CASE: Marriage-Based Adjustment of Status

CLIENT: Brazilian

LOCATION: Cleveland, OH

Our client came to the United States in September 2000 with a B-2 visitors visa from Brazil. She has remained in the United States ever since.

She married a U.S. Citizen in November 2011 and retained our office on April 30, 2012 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on January 18, 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 at our office.

On April 12, 2013, our client was interviewed at the Cleveland, OH CIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On the same day, her green card application was approved.

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CASE: Termination of Proceedings based on I-360 Approval

CLIENT: Kenyan

LOCATION: Ohio

Our Kenyan client came to the U.S. on a J-1 Visa in 2004. She overstayed and was placed in removal proceedings two years ago, and she retained our office for legal representation.

When she came in 2004, her visa made her subject to the 2-year foreign residency requirement. As our previous success story explained, this client received an I-612 J-1 waiver approval from the USCIS in January 2012 with our assistance.

Our office then filed her I-360 VAWA petition as a spouse of an abusive U.S. Citizen. Our client experienced domestic violence and spousal abuse while she was married to her ex-husband. Thus, we filed and prepared her I-360 petition, which included 26 exhibits and a detailed brief to the USCIS Vermont Service Center on May 5, 2011. This petition was also reviewed by the Immigration Judge during our client’s Master Calendar hearing and the IJ opined that our client’s I-360 petition was prima facie approvable.

Despite our client’s thoroughly prepared I-360 application, in August 2012, the USCIS Vermont Service Center issued a Request for Evidence (RFE). Specifically, the RFE letter requested our client to submit more medical documents to prove her ex-husband subjected her to extreme cruelty. Moreover, the RFE letter asked our client to submit more notarized affidavits of witnesses. Our client and our office gathered the requested documents, and filed a response to RFE on November 7, 2012 with 13 exhibits.

Finally, on February 22, 2013, the USCIS Vermont Service Center approved our client’s I-360 petition.

With the approved I-360 and I-612 J-1 waiver, our office filed a Request to Join in a Motion to Terminate proceedings to the USICE-DHS Cleveland Office with an attached I-485 application and its supporting documents on April 2, 2013.

On April 6, 2013, the assistant chief counsel of the DHS agreed with us and signed on a joint motion to terminate. On April 9, 2013, our client appeared at the Cleveland Immigration Court for her master calendar hearing.  The Immigration Judge granted the Joint Motion to Terminate and eventually terminated our client’s case without prejudice on the same day.  Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card.

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CASE: N-400 (Citizenship / Naturalization) APPLICANT: Chinese LOCATION: Cleveland, Ohio

Our client came to the United States from China in 2005 as a permanent resident. She came in on an immigrant visa through marriage. She was married for over two years prior to the immigrant visa and green card issuance, and as such she got a ten year green card. However, she got separated from her husband months after her entry.

Since then, she has worked in the United States as a green card holder, but never applied for naturalization.

When you apply for naturalization three years from your green card issuance, you have to still be married to the US Citizen spouse who petitioned you. If you are separated, you have to wait 5 years from the green card issuance date. This DOES NOT preclude the immigration officers from still making inquiries on the bona fide nature or lack thereof of your previous marriage.

She initially filed her Naturalization Application in April 2012.  However, our client contacted us in early May 2012 and asked our legal assistance, guidance and help for her upcoming naturalization interview.  Our client was concerned about two things. She was concerned about her marital history.  Second, she had numerous trips to China for the last five years.

Although she went to China several times, she never was abroad more than 180 days continuously.

Our office prepared her extensively for the interview, and also accompanied her on July 3, 2012 at the Cleveland CIS office. She indeed was questioned about her marital past for over an hour, but she was ready after our preparations.

Our client answered all questions thoroughly and passed her citizenship interview.

Her N-400 was approved on March 20, 2013. Her oath taking is scheduled on April 5, 2013 in which she will be a U.S. Citizen.

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For other naturalization and citizenship success stories, please click here.

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CASE: Asylee Green Card

CLIENT: Chinese

LOCATION: Virginia

Our client and his family members came to the United States from China with a B-2 visa and through our representation, was granted asylum on February 2011 by the USCIS.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status.

Around February 2012, one year after he got his asylee status in the United States, our client contacted our office again and sought legal assistance for his and his family members’ green card application.

We prepared and filed his I-485 Green Card Application on March 7, 2012. Everything went smoothly and the receipt notice and fingerprint appointment all came on time. On March 4, 2013, the USCIS approved our client’s Adjustment of Status application. He and his family members are now permanent residents of the United States.

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CASE: Asylum

 CLIENT: Zimbabwean

 LOCATION: San Antonio / Houston

Our client, a Zimbabwean asylum seeker from San Antonio Texas retained us on November 29, 2012 to help her with her asylum case. She was an F-1 student at ta US college. She wanted to seek asylum relief with the US Citizenship and Immigration Service.

