CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Indian
LOCATION: Ohio

Our client contacted us in November 2012 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in 2009. He retained our office for his naturalization and citizenship N-400 application on November 13, 2012.

The N-400 application was filed on November 21, 2012 with all supporting documents.

Our office prepared him before his naturalization interview, and Attorney Sung Hee Yu also accompanied him on May 10, 2013 at the Cleveland CIS office.

Our client answered all questions correctly and passed his N-400 interview. Eventually, his naturalization application was approved on June 10, 2013. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-129F Fiancé Petition and Fiancé Visa

PETITIONER: US Citizen in St. Louis, MO

BENEFICIARY: Filipino

PETITION FILED: November 8, 2012

PETITION APPROVED: June 3, 2013

Our client, a US Citizen Petitioner, met her Filipino fiancé in the Philippines in 2008 and 2010. Her fiancé also visited our client in the United States in 2010 and 2012. When he visited our client in May 2012, he proposed to our client. Months after his proposal, our client retained our firm to file a fiancé petition for him.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on September 26, 2012. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on November 8, 2012.

On June 3, 2013, the I-129F fiancé petition was approved.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition
CLIENT: US Citizen Petitioner; Chinese Beneficiary in China
LOCATION: Petitioner: Ohio; Beneficiary: Canton, China

Our client is a U.S. citizen who is 70 years old.  He married his wife in China in April 2012.  After the marriage, he came back to the United States and contacted our office in early June 2012 and retained us to bring his wife to the States.

Our office prepared and filed the I-130 to the USCIS in June 19, 2012. After the I-130 was filed, everything went smoothly, there were no requests for evidence, and the receipt notices came on time.

The I-130 Petition was approved by the USCIS on February 18, 2013.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on April 3, 2013, who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for the client at the US Consulate in Guangzhou, and we prepared her for the interview. On May 30, 2013, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s wife can come to the United States immediately, and she will get her green card within two weeks of entry.

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CASE: Motion to Remand based on Pending I-130 Petition
CLIENT: Romanian
LOCATION: Chicago, IL

Our client came to the United States with a valid J-1 visa from Romania in July 2002. He remained in the United States for a time longer than permitted.

Later on, he was placed in removal proceedings due to his overstay and a Notice to Appear was issued. His cancellation of removal application was denied by the Immigration Judge in April 2011, but an appeal was timely filed.  The BIA appeal was denied March 15, 2013.

While the BIA appeal was pending, our client married his U.S. citizen wife in September 2012. His wife filed an I-130 petition for our client on November 5, 2012.  He contacted our office for legal assistance for a Motion to Remand.  We explained to him the Motion to Remand procedure and he retained our office on April 1, 2013.

On April 5, 2013, we prepared and filed the Motion to Remand for Adjustment of Status Based on a Pending I-130 on behalf our client.  We had to file this Motion within 90 days of the Board decision to make it timely. You typically want the I-130 to be approved prior to filing the Motion to Remand, but by submitting the actual I-130 application itself and its supporting documents attached to the Motion, even though it is still pending, you can show that it is approvable.

In Matter of Coelho, 20 I&N Dec. 464, 473 (BIA 1992), the BIA found that a motion to remand must conform to the same standards as a motion to reopen, where the respondent presents new evidence which would likely change the result of the case. In a Motion to Reopen before the BIA, the Applicant must show that the evidence is material, unavailable at time of original hearing, and could not have been discovered or presented at the original hearing. 8 C.F.R. § 1003.2(c)(1). In this case, adjustment of status relief was not available for our client at his previous hearing since he was not married to his U.S. Citizen wife.

Our office filed a Motion to Remand for Adjustment of Status based on a pending I-130 to the BIA on April 5, 2013. We argued that our client will be eligible for adjustment of status once the I-130 is approved since he had a legal entry to the U.S., has no criminal records, and has no other grounds of inadmissibility.

We also attached a lot of bona fide marital evidence between our client and his U.S. citizen wife to demonstrate that the I-130 petition was approvable. Eventually, on May 30, 2013, the BIA granted our motion, reopened our client’s case, and the record was remanded for further proceedings.

