CASE: Termination of Proceedings based on I-360 Approval

CLIENT: Kenyan

LOCATION: Ohio

Our Kenyan client came to the U.S. on a J-1 Visa in 2004. She overstayed and was placed in removal proceedings two years ago, and she retained our office for legal representation.

When she came in 2004, her visa made her subject to the 2-year foreign residency requirement. As our previous success story explained, this client received an I-612 J-1 waiver approval from the USCIS in January 2012 with our assistance.

Our office then filed her I-360 VAWA petition as a spouse of an abusive U.S. Citizen. Our client experienced domestic violence and spousal abuse while she was married to her ex-husband. Thus, we filed and prepared her I-360 petition, which included 26 exhibits and a detailed brief to the USCIS Vermont Service Center on May 5, 2011. This petition was also reviewed by the Immigration Judge during our client’s Master Calendar hearing and the IJ opined that our client’s I-360 petition was prima facie approvable.

Despite our client’s thoroughly prepared I-360 application, in August 2012, the USCIS Vermont Service Center issued a Request for Evidence (RFE). Specifically, the RFE letter requested our client to submit more medical documents to prove her ex-husband subjected her to extreme cruelty. Moreover, the RFE letter asked our client to submit more notarized affidavits of witnesses. Our client and our office gathered the requested documents, and filed a response to RFE on November 7, 2012 with 13 exhibits.

Finally, on February 22, 2013, the USCIS Vermont Service Center approved our client’s I-360 petition.

With the approved I-360 and I-612 J-1 waiver, our office filed a Request to Join in a Motion to Terminate proceedings to the USICE-DHS Cleveland Office with an attached I-485 application and its supporting documents on April 2, 2013.

On April 6, 2013, the assistant chief counsel of the DHS agreed with us and signed on a joint motion to terminate. On April 9, 2013, our client appeared at the Cleveland Immigration Court for her master calendar hearing.  The Immigration Judge granted the Joint Motion to Terminate and eventually terminated our client’s case without prejudice on the same day.  Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card.

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CASE: Motion to Reopen / Termination of Removal Proceedings

CLIENT: Chinese

LOCATION: New York, NY

Our client came to the United States from China with valid B-2 visitor’s visa in 1996. Within one year of his entry, he filed an I-589 Application for Asylum.

In January 1998, our client had his asylum interview in Rosedale, New York. After the interview, his asylum application was referred to the New York Immigration Court and a Notice to Appear was issued for our client.

Respondent attended his first hearing, but missed his second hearing in December 1998. Respondent said he did not know of his second hearing, and that his attorney never informed him of such. Thus, he missed it.

Our client has remained in the U.S. ever since to take care and raise his U.S. Citizen daughter. He was with his wife who is now a lawful permanent resident.  Over the past decade, his wife had suffered from several medical issues.

Our client then became the beneficiary of an approved I-130 petition filed by his U.S. Citizen daughter. However, he could not adjust his status based on this I-130 petition due to his final order of removal.

Prior to retaining our office, our client tried to reopen his case with the Immigration Court through two other immigration lawyers in New York; however, both were not successful.

We reviewed his case and informed him that reopening will be tough because previous lawyers have tried twice and were denied. We told him that if we were to do it, we plan to emphasize the medical hardships of his wife and also technically address the ineffective assistance of counsel issue, by having him do all necessary steps, from the bar complaint, to proper notification, and others. He agreed.

On December 8, 2011, our client retained our office to do another Request to Join in a Motion to Reopen.

Once retained, our office extensively prepared and gathered documents for our client’s request to join in a Motion to Reopen with the DHS.  As set for forth in Bo Cooper’s May 17, 2001 Memorandum, in determining whether to join in a Motion to Reopen, the INS (now the DHS) should consider the following factors: (1) whether adjustment of status was available at the prior hearing; (2) whether the alien is statutorily eligible for adjustment of status; and (3) whether the alien merits a favorable exercise of discretion.

In considering these factors, as delineated in William J. Howard’s October 24, 2005, Memorandum, “where a motion to reopen for adjustment of status… is filed on behalf of an alien with substantial equities, no serious criminal or immigration violations, and who is legally eligible to be granted relief except that the motion is beyond the 90-day limitation contained in 8 C.F.R. Section 1003.23, strongly consider exercising prosecutorial discretion and join in this motion to reopen to permit the alien to pursue such relief to the immigration court.”

Thus, we argued that if our client’s case is reopened, he will be prima facie eligible to adjust his status.  In our brief, we argued that our client had substantial equities considering the medical records of his wife and legal status of both his wife and daughter.

