CASE: Marriage-Based Adjustment of Status
CLIENT: Kenyan
LOCATION: St. Louis, MO

Our client came to the United States in August 1999 with an F-1 Student visa from Kenya. He overstayed past his visa and remained in the US for the next ten plus years.

He eventually met and later married a U.S. Citizen in January 2010, someone he met at work. They lived together for a while but due to employment reasons, he had to move to Kansas City for a while. That was the main issue for his case when he consulted. He was afraid that their living arrangements would hurt their case.

We understood that living arrangements is a factor that CIS delves into, however, legitimate reasons backed up by other bona fide evidence could overcome this. We thought, considering they maintained joint finances, had occasional visits to each other considering the 4 hour drive, and based on the fact that he had to move due to work, that their case was plausible.

He retained our firm and we prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 20, 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. We explained that they have to emphasize the reason why they had to live separately, which is because of work. We also explained and asked them to bring documentation of the fact that despite them living separately, that they visited each other on certain occasions. We asked them to remember specific details of each visit, and we were certain the officer would ask about this. More importantly, we asked them to bring concrete evidence of their visits, and commingling of finances despite living separately due to work.

On June 19, 2012, our client was interviewed at the St. Louis, MO USCIS office.  As expected, it was not approved immediately and the officer issued a request for evidence. Our firm submitted a response to the request for evidence and another interview was scheduled on November 14, 2012 in St. Louis. Attorney JP Sarmiento from our office accompanied them at this interview. The focus was not when and how they met this time, but solely on the living arrangements, and occasional visits of our client.

On March 4, 2013, the I-130 petition and I-485 adjustment of status application were both approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: British
LOCATION: Pittsburgh, PA

Our client came to the United States in June 2001 with a F-1 Student visa from United Kingdom.  He married a U.S. Citizen in April 2008 and retained our office on August 3, 2012 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 7, 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 November 26, 2012, our client was interviewed at the Pittsburgh, PA USCIS office. On February 27, 2013, his green card application was approved.

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CASE: Motion to Reopen / I-130 approval / 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 is 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 Immigration Judge.  The Immigration Judge granted our 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 with USCIS to obtain her green card.

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CASE: I-360 Petition

NATIONALITY: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 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 is prima facie approvable. Nevertheless, our client’s I-360 petition was pending for a while.

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 thoroughly 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 client may now seek termination of her removal proceedings at the Immigration Court.  Once that is done, she can file her I-485 adjustment of status application to the USCIS directly.

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Case: I-130/I-485
Applicant/Beneficiary – German
Location: Memphis, TN

Our client entered the United States in November 2010 from Germany under the visa waiver program. He came here to visit his U.S. citizen girlfriend (now his wife). As a Visa Waiver Entrant, he was only authorized to remain in the United States only for 90 days.

Later, in April 2011, our client and his U.S. citizen girlfriend married in the United States. His wife contacted our office, and they retained our office on July 8, 2011.  One main issue in his green card application through marriage was the fact that he came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Since our client resided in Memphis, Tennessee, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  However, it was quite foreseeable that the USCIS field office will exercise its discretion to deny his application because of his visa waiver entry.

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on November 8, 2012.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On February 19, 2013, our client was interviewed at the Memphis, Tennessee USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved his green card application on the same day.  Now, our client is a green card holder.

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CASE: Termination of Removal Proceedings Based on 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. Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card.

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CASE: Asylum in Immigration Court

CLIENT: Ethiopian

LOCATION: Cleveland Immigration Court

Our Ethiopian client came to the United States on a B-2 visa in January 2010. He was persecuted and harmed in Ethiopia based on his political opinion and political activism, so within one year of his entry, he filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS.

He was interviewed at the Asylum Office, but his case was referred to an immigration judge in September 2010. The Notice to Appear was issued and our client was placed in removal proceedings. The USCIS thought that our client’s testimony was different from that of his written statement and found that there is no future persecution.

After the case was referred to the Immigration Court, our client contacted our office in early December of 2010, and eventually retained our office on December 10, 2010.

Our client was scared to go back home to Ethiopia, fearing that he will be persecuted based on his political opinion and his past political participation which alleged to be anti-government activities.

While our client was a medical student in Ethiopia, he actively expressed his opinion regarding the problematic election process, called meetings in campus and informed fellow students about their voting rights. As a result, he was arrested and detained multiple times by the Ethiopian police and has experienced harm and mistreatments in numerous occasions.

