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

APPLICANT / BENEFICIARY: Mexican

LOCATION: Dayton, Ohio / Ciudad Juarez, Mexico (Visa Interview)

Our client came to the United States from Mexico in April 2007 illegally without inspection and admission. He married his U.S. citizen wife in April 2016. After they got married, his U.S. Citizen wife filed an I-130 petition for him in June 2016. This I-130 petition was approved on July 29, 2016.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility (entry without inspection and admission). He 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 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, extreme 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 child. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Mexico 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 Mexico, and that his U.S. citizen child and his wife will face extreme emotional difficulties if he is removed.

On September 19, 2017, 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 May 22, 2018. 

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 January 10, 2019. In January 2020, the U.S. Consulate in Ciudad Juarez, Mexico informed our office that they scheduled an immigrant visa interview for our client. Our client went back to Mexico to appear at his interview on January 21, 2020. On January 21, 2020, our client appeared at his immigrant visa interview at the Consulate, and the Consulate officer approved his immigrant visa on the same day.

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

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CASE: Marriage-Based Adjustment of Status
CLIENT: Malaysian
LOCATION: Altamonte Springs, FL

Our client came to the United States in February 2016 with a J-1 Exchange Visitor visa from Malaysia.  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 May 2018 and retained our office on February 23, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 25, 2019.  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 our clients via conference calls. On January 30, 2020, our client was interviewed at the Orlando, Florida USCIS Field Office. On the same day of the interview, her green card application was approved. 

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CASE: Marriage-Based Adjustment of Status

CLIENT: Burkinabe

LOCATION: Brooklyn, OH

Our client came to the United States from Burkina Faso on a F-1 student visa in January 2008. He married a U.S. Citizen in April 2019 and retained our office on May 3, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on May 29, 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 January 30, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on the same day of the interview, his green card application was approved.

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CASE: I-130 / I-485 Adjustment of Status

NATIONALITY: Chinese

LOCATION: Mountain View, CA

Our client was a citizen of China who came to the U.S. on a J-2 Visa in January 2012.  She came with her mother who came on a J-1 Visa for her research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in March 2013. She would like to get a waiver because she has a U.S. citizen spouse who can file I-130 petition for her. She can file adjustment of status application along with her husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the fulfillment of requirement or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in March 2013.

Our firm was retained to do her J-2 waiver, and on February 20, 2019, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on March 18, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On April 2, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 15, 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 through conference calls. On January 29, 2020, our client was interviewed at the Santa Clara California USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipino

LOCATION: Des Moines, IA

Our client came to the United States from the Philippines on an H-4 visa in July 2014. He married a U.S. Citizen in October 2018 and retained our office on May 31, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 1, 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 via conference calls as well. On January 28, 2020, our client was interviewed at the Des Moines, Iowa USCIS office. Eventually, on the same day of the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Nigerian
LOCATION: Lithonia, GA 

Our client is from Nigeria who came to the U.S. on a J-1 Visa in October 2018 to pursue his student internship in New Mexico.  After he finished his J-1 program, he remained in the United States. In April 2018, our client married his current U.S. citizen wife. However, he will not be able to adjust his status unless he gets a waiver of the 2-year foreign residency program.  When he came to the United States in 2018, his program was subject to the 2-year foreign residency program. 

Thereafter, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Nigerian Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Nigerian Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver, the clearance letter from J-1 program sponsor, and a letter of reason for obtaining J-1 waiver.  

On April 18, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Nigerian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on his marriage to U.S. citizen spouse. 

Eventually, the Nigerian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On June 28, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On July 30, 2019, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. 

Once his J-1 waiver was approved, he retained our office on July 31, 2019 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 19, 2019.  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 our client via conference calls. On January 21, 2020, our client was interviewed at the Atlanta, Georgia USCIS Field Office. Eventually, on January 24, 2020, his green card application was approved. 

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CASE: Marriage-Based Adjustment of Status
CLIENT: Zambian
LOCATION: Cheverly, MD 

Our client came to the United States in June 2001 with a J-1 Exchange Visitor visa from Zambia.  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. After his J-1 program was completed, he remained in the United States.

He married a U.S. Citizen in February 2012 and retained our office on January 19, 2018 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 2, 2018.  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 our client via conference calls. On November 19, 2018, our client was interviewed at the Baltimore, Maryland USCIS Field Office.

Though their interview went well, our client’s case remained pending without any Request for Evidence. Nevertheless, on December 30, 2019, the USCIS issued Request for Evidence for our client to submit his new I-693 medical record. Our client filed his response to RFE on January 7, 2020. Eventually, on January 14, 2020, his green card application was approved. 

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CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Garfield Heights, OH

Our client came to the United States from Nigeria on an F-1 student’s visa in January 2015. He married a U.S. Citizen in August 2019 and retained our office on August 30, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 7, 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 January 16, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on the same day of the interview, his green card application was approved.

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Filipino

LOCATION: San Jose, CA

Our client came to the United States from the Philippines with a J-1 exchange visitor’s visa. With our firm’s legal assistance, he got his J-1 waiver for his two-year foreign residency requirement.  In June 2018, he married his U.S. Citizen same-sex spouse in Idaho.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law. 

They married in Idaho where the same-sex marriage is recognized. Our client contacted our office and retained us in January 2019 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on February 1, 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 via conference calls. On January 13, 2020, our client was interviewed at the Santa Clara, California USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Slovakian

LOCATION: Vermillion, OH

Our client came to the United States in April 2019 as a K-1 visa entrant from Slovakia.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States. She married in June of 2019. 

Our client contacted our office initially and consulted with us for her adjustment of status application. She retained our office on July 12, 2019.  After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on September 5, 2019. Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

Thereafter, the USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients at our office. On January 7, 2020, our clients were interviewed at the Cleveland, Ohio USCIS office. Eventually, on the same day of the interview, her green card application was approved.

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