CASE: Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Chinese
LOCATION: Cleveland, Ohio (EOIR) / Columbus, Ohio (USCIS)

Our client is a Chinese citizen who came to the U.S. on a B-2 Visitor’s Visa in June 2010.  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 San Francisco Immigration Court in California.

Our client married his second husband in December 2011 in Columbus Ohio. She initially contacted our office for a Change of Venue to Cleveland.  She retained our office on October 20, 2011.  We then filed a Motion for Change of Venue from San Francisco 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 December 9, 2011. 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 April 11, 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 June 19, 2012 at the Columbus USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his husband for the interview. Attorney JP Sarmiento also accompanied them at their interview. The interview lasted one hour, our clients were separated, but the I-130 petition was eventually approved on the same day.

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 August 15, 2012.

After her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on September 4, 2012, together with other necessary forms and supporting documents. 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 over the phone.

On November 15, 2012, our client was interviewed at the Baltimore CIS office. Our client was fully prepared and the interview went well.  On the same day, her green card application was approved.

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

Our office was contacted in late September regarding a Chinese citizen who was 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. 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 relatives 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 relatives, from proof of their status and residence, to bank statements and tax returns.

On October 2, 2012, we represented our client for his Florence Arizona Immigration Court bond redetermination hearing. We explained 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 that he had ample family ties in the United States who submitted proof of their residence and immigration status.

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.

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

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CASE: I-130 and Consular Processing (Immigrant Visa)
CLIENT: US Citizen Petitioner Daughter; Chinese Beneficiary Mother in China
LOCATION: Petitioner: Ohio; Beneficiary: China
I-130 FILED: April 8, 2011
I-130 APPROVED: July 14, 2011
IV APPROVED: September 24, 2012

Our client retained us to bring her parents over from China. She was born and raised in China, but was naturalized in the United States.

On April 8, 2011, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On July 14, 2011, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get her parents over to the United States.

Unfortunately, our client wanted to delay the process due to her father’s serious illness. Her father passed away, but our client still wanted to bring her mother to the United States.

On August 10, 2012, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s mother at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On September 24, 2012, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two weeks of entry.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition
CLIENT: US Citizen Petitioner; Ghanaian Beneficiary in China
LOCATION: Petitioner: Ohio; Beneficiary: Beijing, China

Our client is a U.S. citizen who married his Ghanaian boyfriend in China in 2011. Her husband is an international student in China. She contacted our office in late January 2012 and retained us to bring her husband to the States.

Our office prepared and filed the I-130 to the National Visa Center on February 3, 2012. After the I-130 was filed, everything went smoothly, there were no requests for evidence, and the receipt notices came on time. The I-130 Petition was approved by the USCIS on June 11, 2012.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on July 26, 2012, who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for the client at the US Consulate in Guangzhou, and we prepared him for his interview. On September 28, 2012, the U.S. Consulate in Guangzhou, China approved and issued his immigrant visa.

With the approved Immigrant visa, our client’s husband can come to the United States immediately, and he will get his green card within two weeks of entry.

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The October 2012 Visa Bulletin was released on September 10, 2012. October is the start of the fiscal year for immigration purposes. As you may know, the EB2 employment category retrogressed a few months ago, including those in “other countries”, which has almost always been current.

Dates for EB2 India is September 1, 2004 and EB2 China is July 15, 2007. “Other countries”, the Philippines, and Mexico all had January 1, 2012 as EB2 priority dates. These are way under the predictions made for the October priority dates. The expectation for India prior to this release was 2007,  3 years less. For Indians under the EB2 category, in order to apply for a green card, or, if pending, for their green card applications to be adjudicated, the I-140 priority date should be September 1, 2004 or earlier.

Porting from EB3 to EB2 has increased the number applicants for EB2 India, putting the priority dates way back. The demand data which was released on September 10 shows that for EB2 India, there are 1,350 applicants with a priority date before January 1, 2007, 5,500 before January 1, 2008, and 20,000 before January 1, 2009.

Source: www.travel.state.gov

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CASE: Marriage-Based Adjustment of Status.
NATIONALITY: Chinese
LOCATION: Oklahoma

The marriage-based green card approval we got recently was for an Indonesian client who came to the U.S. on a J-2 Visa in 2001. He came with his father who was on a J-1 visa. Years later, our client changed his status from J-2 to F-1 student through the U.S. Consulate in Mexico to pursue his undergraduate program. After he graduated, he married his current U.S. citizen wife in October 2009 and his wife filed an I-130 petition on behalf of our client. The I-130 petition was approved in February 2011.

As explained in a previous success story, our office worked on our client’s J-2 visa waiver through the Interested Government Agency (IGA) route.  The CIS issued an I-612 approval notice for our client’s waiver of the two-year foreign residency requirement on March 16, 2012.