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CASE: I-485 (Based on EB-2 I-140 Approval)
CLIENT: British Engineering Manager
LOCATION: Cleveland, OH

Our client is an engineering manager from the United Kingdom, who is currently working at a molded component manufacturing company in the greater Cleveland area. The company/petitioner was willing to petition him for a green card, in the second-preference category (EB2).

Our client has a Bachelor’s degree and has more than 5 years of related work experience. He has maintained his status as an H-1B visa holder in the United States. The issue is that he can only renew his H-1B after an I-140 petition is approved. After talking to our client, our firm advised that his potential employer can petition him as an Engineering Manager, specifically, Liquid Injection Molding (LIM) Process Engineering Manager.

Prior to filing the PERM labor certification application, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. As mentioned on our previous success story, we filed the PERM labor certification application for our client on August 8, 2012. Two months later, on October 10, 2012, the PERM labor certification was approved. There were no audits in this application. Our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employment verification letters from our client’s previous employers, and other necessary supporting documents.

The I-140 Petition was filed on October 31, 2012 via premium processing. On November 8, 2012, in only eight days, the I-140 EB2 for our British client was approved.

After the I-140 was approved, our client retained our office again for his I-485 adjustment of status application. On March 28, 2013, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on May 31, 2013, only about two months later, the USCIS Nebraska Service Center approved our client’s I-485 application.  Our client now is a green card holder.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Canadian
LOCATION: Detroit, MI

Our client is a medical doctor from Canada who last came here on an H-1B visa. He previously came here on a J-1 visa, but our firm filed and won a J-1 waiver for him based on extreme hardship.

He married a U.S. Citizen in January 2011 and retained our office on March 4, 2013 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on March 15, 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 client through conference calls.

On March 29, 2013, our client was interviewed at the Detroit, Michigan USCIS office.  Attorney JP Sarmiento from our office also accompanied them. Our client’s interview went well, and on the same day, his green card application was approved.

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CASE: I-485 approval after the Termination of Proceedings

CLIENT: Moldovan

LOCATION: Baltimore, MD (EOIR) / Fairfax, VA (USCIS)

Our client came to the United States from Moldova in 2008 with her ex-husband.  While they were residing at the Baltimore area, her ex-husband filed an asylum application to the USCIS.  Our client was a derivative applicant for this asylum application.  Later this case was referred to the Baltimore Immigration Court and removal proceedings were initiated against our client and her ex-husband.  While this asylum application was pending at the Immigration Court, our client and her ex-husband got a divorce due to marital difficulties.  Her previous immigration lawyer filed a Motion to Deconsolidate, but our client never got a response from her previous attorney nor the Court regarding the possible deconsolidation.

Her individual hearing was scheduled in May 2011, but she was not informed of this date.  She later learned that she had a final order of removal because of her absence from her ex-husband.  Once she learned about that, she contacted our office for legal assistance. We advised her that we can file a Motion to Reopen in absentia order of removal based on exceptional circumstances. She retained our office on August 15, 2011.

To rescind the final order, she has to get her case reopened. This is done through a Motion to Reopen filed with the Immigration Judge who gave the final order.  Based on this 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 hearing. If the Notice to Appear or hearing notice was sent to the wrong address for example, and not the last address you provided to the immigration service, then there’s a good basis for a Motion to Reopen.

On August 18, 2011, our office filed the Motion to Reopen with the Baltimore Immigration Court. Documentation of her address at the date of the final order, a detailed affidavit regarding her addresses and her circumstances around the final order date, documentation of her medical appointment on the day of hearing, the last address she provided to the immigration service and to the Immigration Court prior to the final order date, and other supporting documents were submitted (12 exhibits). Eventually, on September 23, 2011, the Baltimore Immigration Court granted our motion and reopened our client’s case.

Our client’s divorce was finalized on August 11, 2011.  After her case was reopened, she married her current U.S. citizen husband in July 2012.  Her U.S. citizen husband filed an I-130 petition on behalf of our client on August 16, 2012 with our legal assistance and they appeared at the I-130 interview on December 18, 2012 at the Fairfax, VA USCIS Field Office.  Prior to the interview, our office thoroughly prepared our client and her husband for the interview.  Although the interview was intensive, on January 9, 2013, the I-130 petition was approved.

