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

APPLICANT / BENEFICIARY: Guatemalan

LOCATION: Cleveland, Ohio / San Salvador, El Salvador (Visa Interview)

Our client came to the United States from Guatemala in January 2000 without inspection and admission. He married his LPR wife in January 2011. They have a U.S. citizen daughter together.  His LPR wife filed an I-130 petition for him on December 12, 2016. This I-130 petition was approved on May 17, 2018.

Our client cannot file for adjustment of status application due to his ground of inadmissibility. He needs a waiver of inadmissibility to become a green card holder. Our client was placed in removal proceedings, but with our office’s assistance, his removal proceeding was administratively closed in November 2012 to file a provisional waiver application. 

Under the 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 LPR wife suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, exceptional hardship to his wife is clearly foreseeable and evident.  His wife has ongoing medical hardships and she would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their children. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Guatemala in case she joins our client there.

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

On November 14, 2018, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States. Eventually, his I-601A waiver was approved on August 12, 2019. 

Once his I-601A waiver was approved, he retained our office again for his immigrant visa processing. Our office prepared and filed his immigrant visa application on November 15, 2019. Also, our office filed the Motion to Re-calendar his case to the Cleveland Immigration Court since his case was administratively closed by the Court in the past. Once his case was re-calendared, we represented him at his master calendar hearing on January 21, 2021. We requested pre-conclusion voluntary departure for our client and the Immigration Judge granted our request. Our client left the United States in late May 2021 and went back to Guatemala in order to comply with the voluntary departure order. However, the US Embassy in Guatemala did not schedule his visa interview due to the COVID-19 pandemic issues and its related case backlogs. Our office sent an expedite request inquiry as well. 

In October 2021, the U.S. Embassy in San Salvador, El Salvador informed our office that they scheduled an immigrant visa interview for our client. Our client went to El Salvador to appear at his interview on November 16, 2021. On November 16, 2021, our client appeared at his immigrant visa interview at the Embassy. Eventually, our client’s immigrant visa was approved on January 7, 2022.  

Now, our client can comee back to the United States with an approved immigrant visa and he will get his green card in the mail within two months. 

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Cleveland, OH

Our client contacted us in September 2021 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in February 2018 through her marriage to a US citizen spouse. 

We filed her N-400 application on October 12, 2021, with all supporting documents. On November 19, 2021, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Prior to her N-400 interview, the USCIS officer also did the interview for her pending I-751 application as well. This I-751 application was approved on November 30, 2021. On December 2, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: Adjustment of Status at Removal Proceeding
CLIENT: Ukrainian
LOCATION: Cleveland, OH

Our client came to the United States in April 2009 with a J-1 exchange visitor’s visa from Ukraine. His J-1 visa did not make him subject to the 2-year foreign residency requirement.  Later, he filed an asylum and his asylum interview was conducted by the USCIS. His case was referred to the Cleveland Immigration Court. His case was administratively closed in March 2016. 

He married a U.S. Citizen in January 2017.  Our client’s wife filed an I-130 petition on behalf of our client, and this I-130 petition was approved by USCIS in October 2018. Once the I-130 petition was approved, he client retained our office in December 2018 for his removal proceedings. 

Our office prepared and filed a Motion to Recalendar to the Cleveland Immigration Court on December 5, 2018. His case was recalendared to the immigration judge’s docket and our office prepared and filed an I-485 Adjustment of Status Application.

On January 4, 2021, Attorney Sung Hee (Glen) Yu represented our client’s at his Individual Hearing for adjustment of status at the Cleveland Immigration Court. The Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal proceeding has been terminated. Now, our client is a green card holder.    

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Mexican

LOCATION: Pennsylvania

Our client came to the United States from Mexico on a B-2 visitor’s visa in 2002. He has remained in the United States since then.  He married a U.S. Citizen in February 2018 and retained our office for his green card application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 20, 2018.  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 via conference calls. On March 12, 2019, our client was interviewed at Philadelphia, Pennsylvania USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well.

The interview went well. However, the USCIS issued Request for Evidence (RFE) for our client to submit his updated medical record (I-693) and certified court disposition for his previous minor criminal record.  Our office filed the Response to RFE on April 4, 2019. Eventually, on April 12, 2019, his green card application was approved.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: San Antonio, TX

Our client came to the United States from Nigeria on a F-1 student’s visa in August 2015. He married a U.S. Citizen in July 2018 and retained our office on July 26, 2018 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 11, 2018. 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 April 11, 2019, our client was interviewed at the San Antonio, Texas USCIS office. Eventually, on the same day of his interview, his green card application was approved.

{ 0 comments }

CASE: Adjustment of Status at Removal Proceeding
CLIENT: Gabonese
LOCATION: Cleveland, OH

Our client came to the United States in July 2011 with a B-2 visitor’s visa from Gabon.  Later, she filed for asylum and her asylum application was denied by the immigration judge in Cleveland. She filed a BIA appeal and the BIA remanded her case in 2016.  She married a U.S. Citizen in October 2017. Our client’s husband filed an I-130 petition on behalf of our client, and this I-130 petition was approved by the USCIS Cincinnati Field Office in August 2018. However, she also applied for adjustment of status and this was administratively closed due to removal proceedings.  Our client contacted our office to seek legal representation.

Our client retained us on November 16, 2018. Thereafter, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the Cleveland Immigration Court at her Master Calendar hearing on December 11, 2018. We withdrew our client’s asylum case as well.   

On April 12, 2019, Attorney Sung Hee (Glen) Yu represented our client’s at her Individual Hearing for adjustment of status at the Cleveland Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status relief. Our client’s removal proceeding is terminated simultaneously. Now, our client becomes a green card holder.    

{ 0 comments }