CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Boston, MA

Our Chinese client came to the United States on a F-1 student visa to pursue her graduate degree in 2012. She married a U.S. Citizen in May 2014 and retained our office on June 13, 2014 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 25, 2014.  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 as well. On September 18, 2014, our client was interviewed at the Boston, Massachusetts USCIS office.  On the same day, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our Chinese client came to the United States on a F-1 student visa to pursue her graduate degree in 2010. She married a U.S. Citizen in February 2014 and retained our office on March 3, 2014 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on March 26, 2014.  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 as well. On August 19, 2014, our client was interviewed at the Cleveland, Ohio USCIS office.  Attorney JP Sarmiento from our office accompanied our clients as well. On the same day, her green card application was approved.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: Atlanta, GA

Our client was a citizen of China who came to the U.S. on a J-2 Visa in July 2007.  She came with her father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After our client came to the United States, she completed her high school and was admitted to the University to pursue her bachelor’s degree. In July 2009, she went back to China and got her F-1 student visa at the U.S. Embassy in China and came back to the United States with her F-1 student visa.

She turned 21 in November 2011. She is now married to her Chinese citizen husband and her husband is a recipient of an approved I-526 petition (EB-5 immigrant visa). However, because of her two-year foreign residency requirement, our client could not apply for permanent residency.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in November 2011.

Our firm was retained to do her J-2 waiver on June 2, 2014. On June 10, 2014, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on June 30, 2014 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On August 7, 2014, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE:   Immigrant Visa / I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Chinese

LOCATION: Cleveland, OH / Guangzhou, China (Visa Interview)

Our client came to the United States from China in March 2000 without inspection and admission. When she made her entry to the U.S., she was only 15 year old.

She married her U.S. citizen husband in 2006 and they have a U.S. citizen child together. Through our office, she applied for deferred action (I-821D) and the USCIS approved her application on December 13, 2012.

After her I-821D was approved, her U.S. Citizen husband filed an I-130 petition for her on February 4, 2013. This I-130 petition was approved on March 25, 2013.

However, our client cannot file for adjustment of status application due to her overstay. She thus had a ground of inadmissibility. She needed a waiver of inadmissibility to become a green card holder.

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

Last year, 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 U.S. Citizen husband suffers from a great degree of psychological hardship. Also, his U.S. citizen mother (our client’s mother-in-law) has a mental disease which requires special attention from our client’s husband. In the I-601A brief and supporting documents, our office included extensive medical reports of her husband.  We argued that if she was removed from the United States, extreme hardship to her husband is clearly foreseeable and evident.  Her husband has ongoing psychological hardships and he would not be able to take care of his own needs and the bulk of their family chores, most importantly taking care of their infant children. Also, it would be extremely difficult for him to get the same level of therapy and satisfactory access to medical services in China in case he joins our client there.

In our brief, we also argued that our client and her husband have maintained strong family ties in the United States, that her husband will have difficulty in finding the same level of employment in China, that our client has good employment in the United States, and that his U.S. citizen child and her husband will face extreme financial and emotional difficulties if he is removed.

On October 3, 2013, we filed the I-601A waiver application which included the brief in support, her husband’s extensive psychological examination records, and other documents that demonstrated hardship to her husband if she is removed from the United States.

Eventually, her I-601A waiver was approved on January 27, 2014.

Once her I-601A waiver was approved, she retained our office again for her immigrant visa processing. Our office prepared and filed her immigrant visa application on May 1, 2014. On June 13, 2014, the U.S. Embassy in Guangzhou, China informed our office that they scheduled an immigrant visa interview for our client. Our client went back to China to appear at her interview on July 15, 2014. On July 15, 2014, our client appeared at her immigrant visa interview at the Consulate, and the Consulate officer approved her immigrant visa on the same day.