After the I-130 was approved, our office filed a Motion to Terminate proceedings with an attached I-485 application and its supporting documents on January 30, 2013.  On February 13, 2013, our client appeared at the Baltimore Immigration Court for her initial master calendar hearing after the reopening of her case.  Attorney Sung Hee (Glen) Yu from our office represented our client at the hearing and sought termination before the Immigration Judge.  The Immigration Judge granted our Motion to Terminate and eventually terminated our client’s case without prejudice on the same day.

Once her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on March 7, 2013, 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 through conference calls.

On May 22, 2013, our client was interviewed at the Fairfax, Virginia USCIS office. Our client was fully prepared and the interview went well.  On the same day, her green card application was approved.

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CASE: I-130 and Consular Processing (Immigrant Visa)
CLIENT: US Citizen Petitioner Daughter; Chinese Beneficiary Parents in China
LOCATION: Petitioner: Ohio; Beneficiaries: China
I-130 FILED: April 26, 2012
I-130 APPROVED: October 10, 2012
IV APPROVED: May 6, 2013

Our client retained us to bring her parents over from China. She was born and raised in China, but was naturalized in the United States.

On April 26, 2012, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On October 10, 2012, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get her parents over to the United States.

On March 20, 2013, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s parents at the U.S. Consulate in Guangzhou, and we prepared them for their interview. On May 6, 2013, the U.S. Consulate in Guangzhou, China approved and issued their immigrant visas.

With the approved immigrant visa, our client’s parents can come to the United States immediately, and they will get their green cards within two weeks of entry.

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CASE:  I-601 Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Argentinian

LOCATION: Washington, D.C.

Our client came to the United States from Argentina as an F-1 student, and later got a job after graduation, eventually getting an H-1B visa.

He later married a U.S. citizen wife and his wife filed an I-130 petition for him. He concurrently filed an I-485 adjustment of status application in 2012.

The I-130 petition was approved; however, the USCIS issued a Notice to Intent to Deny on December 8, 2012 and requested our client to submit an I-601 waiver application because he was found inadmissible due to his previous criminal conviction.

In 2007, our client was convicted of a minor drug possession case in the United States. This conviction made him ineligible for adjustment of status.  As a result of this conviction, he was found to be inadmissible pursuant to Section 212(a)(2)(A)(i)(II) of the INA.  (Criminal ground of inadmissibility).

After the Notice of Intent to Deny was issued, our client contacted our office in December 2012 to pursue his I-601 waiver. Based on his story and surrounding circumstances (hardship to his U.S. citizen wife if he is deported), our office determined that he had a good chance of winning.  Eventually, he retained our office on December 12, 2012.

Section 212(h) of the Immigration and Nationality Act provides a waiver of INA § 212(a)(2)(A)(i)(II) if the crime relates to a single offense of possession of 30 grams or less of marijuana and the Applicant has a U.S. Citizen spouse who would suffer extreme hardship if he or she was denied admission into the United States. In Matter of Martinez-Espinoza, 25 I & N Dec. 118 (BIA 2009), the BIA held that a 212(h) waiver may be sought for a drug paraphernalia conviction that relates to a single offense of simple possession of marijuana. INA § 212(h) provides for a discretionary waiver of the criminal inadmissibility ground. To qualify for the waiver, the alien must establish that his or her U.S. Citizen or lawful permanent resident spouse would suffer extreme hardship if the alien were denied admission. INA § 212(h).

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 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 U.S. Citizen wife suffers from the misalignment of her foot and related surgeries due to a past incident. In the I-601 brief and supporting documents, our office included extensive medical reports from 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 needs consistent and continuous physical therapy to help deal with her pain 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 infant child. Also, it would be extremely difficult for her to get the same level of physical therapy and satisfactory access to medical services in Argentina 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 Argentina, 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 December 18, 2012, we filed the I-601 waiver application which included the brief in support, his wife’s medical records, and other documents that demonstrated hardship to his wife if he is removed from the United States.

On May 15, 2013, his I-601 waiver was approved. Now, his I-485 green card application will be considered again and will likely be approved.

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CASE:  I-485 Adjustment of Status / Termination of Removal Proceedings with an 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.

Once her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on February 25, 2013, 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 at our office.

On May 10, 2013, our client was interviewed at the Cleveland CIS office. Our attorney Sung Hee (Glen) Yu accompanied them as well. Our client was fully prepared and the interview went well.  On May 17, 2013, her green card application was approved.

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