CASE: Marriage-Based Adjustment of Status

NATIONALITY: Korean                                                                                                        

LOCATION: Sarasota, FL

Our client is from South Korea who came to the U.S. on an O-1 visa. He is an internationally well-known musician and was working with the Cleveland Orchestra when he contacted our office.  In June 2015, our client married his current U.S. citizen wife.  He retained our office for his green card application in September 2016.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 28, 2016.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

In January 2017, he moved to Sarasota, FL to join his wife who was working there. In November 2017, his interview was scheduled. Prior to the interview, we thoroughly prepared our clients via conference calls. On December 14, 2017, our client was interviewed at the Tampa Florida USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of his interview, his green card application was approved.

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

Our client is a Lawful Permanent Resident (Green card holder) who married his wife in Seoul, South Korea in 2013.  After the marriage, he filed an I-130 (F-2A category) petition for his wife in South Korea. This I-130 Petition was approved by the USCIS in 2015 (the priority date of this petition was September 9, 2014). After the I-130 was approved, their daughter was born in South Korea in December 2015.

In March 2017, he contacted our office and retained us to bring his wife and daughter to the States via consular processing. Once retained, we immediately contacted National Visa Center and informed them that they have a daughter who would like to come to the United States as a derivative applicant of her mother (our client’s wife)’s immigrant visa. The priority date of this petition was already current. Our office filed the immigrant visa packets to the National Visa Center on August 4, 2017, 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 her for the interview. On December 11, 2017, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Seoul, South Korea approved and issued immigrant visas for our client’s wife and daughter.

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

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Russian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Russia who came to the U.S. on a J-1 exchange visitor’s visa in June 2010. She had a complex immigration case, having filed a VAWA I-360 before that got denied, before retaining us. In September 2015, our client married her current U.S. citizen husband.  She retained our office in October 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 29, 2016.  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 January 13, 2017, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu also accompanied our clients. In November 2017, the USCIS issued a Request for Evidence and requested our client to do updated medical / vaccination check-up with the USCIS approved civil surgeon. Our client did it and submitted the sealed result to the USCIS Cleveland Field Office. Eventually, on December 11, 2017, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Korean                                                                                                        

LOCATION: Dayton, Ohio

Our client is from South Korea who came to the U.S. on a B-2 visitor’s visa in May 2017. In July 2017, our client married her current U.S. citizen husband.  After she married, she 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 August 22, 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 via conference calls as well. On December 11, 2017, our client was interviewed at Cincinnati Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from China who came to the U.S. on a B-2 visitor’s visa in March 2017. In July 2017, our client married her current U.S. citizen husband.  After their marriage, she 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 14, 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 as well. On November 29, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

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

Our client is a Lawful Permanent Resident (Green card holder) who married his wife in Jordan in 2014.  After the marriage, he came back to the United States to work and wanted to file an I-130 (F-2A category) petition for his wife in Jordan.  He retained our office in October 2015 and our office prepared and filed the I-130 petition on October 30, 2015. This I-130 Petition was approved by the USCIS in February 2016 (the priority date of this petition was October 30, 2015). Once the I-130 petition was approved, he retained us again to bring his wife to the States via consular processing.

Once retained and her priority date became current, we filed the immigrant visa packets to the National Visa Center on November 14, 2016, who in turn forwarded our client’s materials to the U.S. Embassy in Amman, Jordan. An interview notice was set for the client at the US Embassy in Amman, and we prepared her for the interview. On November 2, 2017, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Amman, Jordan approved and issued her immigrant visa on November 13, 2017.

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: Adjustment of Status / J-1 Hardship Waiver

NATIONALITY:  Kenyan

LOCATION: Maryland

Our client came from Kenya in February 1993 on a valid J-1 visa.  He got his J-1 status as a research scholar and received government funding for his research.  His J-1 status made him subject to the two-year foreign residency requirement. Once his J-1 program was completed, he remained in the United States. Later, he married his current U.S. citizen wife and became a father of two U.S. citizen children. Our client would like to file his adjustment of status application along with his wife’s I-130 petition; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under No Objection Statement or Interest Government Agency (IGA). As mentioned above, our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen wife is experiencing exceptional medical hardships.

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.”

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978).

After he retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On December 17, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen wife’s medical conditions.  On December 18, 2015, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s wife would experience exceptional hardship if our client needs to go back to Kenya for two years.

However, on May 11, 2016, the USCIS issued a Request for Evidence (RFE) for our client’s I-612 case. The USCIS asked our client to submit more evidence to demonstrate the extreme hardship to his U.S. citizen wife if he has to go back to Kenya for 2 years.  On August 2, 2016, our office filed the Response to RFE to USCIS along with additional documents to support the claim of financial and medical hardship including income and expenses, plus more recent medical documents of his U.S. citizen wife evidencing the hardship. Eventually, the USCIS approved his I-612 waiver on October 26, 2016.

Once his J-1 waiver was approved, our client retained our office again for his green card application. Our firm prepared and filed I-130 petition and I-485 adjustment of status application on December 6, 2016. 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 through the conference calls. On July 25, 2017, our client was interviewed at the Baltimore, MD USCIS office.

However, on August 4, 2017, the USCIS issued the Request for Evidence for our client after the interview. The USCIS requested our client to submit the certified court disposition of his previous criminal record. Our client submitted the record to the USCIS on October 19, 2017.

Eventually, on November 2, 2017, his green card application was approved.  

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CASE: Consular Processing (Immigrant Visa)

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

LOCATION: Petitioner: Cleveland, OH; Beneficiary: China

IV APPROVED: October 30, 2017

Our client retained us to bring her mother over from China. She was born and raised in China, but was naturalized in the United States. She retained our office in December 2014, and our office prepared and filed the I-130 petition for her mother on December 5, 2014. This I-130 Petition was approved by the USCIS on April 7, 2015. Once the I-130 petition was approved, we then started the immigrant visa processing phase of trying to get her mother over to the United States.

On May 11, 2016, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate General in Guangzhou, China. An interview notice was set for our client’s mother at the U.S. Consulate General in Guangzhou, China, and we prepared her for her interview.  She did her interview in July 2016, but her case was remained pending until October 2017. On October 30, 2017, she did appear at her second immigrant visa interview.  Eventually, on October 30, 2017, the U.S. Consulate General 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 months of entry.

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