, our client married his current U.S. citizen wife. He retained our office again for the I-130 petition. Once we were retained, our office prepared and filed the I-130 petition for our client and filed it to USCIS on August 14, 2015.

Our client’s I-130 interview was scheduled on October 3, 2016 at Atlanta USCIS Field Office.  Prior to the interview, our office thoroughly prepared our client and his wife for the interview via conference calls. Attorney Yu also accompanied them for their interview. The interview went well, and the I-130 petition was eventually approved on October 11, 2016.

Once the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Memphis, TN agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on February 24, 2017.  

After his removal proceeding was terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on April 24, 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 via conference call. On November 17, 2017, our client was interviewed at the Atlanta, GA USCIS. Attorney Sung Hee (Glen) Yu accompanied our clients as well.  After the interview, his I-485 application was approved.  Now, our client became a green card holder.

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CASE: 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 visitor in 2002. Soon after her entrance to the U.S., she filed for asylum in the United States.  However, her asylum application was denied by the immigration judge at the Los Angeles Immigration Court in October 2003. She appealed the Immigration Judge’s decision to the Board of Immigration Appeals and the BIA remanded 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. Now, she can file his I-485 adjustment of status application to USCIS to obtain her green card.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Algerian
LOCATION: North Carolina

Our client is from Algeria who came to the U.S. on a F-1 Student Visa in 2010. After he graduated, he overstayed his status. Because of his overstay, he was placed in removal proceedings in Charlotte, NC. His case was administratively closed in August 2014.  

Our client married her U.S. citizen wife in August 2016 in North Carolina. In December 2016, he contacted our office to seek legal assistance for his I-130 petition, representation of his removal proceedings, termination of removal proceedings, and his adjustment of status application with the USCIS.

After we were retained, our office prepared and filed the I-130 petition for our client and filed it to the USCIS on February 27, 2017. This I-130 petition was approved by the USCIS on July 31, 2017 without an interview. Then, our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Charlotte, NC agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on September 21, 2017. Now, he can file his I-485 adjustment of status application to the USCIS to obtain his green card.

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