While she was in Zimbabwe last summer, she was raped due to her political opinion and political affiliation of her parents. She is scared to go back home to Zimbabwe, fearing that she will be persecuted again.

We helped her prepare her asylum application, going over several drafts until her claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to her asylum claim were addressed. We also asked her to provide supporting documents corroborating her claims. Our firm also did some research on articles pertaining to her particular claim, and the type of persecution that members of anti-government political activists suffer in Zimbabwe.

We also cited several case law relevant to asylum in our brief, including several that held that rape was  a form of persecution.

The asylum application was filed in December 14, 2012. On January 9, 2013, the CIS issued an interview notice for her asylum case, scheduled for January 28, 2013 in Houston, Texas. Prior to her interview, our office prepared her thoroughly for her case, going over two practice interviews via Skype to make sure she was able to address questions the asylum officer would ask.

On March 13, 2013, the CIS in Houston approved our client’s asylum case. She is now an asylee and will be eligible to apply for permanent resident status in one year.  She also would obtain her work permit in about two weeks.

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CASE: J-1 Visa Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Colorado

Our Filipina client came on a J-1 visa in July 2008. Upon completion of her J-1 program, she remained in the United States and overstayed. She was subject to the two-year foreign residency requirement.

In March 2011, she got married to her U.S. citizen husband and later consulted with our firm for her J-1 visa waiver. She had to do this first before becoming eligible to adjust status.

Upon retention, our office prepared and filed a waiver request based on the No Objection Statement (NOS) from the Philippine Embassy in the United States.

On May 17, 2012, the J-1 Visa Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Illinois, Minnesota, and Colorado State Government to get authentication for necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippine Government) were sent to the Philippine Consulate in Chicago for further authentication (she was residing in Minnesota at the time of the authentication process).  On July 26, 2012, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. The Waiver Review Committee eventually approved the No Objection request and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement to the U.S. Department of State.

On February 25, 2013, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 8, 2013, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment of status application along with her U.S. Citizen husband’s I-130 petition.

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

Our client came to the United States in November 2010 with an H-1B work visa from the Philippines.

She married a U.S. Citizen in June 2012 and retained our office on November 22, 2012 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 5, 2012.  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 March 13, 2013, our client was interviewed at the Chicago, IL USCIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. On the same day, her green card application was approved.

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If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage-based green card success stories, please click here.

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Also feel free to contact our office anytime for free consultations.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Korean
LOCATION: Cleveland, OH

Our client came to the United States in August 2007 with an F-1 Student visa from South Korea.  She married a U.S. Citizen in November 2012 and retained our office on November 6, 2012 for her adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 18, 2012.  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 March 8, 2013, our client was interviewed at the Cleveland, OH USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On the same day, her green card application was approved.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage green card success stories, please click here.

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CASE: Motion to Reopen / Termination of Removal Proceedings

CLIENT: Chinese

LOCATION: New York, NY

Our client came to the United States from China with valid B-2 visitor’s visa in 1996. Within one year of his entry, he filed an I-589 Application for Asylum.

In January 1998, our client had his asylum interview in Rosedale, New York. After the interview, his asylum application was referred to the New York Immigration Court and a Notice to Appear was issued for our client.

Respondent attended his first hearing, but missed his second hearing in December 1998. Respondent said he did not know of his second hearing, and that his attorney never informed him of such. Thus, he missed it.

Our client has remained in the U.S. ever since to take care and raise his U.S. Citizen daughter. He was with his wife who is now a lawful permanent resident.  Over the past decade, his wife had suffered from several medical issues.

Our client then became the beneficiary of an approved I-130 petition filed by his U.S. Citizen daughter. However, he could not adjust his status based on this I-130 petition due to his final order of removal.

Prior to retaining our office, our client tried to reopen his case with the Immigration Court through two other immigration lawyers in New York; however, both were not successful.

We reviewed his case and informed him that reopening will be tough because previous lawyers have tried twice and were denied. We told him that if we were to do it, we plan to emphasize the medical hardships of his wife and also technically address the ineffective assistance of counsel issue, by having him do all necessary steps, from the bar complaint, to proper notification, and others. He agreed.

On December 8, 2011, our client retained our office to do another Request to Join in a Motion to Reopen.

Once retained, our office extensively prepared and gathered documents for our client’s request to join in a Motion to Reopen with the DHS.  As set for forth in Bo Cooper’s May 17, 2001 Memorandum, in determining whether to join in a Motion to Reopen, the INS (now the DHS) should consider the following factors: (1) whether adjustment of status was available at the prior hearing; (2) whether the alien is statutorily eligible for adjustment of status; and (3) whether the alien merits a favorable exercise of discretion.

