CASE: I-360 Petition

NATIONALITY:Kenyan

LOCATION: Ohio

Our Kenyan client came to the U.S. on a J-1 Visa in 2004.  She overstayed and was placed in removal proceedings two years ago, and she retained our office for legal representation.

When she came in 2004, her visa made her subject to the 2-year foreign residency requirement.  As our previous success story explained, this client received an I-612 J-1 waiver approval from the USCIS in January 2012 with our assistance.

Our office then filed her I-360 petition as a spouse of an abusive U.S. Citizen. Our client experienced domestic violence and spousal abuse while she was married to her ex-husband.  Thus, we filed and prepared her I-360 petition, which included 26 exhibits and a detailed brief to the USCIS Vermont Service Center on May 5, 2011.  This petition was also reviewed by the Immigration Judge during our client’s Master Calendar hearing and the IJ opined that our client’s I-360 petition is prima facie approvable. Nevertheless, our client’s I-360 petition was pending for a while.

Despite our client’s thoroughly prepared I-360 application, in August 2012, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more medical documents to prove her ex-husband subjected her to extreme cruelty. Moreover, the RFE letter asked our client to submit more notarized affidavits of witnesses. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on November 7, 2012 with 13 exhibits.

Finally, on February 22, 2013, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360 and I-612 J-1 waiver, our client may now seek termination of her removal proceedings at the Immigration Court.  Once that is done, she can file her I-485 adjustment of status application to the USCIS directly.

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Case: I-130/I-485
Applicant/Beneficiary – German
Location: Memphis, TN

Our client entered the United States in November 2010 from Germany under the visa waiver program. He came here to visit his U.S. citizen girlfriend (now his wife). As a Visa Waiver Entrant, he was only authorized to remain in the United States only for 90 days.

Later, in April 2011, our client and his U.S. citizen girlfriend married in the United States. His wife contacted our office, and they retained our office on July 8, 2011.  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 Memphis, Tennessee, 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 November 8, 2012.  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. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On February 19, 2013, our client was interviewed at the Memphis, Tennessee USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved his green card application on the same day.  Now, our client is a green card holder.

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CASE: Termination of Removal Proceedings Based on Approved I-130 Petition

CLIENT: Filipina

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a B-2 Visitor’s Visa in March 2009. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings in Cleveland, Ohio.

Our client married her U.S. citizen husband in April 2011 in Ohio. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in June 2012. Unfortunately, after being in Court prior to our retention about 4 to 5 times, she could not get her case terminated.

She contacted our office around September 2012 to seek legal assistance. She retained our office in October 1, 2012.

After our office was retained, we prepared and filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents to the Cleveland Immigration Court. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on February 5, 2013. Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Chinese

LOCATION: Cincinnati, Ohio (USCIS) / Cleveland, Ohio (EOIR)

Our client is a Chinese citizen who came to the U.S. on a B-2 Visitor’s Visa in December 2005. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings, which was initiated at the Los Angeles Immigration Court in California.

Our client married his second husband in December 2011 in Ohio. She initially contacted our office for a Change of Venue to Cleveland.  She retained our office on January 12, 2012.

We then filed a Motion for Change of Venue from Los Angeles to Cleveland on behalf of our client. The Immigration Judge granted the Motion and her case was transferred to the Cleveland Immigration Court.

Our office then prepared and filed an I-130 Petition with a lot of bona fide marriage evidence on January 26, 2012. The petition also included a bona fide marriage exception letter.

While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on January 25, 2012 for her initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented her at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition.

Our client’s I-130 interview was scheduled on October 29, 2012 at the Cincinnati USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his husband for the interview. Attorney Yu also accompanied them at their interview. The interview lasted one hour, our clients were separated, but the I-130 petition was eventually approved on December 8, 2012.

After the I-130 was approved, our office 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 February 12, 2013. Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card.

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CASE: Marriage-Based Adjustment of Status.

NATIONALITY:Indonesian

LOCATION: Cleveland, OH

Our client is from Indonesia who came to the U.S. on a J-1 Visa in July 2007.  He came to the U.S. for business training, but his J-1 program was subject to two-year foreign resident requirement. He overstayed.

In June 2012, our client married his U.S. Citizen wife.  He is eligible to get a green card through his marriage, but he had to get a waiver of his two-year foreign residency requirement first. In order to get a waiver of his two-year foreign residency requirement, he consulted with our office and later decided to retain our office on June 26, 2012.

As our previous success story explained, our office worked on our client’s J-1 waiver. Eventually, the Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 16, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS issued an I-612 approval notice for our client’s waiver of two-year foreign residency on November 19, 2012.

After we received the I-612 waiver, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on November 29, 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 February 13, 2013, our client was interviewed at the Cleveland USCIS office.  We accompanied our client at his interview as well.  On the same day, his green card application was approved.

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CASE: I-485 Approval
CLIENT: Indonesian
LOCATION: Cleveland, Ohio

Our client came to the U.S. on a valid B-2 visa from Indonesia in March 2003. Our client had a final order of removal after his asylum case was denied at the Cleveland Immigration Court and then by the BIA.

In December 2011, our client married his U.S. Citizen wife and through our office, filed an I-130 petition on January 3, 2012. Unfortunately, our client was picked up by Immigration and Customs Enforcement due to his final order. So after we obtained the I-130 receipt notice, even before the I-130 was approved, we filed a Motion to Reopen on January 10, 2012, within the 90-day deadline for filing Motions to Reopen with the BIA.

Eventually, the BIA granted our client’s Motion to Reopen on February 8, 2012, and remanded it to the Immigration Judge to allow our client to apply for adjustment of status (green card). Our client got out of jail.

