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

APPLICANT / BENEFICIARY: Chinese

LOCATION: Cleveland, OH / Guangzhou, China (Visa Interview)

Our client came to the United States from China in March 2000 without inspection and admission. When she made her entry to the U.S., she was only 15 year old.

She married her U.S. citizen husband in 2006 and they have a U.S. citizen child together. Through our office, she applied for deferred action (I-821D) and the USCIS approved her application on December 13, 2012.

After her I-821D was approved, her U.S. Citizen husband filed an I-130 petition for her on February 4, 2013. This I-130 petition was approved on March 25, 2013.

However, our client cannot file for adjustment of status application due to her overstay. She thus had a ground of inadmissibility. She needed 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

Last year, 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 husband suffers from a great degree of psychological hardship. Also, his U.S. citizen mother (our client’s mother-in-law) has a mental disease which requires special attention from our client’s husband. In the I-601A brief and supporting documents, our office included extensive medical reports of her husband.  We argued that if she was removed from the United States, extreme hardship to her husband is clearly foreseeable and evident.  Her husband has ongoing psychological hardships and he would not be able to take care of his own needs and the bulk of their family chores, most importantly taking care of their infant children. Also, it would be extremely difficult for him to get the same level of therapy and satisfactory access to medical services in China in case he joins our client there.

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

On October 3, 2013, we filed the I-601A waiver application which included the brief in support, her husband’s extensive psychological examination records, and other documents that demonstrated hardship to her husband if she is removed from the United States.

Eventually, her I-601A waiver was approved on January 27, 2014.

Once her I-601A waiver was approved, she retained our office again for her immigrant visa processing. Our office prepared and filed her immigrant visa application on May 1, 2014. On June 13, 2014, the U.S. Embassy in Guangzhou, China informed our office that they scheduled an immigrant visa interview for our client. Our client went back to China to appear at her interview on July 15, 2014. On July 15, 2014, our client appeared at her immigrant visa interview at the Consulate, and the Consulate officer approved her immigrant visa on the same day.

Now, our client can come back to the United States with an approved immigrant visa and she will get her green card in a mail within two weeks of her entry to the United States.

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

CLIENT: US Citizen Petitioner; Honduran Beneficiary

LOCATION: Petitioner: Cleveland, Ohio; Beneficiary: Honduras

Our client contacted our office in late January of this year. He is a U.S. Citizen living in Cleveland, Ohio and sought legal assistance for his wife’s case in Honduras. When he contacted our office, his wife already had an immigrant visa interview twice at the U.S. Embassy in Honduras.  However, her interview did not go well, and the Embassy returned the petition to the USCIS for further review and action on January 15, 2014.  Eventually, the USCIS, based on a request from the U.S. Embassy in Tegucigalpa, Honduras, issued a Notice of intent to revoke his I-130 petition on January 24, 2014.

Our client married his Honduran citizen wife back in June 2012. Our client then filed an I-130 petition for his wife in September 2012.  On December 20, 2012, the USCIS approved the I-130 petition and his wife was eventually interviewed at the U.S. Embassy in Tegucigalpa, Honduras. However, the U.S. Embassy denied her immigrant visa application, and the approved I-130 petition was subsequently returned to the National Visa Center by the Department of State for further review and action, and as stated above, the USCIS then issued a Notice of Intent to Revoke.

After our office was retained, we filed a Response to Intent to Revoke on February 7, 2014 with the USCIS Cleveland Field Office. Over 75 pages of documents and 7 exhibits were submitted in our response.

In our response brief, we rebutted each and every question that was raised by the USCIS regarding the bona fide nature of our client’s marriage to his wife in Honduras. As a result, on April 9, 2014, the USCIS determined that they will not revoke our client’s I-130 petition.

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

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

Our client is a U.S. citizen who married his wife in Busan, South Korea in July 2011.  Later, they had a son who was born in South Korea in March 2012. At the time of marriage and the birth of his son, our client was a green card holder. He became a naturalized the U.S. citizen in August 2012. After the marriage, he came back to the United States to pursue his studies and contacted our office and retained us to bring his wife and son to the States.

Our office prepared and filed two I-130 petitions for his wife and son to the USCIS on January 29, 2013. After the I-130 was filed, everything went smoothly, there were no requests for evidence, and the receipt notices came on time. The I-130 Petitions were approved on March 22, 2013.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on October 18, 2013, who in turn forwarded our client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the US Embassy in Seoul, and we prepared them for the interview. On March 7, 2014, the interview was conducted.  Eventually, on March 26, 2014, the U.S. Embassy in Seoul, South Korea approved and issued their immigrant visas.