Now, our client can come back to the United States with an approved immigrant visa and she will get her green card in a mail within two weeks of her entry to the United States.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Chinese

LOCATION: New Mexico

Our client is a citizen of China who initially came to the U.S. on a J-2 Visa in April 2004. She came with her ex-husband who held a J-1 Visa as a visiting researcher. Both were subject to the two-year foreign residency requirement. Later, she changed her status from J-2 to F-1 by pursuing her Ph.D. degree program. However, she was still subject to the  two-year foreign residency requirement.

Unfortunately, their marriage did not work out and she eventually got divorced from her ex-husband. She remained in the United States and has continuously pursued for her Ph.D. degree under an F-1 student visa. She also has a U.S. citizen fiancé who is willing to file an I-130 petition for her once they get married.

She contacted our office, and our firm was retained to do his J-2 waiver on April 30, 2014.

On May 16, 2014 the J-2 Waiver was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.

On June 5, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On July 10, 2014, the USCIS issued the I-612 waiver approval.

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Chinese

LOCATION: San Diego, CA

Our client contacted our office in early December of 2012 regarding her potential I-751 filing. She came to the United States from China in October 2010, after she married a U.S. Citizen (her ex-husband).

Through her marriage, she was able to obtain a 2-year conditional green card in March of 2011. Thus, her conditional residency terminated in March 2013.

Unfortunately, their marriage ended in December 2012. Our client experienced a lot of difficulties during her marriage with her ex-husband. Thus, our client could not file the I-751 application jointly with her ex-husband.

Once retained, we requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition. We focused on the supporting documents that she can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.

On December 19, 2012, our office filed the I-751 application with various supporting documents (over 24 exhibits and an affidavit over 5 pages) to demonstrate our client’s bona fide marriage with her ex-husband.  We also attached numerous notarized affidavits from our client’s friends.

However, on July 15, 2013, the USCIS issued a Request for Evidence (RFEs) to demonstrate the bona fideness of our client’s marriage with her ex-husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on September 19, 2013.

In January 2014, the USCIS scheduled an I-751 interview for our client.

Prior to the interview, our office thoroughly prepared our client via conference call and informed them of potential issues at the interview.

On January 28, 2014, our client was interviewed for her I-751 application at the USCIS Chula Vista, CA Field Office.  Attorney Glen Sung Hee Yu from our office accompanied our client.  The interview was very extensive.  Nevertheless, the USCIS approved our client’s I-751 application on June 24, 2014. Now, she has her ten-year green card.

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CASE: H-1B Visa Petition
PETITIONER:  Surface Treatment Solutions Manufacturer
BENEFICIARY: Chinese Operations Research Analyst

Our client is one of the world’s largest surface treatment solutions manufacturing companies in the world. Located in Cleveland Ohio, they contacted our office in March of this year to seek legal assistance from our office for their foreign employee.

The beneficiary obtained her Bachelor’s degree in Management in China and her Master’s degree in Management with specialization in Operations Research and Supply Chain Management in the United States.

The proffered position for the Beneficiary is an operations research analyst which qualifies as a specialty occupation.  This position is a “specialty occupation” because the minimum requirements for this position are a Master’s Degree (even higher than a Bachelor’s degree) in Management or its equivalent.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on March 31, 2014 via regular processing service. This H-1B petition was selected after the lottery and was thus processed.

Eventually, our client’s H-1B application was approved on May 13, 2014 without any Request for Evidence.  Starting October 1, 2014, she can work for her employer on an H-1B status for the next three years.

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CASE: Asylum

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client, a Chinese asylum seeker in Cleveland, OH, retained us on January 11, 2013 to help him with his asylum case. He came to the United States in September 2012 with a B-2 visitor’s visa from China. He came here with his wife and son who also came here on a B-2 visitor’s visa.  He wanted to seek asylum relief with the US Citizenship and Immigration Service.