Our client’s I-130 interview was scheduled on July 23, 2012 at Cleveland USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his wife for the interview. Attorney Sarmiento also accompanied them for their interview. The I-130 petition was eventually approved the next day.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with a copy of the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings at our client’s Master Calendar hearing on November 7, 2012. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice.

Once his case was terminated by the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on November 27, 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 conference all.

On February 7, 2013, our client was interviewed at the Cleveland CIS office. Our client was fully prepared and the interview went well.  On the same day, his green card application was approved.

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CASE: I-485 approval under the INA 245(i) provision
CLIENT: Indian
LOCATION: Kentucky

Our client is from India who came to the U.S. on a B-2 visitor’s visa in September 2002. Since that time, she never left the United States.

In December 1986, our client’s uncle filed an I-130 (fourth preference) petition for her father.  This I-130 petition was approved.  At the time the I-130 Petition was approved, our client was a minor and was a derivative beneficiary. Our client was not able to immigrate on that petition though because she aged out.

Later, our client’s father filed an I-130 petition on her behalf on January 9, 2006.  This Petition was approved in the same year.

Our client contacted us around September of 2010 for consultation and sought legal assistance for her possible adjustment of status application. Attorney Sarmiento met them in the Washington DC area.

After consultation, we determined that she was eligible for adjustment of status under INA 245(i). Our client retained us in October 2010.

Section 245(i) of the INA allows certain foreign nationals to become permanent residents of the United States despite entering without inspection (EWI) or overstaying (if beneficiary of petitions filed not by those other than an immediate relative).

Immigrants are barred from adjusting their status if they entered the United States without first being inspected and admitted by a Customs and Border Patrol officer and if they have either failed to maintain lawful status or been unlawfully employed in the country, with certain exceptions. Section 245(i) was first added to law in 1994 to allow certain people who otherwise would not be eligible to adjust status to be able to do so upon payment of a $1,000 fine.

Four years later, on January 14, 1998, Congress phased Section 245(i) out of law. Immigrants and their families who had already begun the process of changing their status under Section 245(i) by January 14, 1998 were grandfathered into the section’s benefits.

On December 21, 2000, Congress extended the qualifying date for Section 245(i) benefits to April 30, 2001. This law allowed immigrants who had labor certifications or visa petitions filed on their behalf between 1998 and April 30, 2001, to qualify for adjustment of status. Those who were beneficiaries of petitions filed prior to January 14, 1998 could still adjust despite an EWI record, and those people do not have to meet the December 2000 physical presence requirement.

Our client was the beneficiary of a petition before January 14, 1998 (as a derivative beneficiary of the F-4 petition filed by her uncle to her father on December 29, 1986), and thus was eligible to adjust under INA Section 245(i) despite her overstay, without any need to show physical presence in the United States in December 14, 2000.

Once retained, our office prepared and filed her adjustment of status application under the 245(i) provision. Everything went smoothly and the receipt notices and fingerprint appointment all came on time.  We thoroughly prepared our client prior to her interview as well.

On February 1, 2011, our client was interviewed at the Louisville, Kentucky USCIS Field Office.

Due to the complexity of the case, we made sure the officer was clear about our client’s 245i eligibility. The interview went well; however, the priority date retrogressed before her adjustment of status applicant was approved.

Finally, priority dates opened again. On February 4, 2013 our client’s I-485 application was approved.  She finally became a green card holder.

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CASE: I-485 Approval
CLIENT: Ghanaian
LOCATION: Phoenix, AZ

Our client is a Ghanaian citizen who came to the U.S. on a B-2 Visitor Visa in February 2004. As our previous success story explained, our client had a final order of removal in absentia, but his case was reopened after our office’s successful Motion to Reopen in April 2012.

Our client and his wife married in August 2007 and they have two U.S. citizen children now.

Our office immediately filed an I-130 Petition with bona fide marriage evidence on March 12, 2012. The I-130 petition was approved on August 20, 2012 without an interview. Our client appeared at the Phoenix Immigration Court on August 21, 2012 for his initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did pleadings and sought adjustment of status relief.

After the I-130 was approved, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Phoenix Immigration Court. The DHS counsel in Phoenix did not oppose the Motion to Terminate Removal Proceedings. Ultimately, the Immigration Judge granted the Motion to Terminate Removal Proceedings without prejudice on October 15, 2012.

After his case was terminated by the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on November 24, 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 conference all.

On January 28, 2013, our client was interviewed at the Phoenix CIS office. Our client was fully prepared at the interview went well.  On the same day, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Indian
LOCATION: Houston, Texas

Our client came to the United States in 2007 with an F-1 student visa from India to pursue his master’s degree in the United States.  He married a U.S. Citizen in July 2012 and retained our office on October 1, 2012 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 17, 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 January 15, 2013, our client was interviewed at the Houston, Texas USCIS.  Our attorney Sung Hee (Glen) Yu accompanied our clients as well. On the same day, his green card application was approved.

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

Our client came to the United States in 2010 with an F-1 student visa from Ghana to pursue her bachelor’s degree in the United States.  She married a U.S. Citizen in September 2012 and retained our office on October 5, 2012 for her adjustment of status application.

They did not live together, but visit each other every week. This was because the US Citizen spouse lived and worked in Cleveland, while her spouse was studying in Wooster Ohio.

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 25, 2012.  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 January 8, 2013, less than three months from the time filing, our client was interviewed at the Cleveland, OH USCIS office. Our attorney accompanied our clients as well. Despite not living together, because of other bona fide evidence and their answers and demeanor at the interview, her green card application was approved on the same day.

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