CASE: Marriage-Based Adjustment of Status
CLIENT: Indian
LOCATION: Cincinnati, OH

Our client came to the United States in January 2008 with a B-2 visitor visa from India.  He married a U.S. Citizen in February 2011 and retained our office on August 15, 2011 for his adjustment of status application. He was hesitant at first due to his criminal records. He wanted to check if some are classified as crimes of moral turpitude and if it would hurt his case. After doing research, we confirmed that it would not affect his case. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 23, 2011. The application included certified copies of his criminal record, both from Court and the police. 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. On December 9, 2011, our client was interviewed at the Cincinnati, Ohio USCIS office.  Attorney Sung Hee Glen Yu from our office accompanied them at the interview as well, and explained to the officer our position on his criminal records and why he still should be eligible for adjustment of status. On March 26, 2012, his green card application was approved, and our client obtained his green card.

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CASE: Adjustment of Status / J-1 Waiver
NATIONALITY: Jordanian
LOCATION: Ohio

Our client is from Jordan who initially came to the U.S. on a J-1 Visa in 2009.  After the completion of her program, she went back to Jordan. She then married a U.S. Citizen in Jordan, and then came to the United States with a B-2 visitor visa in January 2011.

According to her DS-2019, she was subject to the two-year foreign residency requirement, so she could not adjust until she got a waiver.   In March 2011, she consulted with our firm for her adjustment of status and waiver of the two-year foreign residency requirement.

After we were retained, our office prepared and filed a waiver request through a No Objection Statement (NOS) from the Jordanian Embassy in the United States.  We also filed the I-130 petition for our client as well. The I-130 petition was approved on September 14, 2011.

On May 3, 2011 the J-1 Waiver was filed to the Department of State.  We sent a request to the Jordanian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust if she obtains the waiver.  The Jordanian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  Thereafter, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on October 4, 2011, the USCIS issued an I-612 approval notice for the waiver.

After the waiver was issued, our office filed the I-485 Adjustment of Status Application on November 14, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. We thoroughly prepared our clients prior to the interview.   On March 22, 2012, our client was interviewed at the Cleveland USCIS office.  We accompanied them at the interview as well.  On the same day, her green card application was approved, and our client obtained her green card.

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Case: Termination of Proceedings / Adjustment of Status
Nationality: Chinese
Location: Cleveland, OH

Our client came to the United States in January 2002 with a valid B-1 visa. He has stayed in the United States ever since. He was placed in removal proceedings a few years later. While he was in the United States, his wife, who was a permanent resident, filed an I-130 petition for him. It was approved in June 2010. At the time of the I-130 filing, our client’s wife was a lawful permanent resident, so the priority date for our client was not current. She became a naturalized U.S. citizen on June 17, 2011.

Before our firm was retained, our client already had a scheduled asylum individual hearing in 2013. In August 2011, our client consulted with our office and sought legal assistance. We advised him that we would try to terminate his removal proceedings with the Department of Homeland Security’s (DHS) cooperation. Our office filed a request to join in a Motion to terminate proceedings with a copy of the I-485 application and supporting documents on November 8, 2011. The DHS counsel in Cleveland agreed to terminate our client’s removal proceedings. The Immigration Judge then granted the Motion to terminate without prejudice on December 7, 2011.

After the case got terminated, we filed the I-485 Adjustment of Status application with the United States Citizenship and Immigration Service (USCIS) on December 22, 2011. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients. On March 22, 2012, our client was interviewed at the Cleveland USCIS. We accompanied them at the interview as well. The interview went well, and our client’s green card application was approved the same day of the interview. After ten years in the United States and being through removal proceedings, our client is finally a permanent resident.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child
NATIONALITY: Chinese
LOCATION: Oklahoma

Our client is a citizen of China who came to the U.S. on a J-2 Visa.  He came with his father who came on a J-1 Visa for his 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.

After our client came to the United States, he finished high-school as a J-2 visa holder and later pursued his Bachelor’s degree.  Our client initially started his bachelor’s program as a J-2 visa holder, but in April 2001, he changed his status from J-2 to F-1 through the U.S. Consulate in Mexico. He had to change his status from J-2 to F-1 because he turned 21 in January 2011.  After he graduated, he married his current U.S. Citizen wife in October 2009 and his wife filed an I-130 petition on behalf of our client.  The I-130 petition was approved in February 2011.

Our client contacted our office in January 2012, and sought advice regarding his chances of applying for permanent residency.  He has an approved I-130 petition; however, without a waiver of the 2-year foreign residency requirement, our client would not be able to adjust his status in the United States.  Our office explained that we can apply for his J-2 waiver application through the Interested Government Agency (IGA) route.

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.

Our firm was retained to do his J-2 waiver on January 19, 2012. On January 31, 2012, 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 February 21, 2012 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On March 16, 2012, the USCIS issued an I-612 approval notice for our client’s waiver request. Now, our client can file his I-485 adjustment of status application with the approved I-130 petition and I-612 waiver approval. He can now apply for his green card.

