CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Guatemalan

LOCATION: Cleveland, Ohio

Our client came to the United States from Guatemala in January 2000 without inspection and admission. He married his LPR wife in January 2011. They have a U.S. citizen daughter together.  His LPR wife filed an I-130 petition for him on December 12, 2016. This I-130 petition was approved on May 17, 2018.

Our client cannot file for adjustment of status application due to his ground of inadmissibility. He needs a waiver of inadmissibility to become a green card holder. Moreover, our client was placed into removal proceedings, but with our office’s assistance, his removal proceeding was administratively closed in November 2012 to file the provisional waiver application. 

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States.

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

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 the 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-601A application had a good chance since our client’s LPR wife suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of 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 has ongoing medical hardships 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 children. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Guatemala 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 Guatemala, 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 November 14, 2018, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States.

Eventually, his I-601A waiver was approved on August 12, 2019. Now, he can file packet 3 and 4 here in the United States, and would go to Guatemala shortly to get his immigrant visa.

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Extreme Hardship

 NATIONALITY:  Iranian

 LOCATION: Tuscaloosa, Alabama

Our client came from Iran and came to the U.S. as a J-1 short-term scholar in 2013.  In 2015, he got his F-1 status as a Ph.D. Student in the United States. His J-1 status made him subject to the two-year foreign resident requirement. Our client would like to file his adjustment of status application along with his I-140 NIW application; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen son is experiencing exceptional medical hardships. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After he retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On July 31, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen son’s medical conditions.  On August 14, 2017, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s son would experience exceptional hardship if our client needs to go back to Iran for two years. 

Eventually, the USCIS approved his I-612 waiver on August 19, 2019. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his NIW I-140 self-petition in the United States. 

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Filipino

LOCATION: Bullhead City, AZ

Our client came to the United States from the Philippines on a J-1 Exchange Visitor’s visa in 2015. He married his U.S. Citizen same-sex spouse in March 2016.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law. 

They married in Nevada where the same-sex marriage is recognized. Our client contacted our office and retained us on July 31, 2018 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on August 21, 2018. 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 via conference calls. On August 19, 2019, our client was interviewed at the Phoenix, Arizona USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Anson, TX 

Our client came to the United States from the Philippines on a H-1B visa in January 2017 to work as a medical scientist. She married a U.S. Citizen in June 2018 and retained our office on August 27, 2018 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 2, 2018. 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 via conference calls. On August 17, 2019, our client was interviewed at the Dallas, Texas USCIS office. Eventually, after the interview, her green card application was approved.

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CASE: I-751

APPLICANT: Egyptian

LOCATION: Strongsville, OH

Our client contacted our office in August of 2018 regarding his I-751 application.

He is from Egypt and he married a U.S. citizen in September 2015. Through his marriage, he obtained a 2-year conditional green card in December of 2016.  His conditional residency terminated in December 2018.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on September 12, 2018, and our office prepared an I-751 application for our client with other supplemental exhibits.

On September 20, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on August 14, 2019, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement 

NATIONALITY: Turkish                                                                                                        

LOCATION: Bryan, TX

Our client is from Turkey who came to the U.S. on a J-1 Visa in January 2012 as a research scholar. In June 2019, she married her U.S. citizen spouse. She wishes to apply for a waiver of the two year foreign residency requirement so that she can file her adjustment of status application along with her husband’s I-130 petition.  

Once she retained our office, we promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Turkish Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Turkish Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver and Turkish National ID.

On June 17, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Turkish Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client wants to adjust her status based on her marriage to U.S. citizen spouse. 

Eventually, the Turkish Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On July 25, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On August 13, 2019, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement.

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Cameroonian
LOCATION: Columbus, OH (USCIS) / Cleveland, OH (EOIR)

Our client came to the United States in December 2013 on a F-1 student visa from Cameroon. Later, she filed an asylum application and her asylum interview was conducted by the USCIS. Her case was referred to the Cleveland Immigration Court and she retained our office for the representation of her removal proceedings in 2017. 

She married a U.S. Citizen in October 2018.  Our client’s husband filed I-130 petition on behalf of our client, and this I-130 petition was approved by USCIS Columbus Field Office in July 2019. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients.   Once the I-130 petition is approved, our office prepared and filed the I-485 Adjustment of Status Application, pre-hearing memorandum, and other supporting documents to the Cleveland Immigration Court.

On August 19, 2019, Attorney Sung Hee (Glen) Yu represented our client’s at her Individual Hearing for adjustment of status at the Cleveland Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status relief. Our client’s removal proceeding is terminated simultaneously. Now, our client becomes a green card holder.    

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently works in the Philippines. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

Since she is a registered nurse, she is eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.

Our client has a nursing degree and has Texas Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on April 15, 2019 and started on her Prevailing Wage Request.

We filed the I-140 application on August 8, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. Without any issuance of Request for Evidence (RFE), on August 17, 2019, the I-140 was approved. Now, our client can file an immigrant visa application based on the approved I-140 petition when her priority dates become current.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Cleveland, OH

Our client contacted us in April 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in 2002. 

Upon retention, we prepared and filed her N-400 application on June 6, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On August 13, 2019, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied her to the interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on August 15, 2019. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-130 (Petitions for Parent) and Adjustment of Status

CLIENT: Filipina

LOCATION: Arlington, VA

In 2017, our client retained us to petition her mother. Our client was born and raised in the Philippines, but was naturalized in the United States.  Upon retention, our firm prepared and filed the I-130 petition for her mother on January 9, 2017. Eventually, the I-130 petition was approved in December 2017. 

Our client’ mother works for an international organization on a G-4 visa. With frequent international work-related travel, she could not proceed with her adjustment of status application. In early 2019, she contacted our office again for the preparation and filing of her adjustment of status. Our office filed her I-485 adjustment of status application on February 19, 2019. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on August 2, 2019, our client’s mother’s adjustment of status applications was approved.  

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