We helped him supplement his asylum application and represented him in immigration court hearings. We also asked him to provide supporting documents corroborating his claim, some of which were a letter from his family member in Ethiopia, and his membership certification with the different organizations. Our firm also did some research on articles related to his claim, and the type of persecution he will experience in Ethiopia if sent back.

Our client’s individual hearing was scheduled on February 19, 2013 at the Cleveland Immigration Court. Attorney Sung Hee (Glen) Yu from our firm prepared him extensively twice, both of which lasted several hours. He also represented our client at his Individual Hearing.

During the hearing, our client testified credibly as to his past persecution in Ethiopia and likelihood of future persecution. After the hearing, the Immigration Judge granted asylum relief for our client. He is now an asylee who will get his work permit in a short period of time and will be eligible to apply for permanent residency in one year.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Chinese

LOCATION: Cincinnati, Ohio (USCIS) / Cleveland, Ohio (EOIR)

Our client is a Chinese citizen who came to the U.S. on a B-2 Visitor’s Visa in December 2005. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings, which was initiated at the Los Angeles Immigration Court in California.

Our client married his second husband in December 2011 in Ohio. She initially contacted our office for a Change of Venue to Cleveland.  She retained our office on January 12, 2012.

We then filed a Motion for Change of Venue from Los Angeles to Cleveland on behalf of our client. The Immigration Judge granted the Motion and her case was transferred to the Cleveland Immigration Court.

Our office then prepared and filed an I-130 Petition with a lot of bona fide marriage evidence on January 26, 2012. The petition also included a bona fide marriage exception letter.

While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on January 25, 2012 for her initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented her at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition.

Our client’s I-130 interview was scheduled on October 29, 2012 at the Cincinnati USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his husband for the interview. Attorney Yu also accompanied them at their interview. The interview lasted one hour, our clients were separated, but the I-130 petition was eventually approved on December 8, 2012.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. 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 12, 2013. Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card.

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CASE: Marriage-Based Adjustment of Status.

NATIONALITY:Indonesian

LOCATION: Cleveland, OH

Our client is from Indonesia who came to the U.S. on a J-1 Visa in July 2007.  He came to the U.S. for business training, but his J-1 program was subject to two-year foreign resident requirement. He overstayed.

In June 2012, our client married his U.S. Citizen wife.  He is eligible to get a green card through his marriage, but he had to get a waiver of his two-year foreign residency requirement first. In order to get a waiver of his two-year foreign residency requirement, he consulted with our office and later decided to retain our office on June 26, 2012.

As our previous success story explained, our office worked on our client’s 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 August 16, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS issued an I-612 approval notice for our client’s waiver of two-year foreign residency on November 19, 2012.

After we received the I-612 waiver, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on November 29, 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 February 13, 2013, our client was interviewed at the Cleveland USCIS office.  We accompanied our client at his interview as well.  On the same day, his green card application was approved.

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CASE: I-485 (National Interest Waiver Category)
CLIENT: Korean
LOCATION: Raleigh, North Carolina

Our client contacted us in February 2012 about the possibility of doing a National Interest Waiver. He is a post-doctorate researcher and scientist in the field of Chemistry, and is currently working as a post-doctorate researcher in an academic institution in Raleigh, North Carolina.

His contributions have placed him at the “pinnacle of the field” of inorganic materials and solid-state chemistry. He is a leading scientist with an excellent reputation in the development of successful synthesis of several new layered perovskite structures, which he then characterized by several in-depth structural methods.

Our client was on a J-1 visa, but he got his 212(e) waiver before he applied for the National Interest Waiver I-140 and I-485 applications.

As a primer, NIW applicants must have a master’s or higher degree. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation , 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 17-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 35 exhibits (Exhibit A to NN).

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on October 1, 2012. On November 30, 2012, the USCIS approved his I-140 petition without any Requests for Evidence.

While his I-140 was pending, we filed an I-485 adjustment of status application for our client and his wife on November 20, 2012. Everything went smoothly and the receipt notices and fingerprint appointment came on time.  Our client received his work permit and travel permit from the USCIS on December 26, 2012.

Eventually, on February 8, 2013, the USCIS Texas Service Center approved our client’s adjustment of status application.  Our client’s wife also received the I-485 approval as a derivative applicant of this case. Now, our client finally is a green card holder.

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