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

Our client came to the United States on a B-1 visa in September 1991 when he was a minor. Although his authorized stay in the U.S. expired in October 1991, he has stayed in the United States ever since. In May 2011, he married his U.S. Citizen wife and retained our office in the middle of August of 2011 for his adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 24, 2011. 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 over the conference call. On January 23, 2012, our client was interviewed at the Houston, Texas USCIS. Our attorney accompanied them as well.  On March 12, 2012, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: New York, NY

Our client came to the United States in December 2008 with an F-1 student visa from the Philippines. She married her U.S. Citizen husband in October 2010 and retained our office in the middle of April of 2011 for her adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on July 29, 2011. 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 February 9, 2012, our client was interviewed at the New York City, NY USCIS.  On March 5, 2012, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Malaysian
LOCATION: Milwaukee, WI

Our client came to the United States in December 1996 with a J-1 Exchange Visitor visa from Malaysia. Although her J-1 program ended in 1999, she stayed in the United States since then.  She got a waiver of the two- year foreign residency requirement. She married her U.S. Citizen husband in September 2007 and she retained our office in the middle of September 2011 for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 30, 2011. 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. On March 8, 2012, our client was interviewed at the Milwaukee, Wisconsin USCIS office.  Her green card application was approved on the same day.

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CASE: Motion to Reopen
CLIENT: Nigerian
COURT LOCATION: Baltimore, Maryland / New York, NY
RESIDENCE: Brooklyn, NY

Our client came to the United States with valid B-2 visitors visa in 2002, and later married his previous U.S. Citizen wife. He filed his green card application based on his previous marriage, but they separated prior to the interview so he never got notice of his interview, denial and the eventual notice to appear in Court.

Years later, our client married his second U.S. Citizen spouse, and he again filed for his green card application himself. Prior to retaining our firm, he went to his I-130 and adjustment of status interview only to find out that he had a final order many years ago. He did not know about it. So his case was denied. He was told by the officer that he had to reopen his case. We met our client at our New York office and he retained us on August 2010 for the Motion to Reopen.

If an alien does not go to his or her scheduled hearing with the Immigration Court, regardless of the reason, you will on that day have an in absentia order of removal. Once this is triggered, you are susceptible to being detained and subsequently deported by the Department of Homeland Security (DHS). Through a 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 notice to appear. If the Notice to Appear was sent to the wrong address for example, then there’s a good basis for a Motion to Reopen.

On August 31, 2010, our office filed the Motion to Reopen with the Baltimore Immigration Court. Documentation of his address at the date of the final order, a detailed 4-page affidavit regarding his addresses and his circumstances around the final order date, documentation of the last address he provided to the immigration service prior to the final order date, and other supporting documents were submitted. The Department of Homeland Security did not file an opposition or response to our Motion. On November 8, 2010, our office called the Court to follow up and we were informed that the Motion was granted.  Upon approval of the Motion to Reopen, we filed a Motion to Change of Venue as well.  The Baltimore Immigration Court granted our Motion, and later our client’s venue was changed to New York, NY.

Attorney Sung Hee (Glen) Yu from our office accompanied our client at his Master Calendar hearing at the New York Immigration Court in March 2011, and he explained that an I-130 is pending and that a Stokes interview should be scheduled soon. On September 15, 2011,
Attorney JP Sarmiento accompanied our client and his U.S. Citizen wife for their I-130 Stokes interview. The interview went well, and the USCIS officer determined that our client’s marriage to his U.S. citizen wife was bona fide.  On the same day, the I-130 petition was approved.

With the approved I-130 petition, we filed a request to join in a motion to terminate with the DHS.  After review of our client’s application, the DHS agreed to join the motion. On October 22, 2011, the New York Immigration Court granted our Motion to Terminate, so our client’s removal proceedings were terminated.  Thereafter, our client filed an I-485 Adjustment of Status application to the USCIS on October 25, 2011.

Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On February 13, 2012, our client was interviewed at the New York City, NY USCIS.  We accompanied them at the interview as well. The interview went well, and our client’s green card application was approved on February 28, 2012.

After being in the U.S. for over 10 years and having a final order of removal for about nine years, our client finally has his permanent resident card.

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

Our client came to the United States in March 1994 with an H-4 visa (dependent of an H-1B visa holder) as a minor child from the Philippines. Her mother, who was on H-1B, fell out of status so she also fell out of status. Years later, she married his U.S. Citizen spouse in August 2011 and retained our office on October 20, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 27, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On February 15, 2012, our client was interviewed at the Chicago, Illinois USCIS.  We accompanied them at the interview as well. The interview went well, and our client’s green card application was approved on the same day.

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Kenyan
LOCATION: Chicago, IL

Our client came to the United States in August 2005 with an F-1 student visa from Kenya.  He married a U.S. Citizen in January 2010.  Our client’s wife filed an I-130 petition on behalf of our client, and this I-130 petition was approved by the USCIS Milwaukee Field Office in December 2010.  He was placed in removal proceedings for overstaying his F-1 status, so our client contacted our office to seek legal representation for his removal proceedings.

Our client retained us on March 25, 2011.  On April 5, 2011, Attorney Sung Hee (Glen) Yu of our office represented our client at his initial master calendar hearing at the Chicago Immigration Court.  We did pleadings for our client and asked for adjustment of status relief. After the Master Calendar hearing, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the Chicago Immigration Court.

On February 6, 2012, Attorney Yu represented our client at his Individual Hearing for adjustment of status at the Chicago Immigration Court.  After direct and cross examination, the Immigration Judge approved our client’s adjustment of status application. Now, our client is a permanent resident of the United States.

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