While he was in China, he was persecuted and mistreated by the government based on his Christian faith and practice. He and his wife were also persecuted due to violation of the one child family planning policy as well. Our client was severely beaten and mistreated by the Chinese police in numerous occasions. He is scared to go back home to China, fearing that he will be persecuted again.

We helped him prepare for his asylum application, going over several drafts until his claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to his asylum claim were addressed. We also asked her to provide supporting documents corroborating his claims. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution that Chinese Christians would suffer.

The asylum application was filed in March 5, 2013 which was within one year of his entry to the United States.  Thereafter, the CIS issued an interview notice for his asylum case, scheduled for December 18, 2013 at the Cleveland, OH USCIS Office. Prior to his interview, our office prepared him thoroughly for his case at our office to make sure he was able to address questions the asylum officer would ask. Attorney Sung Hee (Glen) Yu from our office also accompanied our client at his interview.

On April 30, 2014, the USCIS approved our client’s asylum case. He is now an asylee and will be eligible to apply for permanent resident status in one year.  His wife and son also became derivative asylees. He also would obtain his work permit in about two weeks.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Chinese

LOCATION: South Dakota

Our client is a Chinese national and a naturalized Canadian Citizen who came to the U.S. on a J-2 Visa in 1994. She came with her husband who held a J-1 Visa as a visiting scholar. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and she eventually got divorced from her ex-husband. She lost her J-2 status and she was still subject to the two-year foreign residency requirement. After that, she moved to Canada, pursued her education, and became a naturalized Canadian Citizen.

She came back to the United States and eventually got an I-140 EB2 approval from her employer. However, even with the approved I-140 petition, until she gets a waiver of the 2-year foreign residency requirement, she cannot file for adjustment of status.

She contacted our office, and our firm was retained to do her J-2 waiver on March 28, 2014.

Our client did not have any of her ex-husband’s IAP-66s, but we submitted several documents pertaining to information that may be helpful to the DOS. They requested more documents, and we provided them what the applicant had and an brief that included the program number, program sponsor, dates, program name, etc.

On April 7, 2014 the J-2 Waiver was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.

On April 30, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client to be granted a waiver. On May 5, 2014, the USCIS issued the I-612 waiver approval.

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CASE: Asylum in Immigration Court

CLIENT: Chinese

LOCATION: Cleveland Immigration Court

Our Chinese client came to the United States on a B-2 visa in September 2009. He was persecuted and harmed in China based on his religious beliefs and its related activities, so within one year of his entry (in October 2009), he filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS.

He was interviewed at the Asylum Office in Los Angeles, but his case was referred to an immigration judge in December 2009. 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 referred the case to the Court.

The case was initiated at the Los Angeles Immigration Court. However, our client moved to Columbus, Ohio in 2011. After he moved to Columbus, OH, our client contacted our office in early April 2011, and eventually retained our office on April 11, 2011. Once retained, our office immediately filed a Motion to Change Venue which was eventually approved by the Los Angeles Immigration Court. Our client’s case was then transferred to Cleveland, OH.

Our client was scared to go back home to China, fearing that he will be persecuted based on his religious belief and his active participation in religious events which are considered anti-government activities.

While our client was in China, he attended numerous underground home church meetings. As a result, he was arrested and detained by Chinese police and experienced harm and mistreatment.

We helped him supplement his asylum application and represented him in his immigration court hearings. We also asked him to provide supporting documents corroborating his claim, some of which were letters family and church members in China, and documents related to his religious activities. Our firm also did some research on articles related to his claim, and the type of persecution he will experience in China if sent back.

Our client’s individual hearing was scheduled on March 3, 2014 at the Cleveland Immigration Court. Attorney JP Sarmiento from our firm prepared him extensively. He also represented our client at his Individual Hearing.

During the hearing, our client testified about his past persecution in China and the likelihood of future persecution. After the hearing, the Immigration Judge re-set the case for a decision hearing which was originally scheduled for September of this year. Nevertheless, on April 24, 2014, the Immigration Judge issued a written decision and 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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