CASE: Marriage to US Citizen Green Card

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India. Currently, she is working for her employer under an H-1B visa.  Later, she married her current husband, who was a green card holder at the time of filing, in September 2012.

Our client retained our office in the middle of September 2013 for her I-130 petition and I-485 adjustment of status application. Although the Petitioner was a green card holder, we could file the I-130 / I-485 simultaneously at that time because the priority date for the F2A category was current in August and September 2013.

Our office prepared and filed an I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on September 26, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

While her green card application was pending, our client’s husband took his naturalization test and interview in February 2014.  Prior to the interview, we thoroughly prepared our clients at our office. On February 6, 2014, our client was interviewed at the Cleveland, Ohio USCIS office.

The interview went well, however, our client’s green card application could not be adjudicated because of the retrogression of priority dates.

On February 21, 2014, our client’s husband finally took his oath and became a naturalized U.S. citizen. After the ceremony, our client’s husband gave us a copy of his naturalization certificate which our office eventually submitted to the USCIS office on the same day.

By doing this, our client’s case was upgraded from the F2A category to Immediate Relative, which has available immigrant visa numbers all the time. Eventually, on February 27, 2014, the USCIS approved our client’s green card application.

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

CLIENT: Filipino

LOCATION: Dallas, TX

Our client came to the United States in November 2012 as a K-1 visa entrant from the Philippines.  Our client is the beneficiary of an approved I-129F petition. He came to the United States as a K-1 Fiancé of a U.S. Citizen whom he married within 90 days of his 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.

Our client contacted our office initially in the middle of February 2013 and consulted with us for his adjustment of status application. After retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on March 11, 2013.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client.  On February 19, 2014, his green card application was approved.

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CASE: Marriage-Based Green Card

CLIENT: Chinese

LOCATION: Cleveland, Ohio

Our client came to the United States in May 2003 with a B-1 Visa from China. After his authorized stay expired, he remained in the United States. He married a U.S. Citizen in August 2013.  Our client retained our office for his I-130 petition and I-485 adjustment of status application on October 8, 2013. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on November 25, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On February 14, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well.  On the same day, his green card application was approved.

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CASE: Marriage-Based Green Card

CLIENT: Jamaican

LOCATION: Cleveland, Ohio

Our client is a professional football player who plays for the Cleveland Browns in the NFL. He came to the United States from Jamaica when he was a high school student and went to college as an F-1 student. After he was drafted by the Baltimore Ravens, he started to play in the NFL as a P-1 visa holder. Later on he was picked up by the Cleveland Browns as a free agent.

He married a U.S. Citizen in August 2012.

Months later, our client retained our office for his I-130 petition and I-485 adjustment of status application, and our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on November 25, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On February 14, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well.  On the same day, his green card application was approved.

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CASE:   I-601 Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Indian

LOCATION: Mumbai, India (Applicant) / North Carolina (I-130 Petitioner / Applicant’s US Citizen wife)

Our client first came to the United States on a valid F-1 visa in May 2007 to attend college in the U.S. Unbeknownst to him, he fell out of status in November 2007. After he found out about this in 2009, he immediately applied for F-1 reinstatement and filed Form I-539 to the USCIS Vermont Service Center in 2009. The USCIS approved his application and reinstated his F-1 status.

After his studies were over, our client was employed and his employer petitioned him for H-1B status in February 2011. The Petition was approved and he started working and paying taxes in accordance with the terms and conditions of his H-1B.

Our client then married his U.S. Citizen wife in India in November 2011.

In February 2012, our client went to the U.S. Consulate in Mumbai, India for his H-1B visa stamping. Over there, the consular officer denied his H-1B visa stamping on his passport and gave him a 221g form, asking for some documents such as tax returns, an approved I-797C letter from H-1B status, and pictures of the work place, pay stubs, and etc.  Our client submitted all of the requested documents, however, when he appeared for his second visa stamping interview, the consulate officer denied his visa and gave him a letter which states that he is inadmissible under the INA Section 212(a)(6)(c), alleging that our client submitted fraudulent documents to obtain immigration benefits or a visa.

Our client did not commit fraud, but instead of appealing the decision, he planned to file a waiver of inadmissibility to re-unite him with his U.S. citizen wife faster. Our client’s wife retained us on April 9, 2013 for the I-601 waiver for her husband. Our firm thoroughly analyzed whether the I-601 waiver application will likely be successful. Based on our client’s story and surrounding circumstances (hardship to U.S. citizen wife) if our client is barred to come to the United States), our office determined that her husband has a good chance of winning the I-601 application as long as it is extensively prepared.

If someone is found to be inadmissible under Section 212(a)(6)(C)(i) of the INA, INA Section 212(i) provides for a discretionary waiver of the fraud or misrepresentation 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 Section 212(i)(l). In addition to the equities presented, the USCIS may consider the nature of the fraud or misrepresentation.

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-601 application had a good chance since our client’s wife (U.S. Citizen) recently had surgery. Also, our client’s wife has always encountered various diseases whenever she goes back to India. She had typhoid and chickenguniya when she visited India in 2011 and 2012. She also suffers depression, anxiety, and insomnia due to the hardship of not having a husband to help with her expenses and provide for her needs.  In the I-601 brief and supporting documents, our office included extensive medical reports of our client’s wife. We argued that if our client is barred to enter the United States, extreme hardship to her is clearly foreseeable and evident. Our client needs consistent and continuous medical check-ups with her doctors for her recent surgery and its related symptoms. Also, it would be extremely difficult for our client’s wife to get the same level of medical care and satisfactory access to medical services in India in case our client’s wife joins our client there.