Our client had no criminal records and his immigration violation was for overstaying his legal entry.  Despite his overstay, our client still filed for asylum within one year of his entry to the United States. We pointed out that our client was not informed of his immigration hearing due to the ineffective assistance of his previous immigration counsel. We also pointed out that his daughter is a world class pianist who has perfumed in several prestigious events.

On July 11, 2012, our office filed the Request to Join in a Motion to Reopen to the Office of Chief Counsel in New York, NY.  In an 11-page brief, we pointed out several factors from his detailed affidavit regarding his immigration history and equities. Several affidavits from his family members were also included.

We also included over 200 pages of supporting documents to show his wife’s medical issues, his prima facie eligibility for adjustment of status if his case was reopened, and Lozada compliance documents.

On December 4, 2012, after two tries by our client with two other lawyers, the New York DHS-ICE office agreed to join in the motion to reopen for the sole purpose of having the Court terminate the case without prejudice to allow our client to seek adjustment of status.

Once we got consent from the DHS, our office prepared and filed a Motion to Reopen and Motion to Terminate to the Board of Immigration Appeals on December 21, 2012.  Eventually, the Board of Immigration of Appeals granted our Motions on March 5, 2012.  Now, our client’s final order of removal is rescinded, and he can file an I-485 adjustment of status application based on the approved I-130 petition to the USCIS directly.

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CASE: Adjustment of Status in Removal Proceedings / Administrative Closure
CLIENT: Filipinos
LOCATION: Charlotte, NC (EOIR) / Charleston, SC (USCIS)

Our clients came to the United States in November 2011 with K-1 and K-2 visas from the Philippines (mother and four children).

In 2005, our clients adjusted status in the United States and became green card holders.  However, in January 2011, the DHS issued a Notice to Appear against our clients. The NTA alleged that the mother’s marriage to her U.S. citizen husband (they divorced in 2006) was fraudulent, and so the allegations made them removable from the United States. They were placed in deportation proceedings at the Charlotte Immigration Court.

Once the NTAs were issued, our client’s family contacted our office for legal assistance and retained our office on February 16, 2011.

On May 2, 2011, Attorney Sung Hee (Glen) Yu from our office represented our client and her family members at their initial master calendar hearings at the Charlotte Immigration Court.

Mr. Yu first denied some of alleged factual allegations on their NTAs and requested a removability hearing.

Before that hearing, the government submitted their evidence to prove removability. It was substantial, with multiple exhibits and several proofs that made it extremely hard for all of our clients to overcome removability. In August 2011, the removability hearing was held, but due to the evidence presented by the government, which included email correspondence by Respondent as submitted by her ex-husband, the Immigration Judge found the mother removable under the alleged fraud charge.

The mother’s case as she knew was weak, but she explained to us beforehand that she wanted to save her four children. She just wanted them to remain in the US and preserve their future. She worked hard to support them here.

We argued that the mother’s fraud should not be imputed to her children. After testimony and closing, our client’s mother was granted for Voluntary Departure and she eventually complied with the court’s order. More importantly, the court also dropped all fraud charges for all her kids. That was huge.

Our client (the eldest daughter) then married her U.S. Citizen husband in February 2011.  Our client’s husband filed an I-130 petition on behalf of our client in August 2011, and this I-130 petition was approved by the USCIS Charleston Field Office in February 2012. Once her I-130 was approved, our office informed the Court and sought adjustment of status based on this I-130 petition.  Her siblings sought a waiver under INA Section 212(k) as well and the Immigration Judge found that they were eligible to file this waiver.

After several hearings in between, the 7^th hearing came up – the individual hearing.

On March 4, 2013, Attorney Glen Yu represented our clients at their Individual Hearing. One of them for adjustment of status. The three other children had borderline cases with no immediate relief, and the best thing for them was administrative closure, in which they get to stay and work in the United States.

Our office and the DHS communicated with each other, and both moved for administrative closure for our the three siblings.

On March 4, 2013, the Immigration Judge granted our joint motion and administratively closed the three sibling’s cases.

For the eldest sister, during the adjustment of hearing, there were the direct and cross examinations regarding her adjustment of status application. Eventually, the Immigration Judge approved our client’s adjustment of status relief. Our client’s removal proceedings were terminated simultaneously. After seven hearings, our client is finally a green card holder while her siblings all got their deportation cases administratively closed.

