CASE:  I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Liberian

LOCATION: Cleveland, Ohio

Our Liberian client came to the U.S. on a B-2 Visitor’s Visa in October 1996. He remained in the United States after his authorized stay expired. He was a minor at that time.

Because of his overstay, he was placed in removal proceedings in Cleveland, Ohio.

His hearing was coming up when he retained us in January 10, 2011. He just got married to his spouse a few days earlier. We prepared and filed the I-130 petition on his behalf on January 14, 2011.

Attorney Sung Hee (Glen) Yu from our office represented our client at his hearings and sought adjustment of status relief. The I-130 interview was scheduled on August 12, 2011 and our attorney prepared them for the interview and accompanied them as well. The I-130 petition was eventually approved by the USCIS on December 28, 2011.

After the I-130 petition was approved, we 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 July 18, 2012.

After removal proceedings were terminated, our office prepared and filed an I-485 Adjustment of Status Application on October 13, 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 phone.

On April 23, 2013, our client was interviewed at the Cleveland CIS office. Our attorney accompanied them as well. Our client was fully prepared and the interview went well.  On May 2, 2013, his green card application was approved.

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CASE: I-129F Fiancé Petition and Fiancé Visa

PETITIONER: US Citizen in Cleveland, OH

BENEFICIARY: Ukrainian

PETITION FILED: August 2, 2012

PETITION APPROVED: April 22, 2013

Our client, a US Citizen Petitioner, met her Ukrainian fiancé in Ukraine in 2010 and 2011. A few months after he came back to the States, he retained our firm to file a fiancé petition for her.

After consultation, we told him that the petition process may not be easy since they have a 30-year age gap, and due to his previous history of filing fiancé petitions.

So we thoroughly informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on June 18, 2012.

We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on August 2, 2012.

Despite the age gap, and the previous fiancé petitions, there were no requests for evidence, and eventually, on April 22, 2013, the I-129F fiancé petition was approved.

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CASE: Marriage-Based Green Card

CLIENT: Korean

LOCATION: Philadelphia, PA

Our client came to the United States in April 2008 with an F-1 student visa from South Korea. He has remained in the United States and continues to pursue his degree in the U.S.

He married a U.S. Citizen in August 2012 and retained our office on November 22, 2012 for and I-130 petition and I-485 adjustment of status application.  

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on January 22, 2013.  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 conference calls. On April 16, 2013, our client was interviewed at the Philadelphia, PA USCIS office.  Our client’s interview went well, and on the same day, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Brazilian

LOCATION: Cleveland, OH

Our client came to the United States in September 2000 with a B-2 visitors visa from Brazil. She has remained in the United States ever since.

She married a U.S. Citizen in November 2011 and retained our office on April 30, 2012 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on January 18, 2013.  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 April 12, 2013, our client was interviewed at the Cleveland, OH CIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On the same day, her green card application was approved.

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CASE: Marriage-Based Petition and Adjustment of Status
CLIENT: Filipina
LOCATION: Chicago, IL

Our client came to the United States in November 2010 with an H-1B work visa from the Philippines.

She married a U.S. Citizen in June 2012 and retained our office on November 22, 2012 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 5, 2012.  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 conference calls.

On March 13, 2013, our client was interviewed at the Chicago, IL USCIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. On the same day, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Korean
LOCATION: Cleveland, OH

Our client came to the United States in August 2007 with an F-1 Student visa from South Korea.  She married a U.S. Citizen in November 2012 and retained our office on November 6, 2012 for her adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 18, 2012.  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 March 8, 2013, our client was interviewed at the Cleveland, OH USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On the same day, her green card application was approved.

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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: Marriage-Based Adjustment of Status
CLIENT: Kenyan
LOCATION: St. Louis, MO

Our client came to the United States in August 1999 with an F-1 Student visa from Kenya. He overstayed past his visa and remained in the US for the next ten plus years.

He eventually met and later married a U.S. Citizen in January 2010, someone he met at work. They lived together for a while but due to employment reasons, he had to move to Kansas City for a while. That was the main issue for his case when he consulted. He was afraid that their living arrangements would hurt their case.

We understood that living arrangements is a factor that CIS delves into, however, legitimate reasons backed up by other bona fide evidence could overcome this. We thought, considering they maintained joint finances, had occasional visits to each other considering the 4 hour drive, and based on the fact that he had to move due to work, that their case was plausible.

He retained our firm and we prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 20, 2012.  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 conference calls. We explained that they have to emphasize the reason why they had to live separately, which is because of work. We also explained and asked them to bring documentation of the fact that despite them living separately, that they visited each other on certain occasions. We asked them to remember specific details of each visit, and we were certain the officer would ask about this. More importantly, we asked them to bring concrete evidence of their visits, and commingling of finances despite living separately due to work.

On June 19, 2012, our client was interviewed at the St. Louis, MO USCIS office.  As expected, it was not approved immediately and the officer issued a request for evidence. Our firm submitted a response to the request for evidence and another interview was scheduled on November 14, 2012 in St. Louis. Attorney JP Sarmiento from our office accompanied them at this interview. The focus was not when and how they met this time, but solely on the living arrangements, and occasional visits of our client.

On March 4, 2013, the I-130 petition and I-485 adjustment of status application were both approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: British
LOCATION: Pittsburgh, PA

Our client came to the United States in June 2001 with a F-1 Student visa from United Kingdom.  He married a U.S. Citizen in April 2008 and retained our office on August 3, 2012 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 7, 2012.  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 conference calls. On November 26, 2012, our client was interviewed at the Pittsburgh, PA USCIS office. On February 27, 2013, his green card application was approved.

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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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