In our brief, we also argued that our client has maintained strong family ties in the United States and that she will have difficulty finding the same level of employment in India.

On January 2, 2014, we submitted our I-601 waiver application to the USCIS which included a brief in support, our client’s medical records, and other documents that demonstrated hardship to our client’s wife if our client is barred to come to the United States.  The I-601 waiver for our client was approved on February 7, 2014.  Now, without the  inadmissibility ground, our client is eligible for an immigrant visa.

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CASE: Marriage to US Citizen Green Card

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India. Currently, he is working for his employer under an H-1B visa.  Later, he married his current wife, who was a green card holder at the time of filing, in June 2011.

Our client retained our office in early September 2013 for his I-130 petition and I-485 adjustment of status application. Although the Petitioner was a green card holder, we could file the I-130 / I-485 simultaneously at that time because the priority date for the F2A category was current in August and September 2013.

Our office prepared and filed an I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on September 26, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

While his green card application was pending, our client’s wife took her naturalization test and interview on January 7, 2014.  Prior to the interview, we thoroughly prepared our clients at our office. On January 10, 2014, our client was interviewed at the Cleveland, Ohio USCIS office.

The interview went well, however, our client’s green card application could not be adjudicated because of the retrogression of the priority date.

On February 7, 2014, our client’s wife finally took her oath and became a naturalized U.S. citizen. After the ceremony, our client’s wife gave us a copy of her naturalization certificate which our office eventually submitted to the USCIS office on the same day.

By doing this, our client’s case can be upgraded from the F2A category to Immediate Relative, which has available immigrant visa numbers all the time. Eventually, on February 10, 2014, the USCIS approved our client’s green card application.

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CASE: Marriage to US Citizen Green Card

CLIENT: Argentinian

LOCATION: New York, NY

Our client came to the United States from Argentina with a B-2 Visitor Visa in March 2013. Later, he married his current wife, who was a green card holder at the time of filing, in September 2013. His I-94 was not expired at the time of his green card filing as well.

Our client retained our office in early September 2013 for his I-130 petition and I-485 adjustment of status application. Although the Petitioner was a green card holder, we could file the I-130 / I-485 simultaneously at that time because the priority date for the F2A category was current in August and September 2013. Our office prepared and filed an I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on September 10, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

While his green card application was pending, our client’s wife became a naturalized U.S. Citizen in November 2013. Thus, our client’s case can be upgraded from the F2A category to Immediate Relative, which has available immigrant visa numbers all the time.

Prior to the interview, we thoroughly prepared our clients through conference calls. On January 24, 2014, our client was interviewed at the New York, New York USCIS office. Eventually on February 6, 2014, his green card application was approved.

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CASE: Marriage-Based Petition and Adjustment of Status

NATIONALITY: Indonesian

LOCATION: Long Island City, NY

Our client is from Indonesia who came to the U.S. on a J-1 Visa in September 2000.  She came to the U.S. for business training, but her J-1 program made her subject to the two-year foreign residence requirement.

In June 2012, our client married her U.S. Citizen husband.  She would’ve been eligible to get a green card through her marriage, however, before we file her I-130/I-485 application simultaneously, she had to get a waiver of her two-year foreign residency requirement first.

In order to get a waiver of her two-year foreign residency requirement, she consulted with our office and later decided to retain our office on July 23, 2012.

Our office first worked on her 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 September 24, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice for our client’s waiver of the two-year foreign residency program on October 5, 2012.

Later on, our client retained us for her green card, so our firm prepared and filed the I-130 petition and I-485 adjustment of status application on August 8, 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 January 30, 2014, our client was interviewed at the Long Island City USCIS Field office in New York.  On the same day, her green card application was approved.

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CASE: Marriage-Based Green Card

CLIENT: Cameroonian

LOCATION: Cleveland, OH

Our client came to the United States from Cameroon and he is currently pursuing his degree in Cleveland, Ohio on an F-1 student visa. He married his current wife, who is a green card holder, in September 2012.  After marriage, his wife filed an I-130 petition on behalf of our client in November 2012. Due to family and school issues, his wife had to move to Maryland with her mother. The beneficiary had to stay in Cleveland to maintain his F-1 status. This I-130 petition was approved in October 2013.

Our client retained our office on October 16, 2013 for his I-485 adjustment of status application. We could file the I-485 application because the priority date for F2A category was current at the time of filing. They were living separately at that time, but based on their bona fide evidence, we thought we can still prove an ongoing relationship. Our office prepared and filed an I-485 adjustment of status application, but we also included an affidavit from both of them to explain why they had to live separately (work, school, family etc.). We filed the application together with all necessary supporting documents on November 20, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Despite them living apart, due to the bona fide evidence submitted as well as the affidavit, there were no Requests for Evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On January 28, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Our attorney accompanied them at their interview as well. The interview went well, and the priority date for our client was current at the time of the interview. Despite potential issues that our clients were worried about prior to retaining our firm, the green card application was approved on the same day.

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CASE: Marriage-Based Green Card

CLIENT: Nigerian

LOCATION: Dallas, TX

Our client came to the United States in November 2010 with a B-2 Visitor’s Visa from Nigeria. After his authorized stay expired, he still remained in the United States.

He married a U.S. Citizen in February 2013.  Our client retained our office on February 28, 2013 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 April 4, 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 July 12, 2013, our client was interviewed at the Dallas, Texas USCIS office.  Eventually, on January 23, 2014, her green card application was approved.

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