CASE:  I-751 / Removal Proceedings

APPLICANT: Filipina

LOCATION: Solon, OH

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

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

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

Once retained, our office prepared an I-751 application for our client with other supplemental exhibits including a detailed explanatory brief. On December 19, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. Once the application was filed, the fingerprint notice was issued two weeks later.

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

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

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: Valley View, OH

Our client entered the United States in February 2019 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  He has a U.S. citizen wife whom he married in September 2016. After he entered the United States in February 2019, he remained in the U.S. 

In September 2019, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on September 16, 2019.  One main issue in his green card application through marriage was the fact that he came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Since our client resided in Valley View, Ohio, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  However, it was quite foreseeable that the USCIS field office will exercise its discretion to deny his application because of his visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on September 25, 2019.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared at our office. On January 6, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney JP Sarmiento accompanied our clients.

Though the interview went well, our client received the Request for Evidence for the re-submission of his immigration medical (I-693). He responded with the newly-done medical, and the USCIS approved his adjustment of status application on March 19, 2020.  Now, our client becomes a green card holder.

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CASE: I-751

APPLICANT: Filipino

LOCATION: Winfield, IL

Our client contacted our office in March of 2019 regarding his I-751 application.

He is from the Philippines and he married a U.S. citizen in January 2016. Through his marriage, he obtained a 2-year conditional green card in August of 2017.  His conditional residency terminated in August 2019.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on March 13, 2019, and our office prepared an I-751 application for our client with other supplemental exhibits.

On May 15, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on March 25, 2020, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Litchfield, OH

Our client came to the United States from the Philippines with a B-2 visitor’s visa in July 2019. She married a U.S. Citizen in October 2019 and retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 26, 2019. 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 as well. On March 17, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

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CASE: I-751

APPLICANT: Indian

LOCATION: Winston Salem, NC

Our client contacted our office in February 2019 regarding his I-751 application.

He is from India and he married a U.S. citizen in December 2016. Through his marriage, he obtained a 2-year conditional green card in May of 2017.  His conditional residency terminated in May 2019.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on February 19, 2019, and our office prepared an I-751 application for our client with other supplemental exhibits.

On March 12, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued the Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with his wife. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on March 2, 2020.  

As a result, on March 20, 2020, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Filipina

LOCATION: Corona, California

Our client came to the United States from the Philippines in August 2010 on a C-1 visa (Crewman). She remained in the United States after her entry in August 2010. She married her U.S. citizen husband in February 2017. She retained our office on June 20, 2017 for the I-130 and I-601A waiver filing. We filed an I-130 petition for her in July 2017. This I-130 petition was approved in February 2018.

Our client cannot file for adjustment of status due to her ground of inadmissibility (crewman entry and overstay). She 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 husband suffers from a great degree of hardship. We argued that if she was removed from the United States, extreme hardship to her husband is clearly foreseeable and evident. 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 child. Also, it would be extremely difficult for him to get the same level of economic stability in the Philippines 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 the Philippines, and that he will face extreme emotional difficulties if she is removed.

On February 12, 2019, we filed the I-601A waiver application which included the brief in support, and documents that demonstrated hardship to her husband if our client is removed from the United States. Eventually, her I-601A waiver was approved on March 17, 2020. Now, she can file packet 3 and 4 here in the United States, and would go to the Philippines shortly to get her immigrant visa.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Mechanicsburg, OH

Our client came to the United States from China with a B-2 visitor’s visa in May 2015. After her authorized stay period expired, she remained in the United States.  She married a U.S. Citizen in November 2018 and retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 19, 2019.  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 as well. On March 9, 2020, our client was interviewed at the Cincinnati, Ohio USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Arlington, TX 

Our client came to the United States in May 2018 with a J-1 Exchange Visitor visa from the Philippines.  Her J-1 visa was not subject to the two-year foreign residency requirement, so she could apply for adjustment of status in the United States without a waiver.  She married a U.S. Citizen in June 2019 and retained our office on July 18, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 24, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients via conference calls. On March 13, 2020, our client was interviewed at the Dallas, Texas USCIS Field Office.  Eventually, on the same day of her interview, her green card application was approved. 

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipino
LOCATION: Elmhurst, NY 

Our client came to the United States in September 2013 with a J-1 Exchange Visitor visa from the Philippines.  His J-1 visa was not subject to the two-year foreign residency requirement, so he could apply for adjustment of status in the United States without a waiver.  He married a U.S. Citizen in July 2019 and retained our office on August 21, 2019 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 26, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients via conference calls. On March 6, 2020, our client was interviewed at the New York, NY USCIS Field Office.  Eventually, on the same day of his interview, his green card application was approved. 

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Austin, TX 

Our client came to the United States in July 2018 with a J-1 Exchange Visitor visa from the Philippines.  Her J-1 visa was not subject to the two-year foreign residency requirement, so she could apply for adjustment of status in the United States without a waiver.  She married a U.S. Citizen in July 2019 and retained our office on August 26, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 3, 2019.  Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients via conference calls. On March 5, 2020, our client was interviewed at the San Antonio, Texas USCIS Field Office.  Eventually, on the same day of her interview, her green card application was approved. 

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