With the approved Immigrant visas, our client’s wife and son can come to the United States immediately, and they will get their green cards within two weeks of entry.

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CASE:   I-601 Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Indian

LOCATION: Mumbai, India (Applicant) / North Carolina (I-130 Petitioner / Applicant’s US Citizen wife)

Our client first came to the United States on a valid F-1 visa in May 2007 to attend college in the U.S. Unbeknownst to him, he fell out of status in November 2007. After he found out about this in 2009, he immediately applied for F-1 reinstatement and filed Form I-539 to the USCIS Vermont Service Center in 2009. The USCIS approved his application and reinstated his F-1 status.

After his studies were over, our client was employed and his employer petitioned him for H-1B status in February 2011. The Petition was approved and he started working and paying taxes in accordance with the terms and conditions of his H-1B.

Our client then married his U.S. Citizen wife in India in November 2011.

In February 2012, our client went to the U.S. Consulate in Mumbai, India for his H-1B visa stamping. Over there, the consular officer denied his H-1B visa stamping on his passport and gave him a 221g form, asking for some documents such as tax returns, an approved I-797C letter from H-1B status, and pictures of the work place, pay stubs, and etc.  Our client submitted all of the requested documents, however, when he appeared for his second visa stamping interview, the consulate officer denied his visa and gave him a letter which states that he is inadmissible under the INA Section 212(a)(6)(c), alleging that our client submitted fraudulent documents to obtain immigration benefits or a visa.

Our client did not commit fraud, but instead of appealing the decision, he planned to file a waiver of inadmissibility to re-unite him with his U.S. citizen wife faster. Our client’s wife retained us on April 9, 2013 for the I-601 waiver for her husband. Our firm thoroughly analyzed whether the I-601 waiver application will likely be successful. Based on our client’s story and surrounding circumstances (hardship to U.S. citizen wife) if our client is barred to come to the United States), our office determined that her husband has a good chance of winning the I-601 application as long as it is extensively prepared.

If someone is found to be inadmissible under Section 212(a)(6)(C)(i) of the INA, INA Section 212(i) provides for a discretionary waiver of the fraud or misrepresentation inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA Section 212(i)(l). In addition to the equities presented, the USCIS may consider the nature of the fraud or misrepresentation.

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-601 application had a good chance since our client’s wife (U.S. Citizen) recently had surgery. Also, our client’s wife has always encountered various diseases whenever she goes back to India. She had typhoid and chickenguniya when she visited India in 2011 and 2012. She also suffers depression, anxiety, and insomnia due to the hardship of not having a husband to help with her expenses and provide for her needs.  In the I-601 brief and supporting documents, our office included extensive medical reports of our client’s wife. We argued that if our client is barred to enter the United States, extreme hardship to her is clearly foreseeable and evident. Our client needs consistent and continuous medical check-ups with her doctors for her recent surgery and its related symptoms. Also, it would be extremely difficult for our client’s wife to get the same level of medical care and satisfactory access to medical services in India in case our client’s wife joins our client there.

In our brief, we also argued that our client has maintained strong family ties in the United States and that she will have difficulty finding the same level of employment in India.

On January 2, 2014, we submitted our I-601 waiver application to the USCIS which included a brief in support, our client’s medical records, and other documents that demonstrated hardship to our client’s wife if our client is barred to come to the United States.  The I-601 waiver for our client was approved on February 7, 2014.  Now, without the  inadmissibility ground, our client is eligible for an immigrant visa.

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

CLIENT: Chinese LPR Petitioner in Ohio; Chinese Beneficiary Wife and Daughter in China

LOCATION: Petitioner: Ohio; Beneficiaries: China

Our client retained us to bring his wife and daughter from China to the United States. He is a permanent resident and got married to his wife in 2011. Initially, he retained our office in July 2011 to file the I-130 petitions for his wife. After we were retained, we prepared and filed the I-130 petition for our client’s wife on July 28, 2011. Eventually, this I-130 petition was approved by the USCIS on April 16, 2012.

In April of this year, he retained our office again after the priority date became current for the immigrant visa processing for his wife and his newly born daughter. He retained our office on April 10, 2013.

