CASE: I-140 / National Interest Waiver
CLIENT: Korean
LOCATION: Cleveland, OH

Our client contacted us in March 2011 and inquired about his chances of winning a National Interest Waiver self-petition. He is an extraordinary researcher and scientist in the field of Macromolecular Science and Engineering, a professor in Korea, who currently works as a visiting professor in an academic institution in Cleveland, Ohio.  Upon review of his credentials and qualifications, our office determined that he is a good candidate for the National Interest Waiver (NIW) category.

After our firm was retained, we prepared the application and coordinated with our client with his recommendation letters and supporting documents. We eventually prepared a 15-page cover letter for our client’s NIW filing, which included at least 10 letters of recommendation, his publication record, patents, and conference materials. In our brief, our office 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 67 exhibits (Exhibit A to OOO).

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on May 2, 2011.  On August 19, 2011, the USCIS approved his I-140 petition without any Request for Evidence.  Once his I-140 was approved, our office worked on his J-1 waiver of the 2-year foreign residency requirement.

Attorney Yu contacted the Korean Consulate General Office in Chicago to pursue our client’s waiver. The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver. Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On October 11, 2011 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State. We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust with an approved I-140 if he obtains the waiver.

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC. After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. On December 2, 2011, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued an I-612 approval notice on January 12, 2012.

On January 24, 2012, our office filed an I-485 adjustment of status application for our client and his derivative family members. Everything went smoothly and the receipt notices and fingerprint appointment came on time. However, on April 6, 2012, the USCIS Nebraska Service Center issued a request for evidence (RFE) on whether our client continued to be engaged in the occupation that is the basis of his national interest waiver. They mentioned that our client’s visiting professorship term ended three weeks after we filed his I-485 application and his employment with his home institution in South Korea was still ongoing.

The RFE letter from the USCIS requested us to submit evidence which established that the Applicant continued to be engaged in the occupation that is the basis of his national interest waiver. In our response brief, we noted that he is still engaged in the field which formed the basis of his National Interest Waiver. After the I-140 was approved, he proceeded to author more important publications, and was invited to several conferences and presentations in the world.  We also explained that his employment relationship with his home institution and the institution of his visiting professorship in Cleveland, OH, and explained why he applied for adjustment of status in the United States – to continue as a professor, researcher and scientist in the field of Macromolecular Science and Engineering / Chemistry / Polymer Science (Fiber System Engineering).  In our response to RFE, we included our client’s recent publications, invitation letters for upcoming conferences in the United States, and his on-going memberships with professional associations. Our office filed this response to RFE on April 16, 2012.

On April 26, 2012, the USCIS Nebraska Service Center approved our client’s adjustment of status application. The derivative applicants of this case (his immediate family members) also received the I-485 approval.  Now, our client and his family members are finally green card holders.

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

Our client came to the United States in November 1993 as a B-2 visitor from Costa Rica. Although her authorized stay in the United States expired in December 1993, she has remained in the United States. Her husband was in the United States at that time, and later her husband got his green card through NACARA and eventually became a naturalized U.S. Citizen in March 2011.  Her husband filed an I-130 petition on behalf of our client in 2003 when he was a green card holder, this petition was later approved in 2006. Our client and her husband retained our office on August 18, 2011 for her adjustment of status application.  Our firm prepared and filed the Adjustment of Status Application on February 9, 2012.  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 April 25, 2012, our client was interviewed at the Houston, Texas USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied them.  On the same day, her green card application was approved.

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

Our client came to the United States in September 2007 with an H-2B seasonal temporary work visa from Jamaica. She married a U.S. Citizen in July 2011 and retained our office on November 7, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on November 18, 2011.  Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time.  Prior to the interview, we thoroughly prepared our clients.  On April 26, 2012, our client was interviewed at the New York, NY USCIS.  Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  On the same day, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Cameroon
LOCATION: Virginia

Our client came to the United States in August 2009 on a B-2 visitor’s visa from Cameroon. Although her authorized stay in the United States expired in November 2009, she stayed in the United States since then.  She married a U.S. Citizen in March 2011 and retained our office on July 21, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on August 12, 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 through conference call.  On April 18, 2012, our client was interviewed at the Fairfax, VA USCIS Field Office.  On April 20, 2012, her green card application was approved.

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CASE: Motion to Reopen
CLIENT: Ghanaian
LOCATION: Phoenix, AZ / Immigration Court: Arlington, VA

Our client came to the United States on a valid B-2 visa from Ghana in 2004 to visit his aunt in Maryland. Later, he decided to stay in the United States, and did not leave. He worked illegally, and on June 2004, our client got picked up at work by immigration officers and was issued a Notice to Appear.

The Notice to Appear did not have a hearing date and time. He was told he would get a hearing notice in the mail. He never moved for the next two years, yet he never received any hearing notice in the mail. Thus, he never got notice of his hearing. Our client thought that the immigration court just closed his case due to his young age at that time.

More than three years later, he married his U.S. Citizen wife and moved to Arizona. They have a U.S. citizen child as well.

He contacted our firm to inquire about the possibilities of applying for adjustment of status. Upon checking his documents, we found out that he had a final order in 2005. He said he was not aware that he had a hearing date in March 2005. He explained that he got a Notice to Appear, was expecting a hearing notice, lived at the address that was on the Notice to Appear for the next two years, yet never received anything. Because of his absence at the Arlington Immigration Court hearing, the court issued an in absentia order of removal in 2005.  We told him that we have to reopen his case first before he can even apply for adjustment of status.

To rescind the final order, he has to get his 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 notice of the hearing.