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CASE: Motion to Reopen / I-130 approval / Termination of Proceedings

CLIENT: Moldovan

LOCATION: Baltimore, MD (EOIR) / Fairfax, VA (USCIS)

Our client came to the United States from Moldova in 2008 with her ex-husband.  While they were residing at the Baltimore area, her ex-husband filed an asylum application to the USCIS.  Our client was a derivative applicant for this asylum application.  Later this case was referred to the Baltimore Immigration Court and removal proceedings were initiated against our client and her ex-husband.  While this asylum application was pending at the Immigration Court, our client and her ex-husband got a divorce due to marital difficulties.  Her previous immigration lawyer filed a Motion to Deconsolidate, but our client never got a response from her previous attorney nor the Court regarding the possible deconsolidation.

Her individual hearing was scheduled in May 2011, but she was not informed of this date.  She later learned that she had a final order of removal because of her absence from her ex-husband.  Once she learned about that, she contacted our office for legal assistance. We advised her that we can file a Motion to Reopen in absentia order of removal based on exceptional circumstances. She retained our office on August 15, 2011.

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 proper notice of the hearing. If the Notice to Appear or hearing notice was sent to the wrong address for example, and not the last address you provided to the immigration service, then there’s a good basis for a Motion to Reopen.

On August 18, 2011, our office filed the Motion to Reopen with the Baltimore Immigration Court. Documentation of her address at the date of the final order, a detailed affidavit regarding her addresses and her circumstances around the final order date, documentation of her medical appointment on the day of hearing, the last address she provided to the immigration service and to the Immigration Court prior to the final order date, and other supporting documents were submitted (12 exhibits). Eventually, on September 23, 2011, the Baltimore Immigration Court granted our motion and reopened our client’s case.

Our client’s divorce was finalized on August 11, 2011.  After her case was reopened, she married her current U.S. citizen husband in July 2012.  Her U.S. citizen husband filed an I-130 petition on behalf of our client on August 16, 2012 with our legal assistance and they appeared at the I-130 interview on December 18, 2012 at the Fairfax, VA USCIS Field Office.  Prior to the interview, our office thoroughly prepared our client and her husband for the interview.  Although the interview was intensive, on January 9, 2013, the I-130 petition is approved.

After the I-130 was approved, our office filed a Motion to Terminate proceedings with an attached I-485 application and its supporting documents on January 30, 2013.  On February 13, 2013, our client appeared at the Baltimore Immigration Court for her initial master calendar hearing after the reopening of her case.  Attorney Sung Hee (Glen) Yu from our office represented our client at the hearing and sought termination before Immigration Judge.  The Immigration Judge granted our Motion to Terminate and eventually terminated our client’s case without prejudice on the same day.  Now, she can file her I-485 adjustment of status application with USCIS to obtain her green card.

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CASE: I-360 Petition

NATIONALITY:Kenyan

LOCATION: Ohio

Our Kenyan client came to the U.S. on a J-1 Visa in 2004.  She overstayed and was placed in removal proceedings two years ago, and she retained our office for legal representation.

When she came in 2004, her visa made her subject to the 2-year foreign residency requirement.  As our previous success story explained, this client received an I-612 J-1 waiver approval from the USCIS in January 2012 with our assistance.

Our office then filed her I-360 petition as a spouse of an abusive U.S. Citizen. Our client experienced domestic violence and spousal abuse while she was married to her ex-husband.  Thus, we filed and prepared her I-360 petition, which included 26 exhibits and a detailed brief to the USCIS Vermont Service Center on May 5, 2011.  This petition was also reviewed by the Immigration Judge during our client’s Master Calendar hearing and the IJ opined that our client’s I-360 petition is prima facie approvable. Nevertheless, our client’s I-360 petition was pending for a while.

Despite our client’s thoroughly prepared I-360 application, in August 2012, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more medical documents to prove her ex-husband subjected her to extreme cruelty. Moreover, the RFE letter asked our client to submit more notarized affidavits of witnesses. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on November 7, 2012 with 13 exhibits.

Finally, on February 22, 2013, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360 and I-612 J-1 waiver, our client may now seek termination of her removal proceedings at the Immigration Court.  Once that is done, she can file her I-485 adjustment of status application to the USCIS directly.

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CASE: Termination of Removal Proceedings Based on Approved I-130 Petition

CLIENT: Filipina

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a B-2 Visitor’s Visa in March 2009. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings in Cleveland, Ohio.

Our client married her U.S. citizen husband in April 2011 in Ohio. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in June 2012. Unfortunately, after being in Court prior to our retention about 4 to 5 times, she could not get her case terminated.