In considering these factors, as delineated in William J. Howard’s October 24, 2005, Memorandum, “where a motion to reopen for adjustment of status… is filed on behalf of an alien with substantial equities, no serious criminal or immigration violations, and who is legally eligible to be granted relief except that the motion is beyond the 90-day limitation contained in 8 C.F.R. Section 1003.23, strongly consider exercising prosecutorial discretion and join in this motion to reopen to permit the alien to pursue such relief to the immigration court.”

Thus, we argued that if our client’s case is reopened, he will be prima facie eligible to adjust his status.  In our brief, we argued that our client had substantial equities considering the medical records of his wife and legal status of both his wife and daughter.

Our client had no criminal records and his immigration violation was for overstaying his legal entry.  Despite his overstay, our client still filed for asylum within one year of his entry to the United States. We pointed out that our client was not informed of his immigration hearing due to the ineffective assistance of his previous immigration counsel. We also pointed out that his daughter is a world class pianist who has perfumed in several prestigious events.

On July 11, 2012, our office filed the Request to Join in a Motion to Reopen to the Office of Chief Counsel in New York, NY.  In an 11-page brief, we pointed out several factors from his detailed affidavit regarding his immigration history and equities. Several affidavits from his family members were also included.

We also included over 200 pages of supporting documents to show his wife’s medical issues, his prima facie eligibility for adjustment of status if his case was reopened, and Lozada compliance documents.

On December 4, 2012, after two tries by our client with two other lawyers, the New York DHS-ICE office agreed to join in the motion to reopen for the sole purpose of having the Court terminate the case without prejudice to allow our client to seek adjustment of status.

Once we got consent from the DHS, our office prepared and filed a Motion to Reopen and Motion to Terminate to the Board of Immigration Appeals on December 21, 2012.  Eventually, the Board of Immigration of Appeals granted our Motions on March 5, 2012.  Now, our client’s final order of removal is rescinded, and he can file an I-485 adjustment of status application based on the approved I-130 petition to the USCIS directly.

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For other Motion to Terminate success story, please click here.

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CASE: Adjustment of Status in Removal Proceedings / Administrative Closure
CLIENT: Filipinos
LOCATION: Charlotte, NC (EOIR) / Charleston, SC (USCIS)

Our clients came to the United States in November 2011 with K-1 and K-2 visas from the Philippines (mother and four children).

In 2005, our clients adjusted status in the United States and became green card holders.  However, in January 2011, the DHS issued a Notice to Appear against our clients. The NTA alleged that the mother’s marriage to her U.S. citizen husband (they divorced in 2006) was fraudulent, and so the allegations made them removable from the United States. They were placed in deportation proceedings at the Charlotte Immigration Court.

Once the NTAs were issued, our client’s family contacted our office for legal assistance and retained our office on February 16, 2011.

On May 2, 2011, Attorney Sung Hee (Glen) Yu from our office represented our client and her family members at their initial master calendar hearings at the Charlotte Immigration Court.

Mr. Yu first denied some of alleged factual allegations on their NTAs and requested a removability hearing.

Before that hearing, the government submitted their evidence to prove removability. It was substantial, with multiple exhibits and several proofs that made it extremely hard for all of our clients to overcome removability. In August 2011, the removability hearing was held, but due to the evidence presented by the government, which included email correspondence by Respondent as submitted by her ex-husband, the Immigration Judge found the mother removable under the alleged fraud charge.

The mother’s case as she knew was weak, but she explained to us beforehand that she wanted to save her four children. She just wanted them to remain in the US and preserve their future. She worked hard to support them here.

We argued that the mother’s fraud should not be imputed to her children. After testimony and closing, our client’s mother was granted for Voluntary Departure and she eventually complied with the court’s order. More importantly, the court also dropped all fraud charges for all her kids. That was huge.

Our client (the eldest daughter) then married her U.S. Citizen husband in February 2011.  Our client’s husband filed an I-130 petition on behalf of our client in August 2011, and this I-130 petition was approved by the USCIS Charleston Field Office in February 2012. Once her I-130 was approved, our office informed the Court and sought adjustment of status based on this I-130 petition.  Her siblings sought a waiver under INA Section 212(k) as well and the Immigration Judge found that they were eligible to file this waiver.

After several hearings in between, the 7^th hearing came up – the individual hearing.

On March 4, 2013, Attorney Glen Yu represented our clients at their Individual Hearing. One of them for adjustment of status. The three other children had borderline cases with no immediate relief, and the best thing for them was administrative closure, in which they get to stay and work in the United States.

Our office and the DHS communicated with each other, and both moved for administrative closure for our the three siblings.

On March 4, 2013, the Immigration Judge granted our joint motion and administratively closed the three sibling’s cases.

For the eldest sister, during the adjustment of hearing, there were the direct and cross examinations regarding her adjustment of status application. Eventually, the Immigration Judge approved our client’s adjustment of status relief. Our client’s removal proceedings were terminated simultaneously. After seven hearings, our client is finally a green card holder while her siblings all got their deportation cases administratively closed.

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If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage-based green card success stories, please click here.

For other deportation success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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