On June 28, 2013, 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 wife at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On November 20, 2013, after the interview, the U.S. Consulate in Guangzhou, China approved and issued her and her daughter’s immigrant visas.

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

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

CLIENT: Chinese LPR Petitioner in Ohio; Chinese Beneficiary Wife in China

LOCATION: Petitioner: Ohio; Beneficiaries: China

Our client retained us to bring his wife from China to the United States. He is a permanent resident and was married in 2010. He filed the I-130 petition by himself and it was approved. However, he had difficulty with the Immigrant Visa process so he retained our office on March 13, 2013.

On May 20, 2013, 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 wife at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On September 24, 2013, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

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

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

CLIENT: US Citizen Petitioner Son; Chinese Beneficiary Mother in China

LOCATION: Petitioner: Ohio; Beneficiaries: China

I-130 FILED: December 6, 2012

I-130 APPROVED: February 15, 2013

IV APPROVED: September 23, 2013

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

On December 6, 2012, our firm filed the I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On February 15, 2013, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get his mother over to the United States.

On May 22, 2013, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s mother at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On September 23, 2013, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

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

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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 Tbilisi, Georgia in December 2012.  After the marriage, he came back to the United States and contacted our office in early January 2013 and retained us to bring his wife to the States.

Our office prepared and filed the I-130 to the USCIS in January 8, 2013. After the I-130 was filed, everything went smoothly, there were no requests for evidence, and the receipt notices came on time.

The I-130 Petition was approved on March 11, 2013.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on May 24, 2013, who in turn forwarded our client’s materials to the U.S. Embassy in Tbilisi, Georgia. An interview notice was set for the client at the US Embassy in Tbilisi, and we prepared her for the interview. On August 7, 2013, the interview was conducted.  Eventually, on August 30, 2013, the U.S. Embassy in Tbilisi, Georgia approved and issued her immigrant visa.

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

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Case: Immigrant Visa with With Request for Expedited Processing
Client: Syrian
Location: Petitioner: Toledo, OH / Beneficiary: Damascus, Syria

Our client is a U.S. citizen who married his wife in Damascus, Syria in December 2012. After their marriage in Syria, the U.S. citizen husband came back to the United States, and immediately filed an I-130 petition for his wife. He prepared and filed the I-130 himself on February 8, 2013.

The petition was pending when our client contacted our office in the middle of March. Due to the political unrest and violence going on in Syria, his wife’s residence was part of a huge area that was bombed. Multiple deaths transpired and houses got burned, fortunately our client’s wife was one of the few who survived. There were also shots fired by random militia, and it was very pertinent in Syria due to the country’s political turmoil.

Our client was desperate to see his wife and was worried for her safety. So, he wanted to bring her here as soon as he can. He retained our office on March 15, 2013 and we immediately worked on a detailed brief to request expedited processing of our client’s I-130 petition.

According to USCIS standards, all expedited requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expeditious request criteria have been met. The criteria are as follows:

• Severe financial loss to company or individual
• Extreme emergent situation
• Humanitarian situation
• Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
• USCIS error
• Compelling interest of USCIS

In this case, we argued that there was an extreme emergent situation, a humanitarian situation, and a compelling interest by USCIS.  We fully explained the nature of the attack, her situation after the attack, and submitted supporting documents such as pictures of her residence and area.  We sent this request to the USCIS on March 18, 2013.  Eventually, the I-130 was processed quickly and was approved on April 10, 2013.

After the I-130 was approved, we prepared the immigrant visa packet for our client’s wife and our client went to Amman, Jordan for his wife’s Immigrant Visa Interview.  The interview was held on July 17, 2013 at the U.S. Embassy in Amman, Jordan. They went to the interview together, and on the same day, the U.S. Embassy in Syria approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s wife came to the United States last week, and she will eventually get her green card in a mail.

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

Our client is a U.S. citizen who is 70 years old.  He married his wife in China in April 2012.  After the marriage, he came back to the United States and contacted our office in early June 2012 and retained us to bring his wife to the States.

Our office prepared and filed the I-130 to the USCIS in June 19, 2012. After the I-130 was filed, everything went smoothly, there were no requests for evidence, and the receipt notices came on time.

The I-130 Petition was approved by the USCIS on February 18, 2013.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on April 3, 2013, who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for the client at the US Consulate in Guangzhou, and we prepared her for the interview. On May 30, 2013, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

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

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