He retained us again and sought legal assistance for his I-485 adjustment of status application. Our firm prepared and filed the I-485 adjustment of status application on May 3, 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 September 6, 2012, our client was interviewed at the Oklahoma USCIS office. On the same day, his green card application was approved.

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CASE: Asylee Adjustment of Status
CLIENT: Chinese
LOCATION: Virginia

Our client came to the United States in January 2011 after she was granted derivative asylum status as the spouse of an asylee. Her husband was granted asylum in February 2010.

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. This also applies for derivatives.

In February 2012, one year after she entered the United States, our client contacted our office and sought legal assistance for her adjustment of status application. Our office was retained on February 8, 2012, and we prepared and filed her I-485 Adjustment of Status Application on February 29, 2012. Everything went smoothly and the receipt notice and fingerprint appointment all came on time. On August 30, 2012, the USCIS approved our client’s Adjustment of Status application. She’s now a permanent resident of the United States.

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CASE: Motion to Reopen
CLIENT: Chinese
LOCATION: Cleveland, OH / Immigration Court: Detroit Immigration Court

Our client came to the United States on a valid B-2 visa from China in 2002.  Later, she changed her status to F-1 and remained in the United States. She filed an I-485 application as a derivative applicant of her ex-husband in 2007.  However, while the application was pending, our client and her ex-husband got separated.  Unfortunately, in 2008, her I-485 adjustment of status application was denied.   She never received the denial notice from the USCIS since she moved to a different city in Ohio before her case was denied.  Thus, our client never received the Notice to Appear and was not apprised of the fact that she was placed in removal proceedings.  Accordingly, the Detroit Immigration Court issued an in absentia order of removal for our client in August 2010.

In January 2012, our client was picked up by ICE officers.  She was surprised to find out that she was being held because she had a final order of removal and missed her hearing in August 2010.  She explained her situation, so she was not detained, and was placed on an order of supervision. Our client contacted our firm and eventually retained us in March 2012.  Once we were retained, we asked our client to check with her ex-husband or her relatives whether they received the Notice to Appear for her.  We told her that we have to reopen her case first before she can even apply for relief at the Immigration Court.

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 notice of the hearing.

On July 31, 2012, our office filed the Motion to Reopen with the Detroit 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 the last address she provided to the immigration service prior to the final order date, and other supporting documents were submitted (20 exhibits). On August 16, 2012, the Detroit Immigration Court granted our motion and reopened our client’s case. Our client now does not have the final order of removal anymore and will seek asylum, withholding of removal and relief under the CAT with the Immigration Court.

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CASE: 2nd Circuit Appeal / Asylum / Christianity – Religion
CLIENT: Chinese
LOCATION: Virginia

Our client came to the United States without a valid visa and passport from China in 1996.  In 2006, our client filed an asylum application based on the fact that he has two children. This application was referred to the New York Immigration Court.  In April 2007, the New York Immigration Court granted our client’s asylum application. The government appealed and in August 2008, the Board of Immigration Appeals (BIA) reversed the Immigration Court’s decision. In 2009, our client filed an amended application so that he can pursue his claim based on religion – that he was baptized subsequent to the Board’s decision.  Unfortunately, in October 2009, the Immigration Judge denied the asylum application, withholding of removal, and protection under the Convention Against Torture claims. Our client filed an appeal immediately, but the BIA dismissed the appeal. The BIA found that the time limitation barred our client’s asylum application.

In November 2011, our client contacted our office for her Second Circuit Appeal. Our office determined that our client has a good chance for winning an appeal with the Second Cicuit. Our client retained our office on November 30, 2011 for his appeal to the federal Second Circuit Court. On April 13, 2012, our office filed a brief to the Second Circuit stating that the Board of Immigration Appeals abused its discretion when they denied our client’s asylum application.  Specifically, we argued that although the asylum was filed outside the one year period, the time limitation does not bar our client’s asylum application due to the fact that he became a Christian less than a year before he filed his second asylum claim. On July 12, 2012, the Second Circuit Court remanded our client’s case to the BIA for further consideration of our client’s previous asylum claim.

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The July 2012 Visa Bulletin is out, and please be informed that the EB2 Category is not current anymore for Mexico, Philippines, and “Other Countries”. India and China actually have an “unavailable” priority date and it will likely be “unavailable” until the October 2012 Visa Bulletin comes out.  Whereas other countries including the Philippines and Mexico have always been current on the EB2 category, now, based on the visa bulletin for July 2012, the priority date is January 1, 2009. This means that for Mexico, Philippines, and other countries, even if EB2 labor certifications are approved, the I-140 could not be filed simultaneous to the I-485 adjustment of status application. Even if the I-140 is approved, with the priority date listed as 2009, it may take close to 3 years before one can even file the adjustment of status application. For China and India, even those with I-140s approved and priority dates of 2008, 2009, and 2010 could not even file I-485s until the visa numbers become available, and their priority dates current.  Thus, it is very important to maintain non-immigrant status until the priority date becomes current again.

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