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

Our client is a U.S. citizen who married his wife in India in December 2017.  After the marriage, he came back to the United States and retained our office for the I-130 and immigrant visa filing for his wife. He retained our office on January 24, 2020. Our office prepared and filed the I-130 petition for his wife on February 20, 2020. The I-130 petition was approved by the USCIS on May 1, 2020. 

Once the I-130 petition was approved, we filed the immigrant visa packets to the National Visa Center on October 16, 2020, who in turn forwarded our client’s materials to the U.S. Consulate General in Ciudad Juarez, Mexico. An interview notice was set for the client at the U.S. Consulate General in Ciudad Juarez, and we prepared her for the interview. On February 8, 2022, the interview was conducted.  Eventually, on the same day of the interview, the U.S. Consulate General in Ciudad Juarez, Mexico approved and issued her immigrant visa.

With the approved Immigrant Visa, our client’s wife can come to the United States immediately, and she will get her green card within two months of entry.

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

APPLICANT / BENEFICIARY: Guatemalan

LOCATION: Cleveland, Ohio / San Salvador, El Salvador (Visa Interview)

Our client came to the United States from Guatemala in January 2000 without inspection and admission. He married his LPR wife in January 2011. They have a U.S. citizen daughter together.  His LPR wife filed an I-130 petition for him on December 12, 2016. This I-130 petition was approved on May 17, 2018.

Our client cannot file for adjustment of status application due to his ground of inadmissibility. He needs a waiver of inadmissibility to become a green card holder. Our client was placed in removal proceedings, but with our office’s assistance, his removal proceeding was administratively closed in November 2012 to file a provisional waiver application. 

Under the current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States.

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s LPR wife suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, exceptional hardship to his wife is clearly foreseeable and evident.  His wife has ongoing medical hardships and she would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their children. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Guatemala in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Guatemala, that our client has good employment in the United States, and that his U.S. citizen child and his wife will face extreme financial and emotional difficulties if he is removed.

On November 14, 2018, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States. Eventually, his I-601A waiver was approved on August 12, 2019. 

Once his I-601A waiver was approved, he retained our office again for his immigrant visa processing. Our office prepared and filed his immigrant visa application on November 15, 2019. Also, our office filed the Motion to Re-calendar his case to the Cleveland Immigration Court since his case was administratively closed by the Court in the past. Once his case was re-calendared, we represented him at his master calendar hearing on January 21, 2021. We requested pre-conclusion voluntary departure for our client and the Immigration Judge granted our request. Our client left the United States in late May 2021 and went back to Guatemala in order to comply with the voluntary departure order. However, the US Embassy in Guatemala did not schedule his visa interview due to the COVID-19 pandemic issues and its related case backlogs. Our office sent an expedite request inquiry as well. 

In October 2021, the U.S. Embassy in San Salvador, El Salvador informed our office that they scheduled an immigrant visa interview for our client. Our client went to El Salvador to appear at his interview on November 16, 2021. On November 16, 2021, our client appeared at his immigrant visa interview at the Embassy. Eventually, our client’s immigrant visa was approved on January 7, 2022.  

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

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

 CLIENT: US Citizen Petitioner Husband; Chinese Beneficiary Wife in China

 LOCATION: Petitioner: Cleveland, Ohio; Beneficiary: China

 I-130 FILED: October 10, 2017

 I-130 APPROVED: March 4, 2019

 IV APPROVED: August 5, 2020

Our client retained us to bring his wife over from China. He was born and raised in China, but was naturalized in the United States.

On October 10, 2017, our firm filed the I-130 Petition to the CIS. On March 4, 2019, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get his wife over to the United States.

On January 17, 2020, 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 spouse at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On August 5, 2020, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

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

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

 CLIENT: US Citizen Petitioner Father; Filipino Beneficiary Children in the Philippines

 LOCATION: Petitioner: Daly City, CA; Beneficiary: Manila, Philippines

 I-130 FILED: June 8, 2018

 I-130 APPROVED: February 19, 2019

 IV APPROVED: February 10, 2020

Our client retained us to bring his children over from the Philippines. He was born and raised in the Philippines, but was naturalized in the United States.

On June 8, 2018, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On February 19, 2019, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get his children over to the United States.

On September 17, 2019, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for our client’s children at the U.S. Embassy in Manila, and we prepared them for their interview. On February 10, 2020, the U.S. Embassy in Manila, Philippines approved and issued their immigrant visas.

With the approved immigrant visas, our client’s children can come to the United States immediately, and they will get their green cards within two months of entry.

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

Our client is a U.S. citizen who married his wife in India in October 2018.  After the marriage, he came back to the United States and retained our office for the I-130 and immigrant visa filing for his wife. He retained our office on February 4, 2019. Our office prepared and filed the I-130 petition for his wife on February 11, 2019. The I-130 petition was approved by the USCIS on May 6, 2019. 