On March 9, 2012, our office filed the Motion to Reopen with the Arlington Immigration Court. Documentation of his address at the date of the final order, a detailed 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 (26 exhibits). On April 11, 2012, the Arlington Immigration Court granted our motion and reopened our client’s case.  Our client now does not have the final order of removal and may seek adjustment of status relief with the Immigration Court upon approval of the I-130 marriage-based petition that was filed for him. He may also seek termination of removal proceedings and apply for adjustment of status with the CIS instead.

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Case: TPS Extension
Client: Honduran
Location: Michigan

The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.  USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States.  Eligible individuals without nationality who last resided in the designated country may also be granted TPS. The Secretary may designate a country for TPS due to the following temporary conditions in the country: 1) Ongoing armed conflict (such as civil war); 2) An environmental disaster (such as earthquake or hurricane), or 3) an epidemic other extraordinary and temporary conditions.  During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):

• Are not removable from the United States
• Can obtain an employment authorization document (EAD)
• May be granted for travel authorization

Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.

Our client first entered the United States in 1996 and has resided in the U.S. ever since. He had obtained TPS and work permits for a long time.  He contacted our office in December 2011 for his TPS re-registration and work permit. He previously tried to re-register the TPS, but it was denied due to his criminal record. He has not had a work permit for over 2 years. Our client retained us on January 3, 2012.  On January 4, 2012, our office filed his TPS Application and Work Permit with a brief regarding his eligibility.  We explained that our client has continued residence in the United States and continued physical presence since 1999. On March 23, 2012, the USCIS approved his TPS and issued a valid work permit for our client.

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CASE: Bond Redetermination Hearing
APPLICANT: Chinese
LOCATION: Florence Immigration Court, AZ

Our office was contacted in early March regarding a Chinese individual detained in Florence, Arizona. He tried to enter the United States without valid documents and was incarcerated by immigration officers.

Prior to retention, the Immigration and Customs Enforcement already set a very high bond amount.  Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence Immigration Court in Arizona.  Our office communicated with him and his U.S. resident relative in Pennsylvania, and gathered as much information regarding his relief, equities, criminal record, family ties, and financial ability to post bond.  We also gathered supporting documents from his relative, from proof of their status and residence, to bank statements and tax returns.

On April 6, 2012, Attorney Sung Hee (Glen) Yu represented our client in his Florence Arizona Immigration Court bond re-determination hearing. The DHS proposed a bond but it was too high. During the bond re-determination hearing, we explained to the Court that our client already passed his credible fear interview, was not a flight risk, had established his residence upon release, had established his financial ability to post bond, and had ample family ties in the United States who submitted proof of their residence and immigration status.  Moreover, our office explained that his lack of criminal records, designated address with contact information from his relative in the United States, ability to post bond, and eligibility for asylum relief clearly demonstrate that the bond should be reduced.  At the end of the hearing, the Immigration Judge took our arguments into account and reduced the bond amount by one third of the original amount.

Our client has been released and is in the process of preparing his asylum application.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Jamaican
LOCATION: Newark, NJ

Our client came to the United States in October 2008 on an H-2 temporary work visa from Jamaica.  She married a U.S. Citizen in August 2011 and months later wished to apply for a green card. We met them for consultations in New Jersey and they retained our office on January 9.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 19, 2012. 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 April 4, 2012, our client was interviewed at the Newark, NJ USCIS.  Attorney Sung Hee (Glen) Yu from our office 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: Asylum in Immigration Court
CLIENT: Russian
LOCATION: New York Immigration Court

Our Russian client came to the United States on a J-1 visa in June 2009.  She was persecuted in Russia based on her ethnicity, so within one year of her entry, she filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS.  She was interviewed at the Asylum Office in New York, but her case was referred to an immigration judge in June 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 her written statement.

After the case was referred to the Immigration Court, our client contacted our office in late January of 2011. We met her in New York City for the consultation. She then retained our office on February 4, 2011.

Our client was scared to go back home to Russia, fearing that she will be persecuted based on her ethnicity. Our client lived in Russia with her mother, however, her mother was attacked by racial extremists and she was severely injured by the attack.  Later in 2008, our client was severely attacked by a group of skinheads based on her ethnicity. As a result of this attack, she had rib fractures and a concussion. The Russian police did not fully investigate the incident and could not arrest any attackers.

We helped her prepare her asylum application and represented her in immigration court hearings. We also asked her to provide supporting documents corroborating her claim, some of which were a letter from her mother and friends in Russia, Russian medical documents of our client and her mother, and her membership certification with the anti-fascist front. Our firm also did some research on articles related to her claim, and the type of persecution she will experience in Russia if sent back.

Our client’s individual hearing was scheduled on August 11, 2011 at the New York Immigration Court. Attorney Sung Hee Yu represented our client at the hearing. During the hearing, our client testified credibly as to her past persecution in Russia and likelihood of future persecution. After the hearing, the Immigration Judge requested us to submit a new X-ray and psychiatry report from U.S. doctors. The court also requested our client’s doctor to testify at the hearing. On April 5, 2012, after the doctor’s expert testimony, the Immigration Judge granted asylum relief for our client. She is now an asylee who will get her work permit in two weeks and will be eligible to apply for permanent residency in one year.

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

Our client came to the United States from South Korea in August 2010 with an F-1 student visa to study in Columbus.  She married a U.S. Citizen in September 2011 and retained our office on September 27, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 17, 2011.  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 March 30, 2012, our client was interviewed at the Columbus, Ohio USCIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied them at the interview as well.  On the same day, her green card application was approved.

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