She contacted our office around September 2012 to seek legal assistance. She retained our office in October 1, 2012.

After our office was retained, we prepared and filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents to the Cleveland Immigration Court. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on February 5, 2013. Now, she can file her 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: Chinese

LOCATION: Cincinnati, Ohio (USCIS) / Cleveland, Ohio (EOIR)

Our client is a Chinese citizen who came to the U.S. on a B-2 Visitor’s Visa in December 2005. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings, which was initiated at the Los Angeles Immigration Court in California.

Our client married his second husband in December 2011 in Ohio. She initially contacted our office for a Change of Venue to Cleveland.  She retained our office on January 12, 2012.

We then filed a Motion for Change of Venue from Los Angeles to Cleveland on behalf of our client. The Immigration Judge granted the Motion and her case was transferred to the Cleveland Immigration Court.

Our office then prepared and filed an I-130 Petition with a lot of bona fide marriage evidence on January 26, 2012. The petition also included a bona fide marriage exception letter.

While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on January 25, 2012 for her initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented her at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition.

Our client’s I-130 interview was scheduled on October 29, 2012 at the Cincinnati USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his husband for the interview. Attorney Yu also accompanied them at their interview. The interview lasted one hour, our clients were separated, but the I-130 petition was eventually approved on December 8, 2012.

After the I-130 was approved, 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 February 12, 2013. Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card.

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CASE: I-485 Approval
CLIENT: Indonesian
LOCATION: Cleveland, Ohio

Our client came to the U.S. on a valid B-2 visa from Indonesia in March 2003. Our client had a final order of removal after his asylum case was denied at the Cleveland Immigration Court and then by the BIA.

In December 2011, our client married his U.S. Citizen wife and through our office, filed an I-130 petition on January 3, 2012. Unfortunately, our client was picked up by Immigration and Customs Enforcement due to his final order. So after we obtained the I-130 receipt notice, even before the I-130 was approved, we filed a Motion to Reopen on January 10, 2012, within the 90-day deadline for filing Motions to Reopen with the BIA.

Eventually, the BIA granted our client’s Motion to Reopen on February 8, 2012, and remanded it to the Immigration Judge to allow our client to apply for adjustment of status (green card). Our client got out of jail.

Our client’s I-130 interview was scheduled on July 23, 2012 at Cleveland USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his wife for the interview. Attorney Sarmiento also accompanied them for their interview. The I-130 petition was eventually approved the next day.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with a copy of the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings at our client’s Master Calendar hearing on November 7, 2012. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice.

Once his case was terminated by the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on November 27, 2012, together with other necessary forms and supporting documents. 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 over the conference all.

On February 7, 2013, our client was interviewed at the Cleveland CIS office. Our client was fully prepared and the interview went well.  On the same day, his green card application was approved.

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Now that immigration reform plans have been broadly laid out by President Obama, the actual process of hopefully having one has started. As much as immigration reform is considered to be a major issue in President Obama’s recent speeches, the House Judiciary Committee fears that it would be very difficult to pass the reform. Committee Chairman Bob Goodlatte even described the path to citizenship as an “extreme” move.

Goodlatte showed his concerns as he asked San Antonio Mayor Julian Castro during the first immigration hearing of the 113^th Congress whether there were other options to extreme mass deportation and an eventual pathway to citizenship for those “without papers”.

There will be another hearing to be held next week and it is expected to be a much different one than what just recently concluded. Sen. Patrick Leahy, D-Vt., is the chair to that committee and he supports a comprehensive approach to these immigration issues.

Source: USA Today

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President Obama outlined his four part plan for comprehensive immigration reform of few days ago in Las Vegas. The President’s announcement focused on finding ways to welcome hopeful immigrants who still look at America as the land of opportunity.

President Obama also highlighted the existence of bipartisan support which the U.S. has not seen in many years, which should be very crucial in implementing President Obama’s plans.

The President proposed four parts for his immigration reform.

“First, continue to strengthen our borders. Second, crack down on companies that hire undocumented workers. Third, hold undocumented immigrants accountable before they can earn their citizenship; this means requiring undocumented workers to pay their taxes and a penalty, move to the back of the line, learn English, and pass background checks. Fourth, streamline the legal immigration system for families, workers, and employers.”

Though the outline is very general, the fact that immigration has been at the forefront of his political agenda right at the start of his second term is a welcoming sign.

Source: WhiteHouse.Gov

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