Once the I-130 petition was approved, we filed the immigrant visa packets to the National Visa Center on June 27, 2019, who in turn forwarded our client’s materials to the U.S. Embassy in Mumbai, India. An interview notice was set for the client at the U.S. Embassy in Mumbai, and we prepared her for the interview. On December 4, 2019, the interview was conducted.  Eventually, on April 30, 2020, the U.S. Embassy in Mumbai, India approved and issued her immigrant visa.

With the approved Immigrant Visa, our client’s wife can come to the United States immediately, and she will get her green card within two months of entry.

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

APPLICANT / BENEFICIARY: Mexican

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

Our client came to the United States from Mexico in April 2007 illegally without inspection and admission. He married his U.S. citizen wife in April 2016. After they got married, his U.S. Citizen wife filed an I-130 petition for him in June 2016. This I-130 petition was approved on July 29, 2016.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility (entry without inspection and admission). He needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident. His wife has ongoing medical hardships and she would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their child. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Mexico in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Mexico, and that his U.S. citizen child and his wife will face extreme emotional difficulties if he is removed.

On September 19, 2017, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States. Eventually, his I-601A waiver was approved on May 22, 2018. 

Once his I-601A waiver was approved, he retained our office again for his immigrant visa processing. Our office prepared and filed his immigrant visa application on January 10, 2019. In January 2020, the U.S. Consulate in Ciudad Juarez, Mexico informed our office that they scheduled an immigrant visa interview for our client. Our client went back to Mexico to appear at his interview on January 21, 2020. On January 21, 2020, our client appeared at his immigrant visa interview at the Consulate, and the Consulate officer approved his immigrant visa on the same day.

Now, our client successfully came back to the United States with an approved immigrant visa and he will get his green card in a mail within two months.

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

 CLIENT: US Citizen Petitioner Son; Pakistani Beneficiary Parents in Pakistan

 LOCATION: Petitioner: Ohio; Beneficiary: Pakistan

 I-130 FILED: March 9, 2018

 I-130 APPROVED: October 18, 2018

 IV APPROVED: January 13, 2020

Our client retained us to bring his parents over from Pakistan. He was born and raised in Pakistan, but was naturalized in the United States.

On March 9, 2018, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On October 18, 2018, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get his parents over to the United States.

On July 3, 2019, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Embassy in Islamabad, Pakistan. An interview notice was set for our client’s parents at the U.S. Embassy in Pakistan, and we prepared them for their interview. On January 13, 2020, the U.S. Embassy in Pakistan approved and issued their immigrant visa.

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

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

Our client is a U.S. Citizen who married her husband in Egypt in October 2018.  After the marriage, she came back to the United States to work and wanted to file the I-130 petition for her husband in Egypt.  She retained our office in October 2018 and our office prepared and filed the I-130 petition on October 22, 2018. This I-130 Petition was approved by the USCIS in February 2019. Once the I-130 petition was approved, she retained us again to bring her husband to the States via consular processing.

Once retained, we filed the immigrant visa packets to the National Visa Center on April 26, 2019, who in turn forwarded our client’s materials to the U.S. Embassy in Cairo, Egypt. An interview notice was set for the client at the US Embassy in Cairo, and we prepared him for the interview. On November 26, 2019, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Cairo, Egypt 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 months of entry.

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

Our client is a Canadian citizen who married her US Citizen husband in September 2017 in Toronto, Canada. Our client’s husband filed an I-130 petition for our client and this I-130 petition was approved by the USCIS on June 11, 2018. He contacted and retained our office on August 17, 2018 for her immigrant visa processing.

Once retained, we filed the immigrant visa packets to the National Visa Center on August 24, 2018, who in turn forwarded our client’s materials to the U.S. Consulate General in Montreal, Canada. An interview notice was set for the client at the U.S. Consulate General in Montreal, and we prepared her for the interview. On December 13, 2018, the interview was conducted.  The interview went well and after the interview, the U.S. Consulate General in Montreal, Canada approved and issued her immigrant visa.

With the approved Immigrant Visa, our client can come to the United States immediately, and she will get her green card within two months of entry

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

CLIENT: US Citizen Petitioner Daughter; Jordanian Beneficiary Father in Jordan

LOCATION: Petitioner: Ohio; Beneficiary: Amman, Jordan

I-130 FILED: March 29, 2017

I-130 APPROVED: October 25, 2017

IV APPROVED: October 11, 2018

Our client retained us to bring his father over from Jordan. She was born and raised in Jordan, but was naturalized in the United States. Her father took voluntary departure in 2006 to Jordan as a result of his removal proceeding case.

Once retained, on March 29, 2017, our firm filed the I-130 Petition to the CIS.  On October 25, 2017, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get her father over to the United States.

On April 30, 2018, we filed the immigrant visa packet to the National Visa Center who in turn forwarded our client’s materials to the U.S. Embassy in Amman, Jordan. An interview notice was set for our client’s father at the U.S. Embassy in Amman, Jordan, and we prepared him for his interview. On October 11, 2018, the U.S. Embassy in Amman, Jordan approved and issued his immigrant visa.

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