CASE: I-130 and Consular Processing – Marriage-Petition
CLIENT: US Citizen Petitioner; Chinese Beneficiary
LOCATION: Petitioner: Sacramento, CA; Beneficiary: Hubei, China

Our Chinese client contacted our office in the middle of May 2011. He is a U.S. Citizen living in California and sought legal assistance for his wife’s case in China. The USCIS, based on a request from the U.S. Embassy in Guangzhou, issued an intent to revoke his I-130 petition.
Our client married his Chinese citizen wife back in November 2008. This was the first marriage for both him and his wife. He mentioned that he never even had a girlfriend before, all the time consumed with work and school here in the United States. He is a civil engineer in Sacramento California.

Our client filed an I-130 petition for his wife in January 2009.  On March 20, 2009, the Director of the California Service Center approved the I-130 petition and his wife was eventually interviewed at the U.S. Embassy in Guangzhou. Her U.S. Citizen husband was even there during the interview. However, the U.S. Embassy denied her immigrant visa application, and the approved I-130 petition was subsequently returned to the California Service Center by the Department of State for further review and action. The USCIS then issued a Notice of Intent to Revoke.

After our office was retained, we filed a Response to Intent to Revoke on July 7, 2011 with the USCIS California Service Center. Over 200 pages of documents and 30 exhibits were submitted in our response. On July 21, 2011, the USCIS determined that they will not to revoke our client’s I-130 petition.   After the affirmation of the I-130 petition, the US Consulate in Guangzhou, China set another interview date for our client’s wife for her immigrant visa.  On November 9, 2011, the U.S. Consulate in Guangzhou, China conducted the immigrant visa interview for our client’s wife and simultaneously approved and issued her immigrant visa on the same day.

With the approved Immigrant visa, our client’s wife can come to the United States immediately, and she will get her green card within two weeks of entry. She finally would be able to be with her husband.

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CASE: I-130 and Consular Processing – Marriage-Petition
CLIENT: US Citizen Petitioner; Chinese Beneficiary
LOCATION: Petitioner: New York; Beneficiary: Shanghai, China

Our client is a U.S. citizen who married her Chinese girlfriend in China in 2008. He had his marriage ceremony with his wife in the China, and had resided there until December 2010.  When he came back to the United States, he wanted to bring his wife over here. He contacted our office in late January 2011 and retained our office to help bring his wife to the States.  As we explained in previous success stories, an alien cannot adjust his or her status (get a green card) outside the U.S. by filing an I-130 and I-485 simultaneously. Since the client’s wife was not in the United States, and their marriage occurred in China, our office promptly filed the I-130 to the National Visa Center first on April 10, 2011.

After the I-130 was filed, everything went smoothly and the receipt notices came on time. The I-130 Petition was approved by the USCIS on June 20, 2011.  After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on August 23, 2011, who in turn forwarded the 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 her for her interview. On October 31, 2011, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

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

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CASE: Adjustment of Status / 245(i)
CLIENT: Chinese
LOCATION: Columbus, Ohio

Section 245(i) of the INA allows certain foreign nationals to become permanent residents of the United States despite entering without inspection (EWI). Immigrants are barred from adjusting their status if they entered the United States without first being inspected and admitted by a Customs and Border Patrol officer and if they have either failed to maintain lawful status or been unlawfully employed in the country, with certain exceptions. Section 245(i) was first added to law in 1994 to allow certain people who otherwise would not be eligible to adjust their status to be able to do so upon payment of a $1,000 fine.

Four years later, on January 14, 1998, Congress phased Section 245(i) out of law. Immigrants and their families who had already begun the process of changing their status under Section 245(i) by January 14, 1998 were grandfathered into the section’s benefits. However, this left thousands of otherwise qualified persons who had not begun the process unable to adjust status in the United States. They could not return to their countries to begin the legal process of obtaining their permanent residency in the United States also without being subject to either a three- or a 10-year bar upon returning to the United States.

On December 21, 2000, Congress extended the qualifying date for Section 245(i) benefits to April 30, 2001. This law allowed immigrants who had labor certifications or visa petitions filed on their behalf between 1998 and April 30, 2001, to qualify for adjustment of status. Those who were beneficiaries of petitions filed prior to January 14, 1998 could still adjust despite an EWI record, and those people do not have to meet the December 2000 physical presence requirement.

Our clients came from China and had approved I-130 petitions (F-4 category) filed by our client’s U.S. Citizen brother in 1987.  Now that their son (over 21 years old) is a U.S. Citizen, we also filed an I-130 petitioned by their son on their behalf.  However, they have an EWI (Entry without Inspection and Admission) record in 2008. Since our clients are beneficiaries of an approved I-130 F4 petition filed in 1987, they can still adjust status through INA § 245(i) despite their entry issue. Also, since the F-4 petition was filed before January 14, 1998, physical presence in December 2000 was not required.

Our office was retained on May 23, 2011. We prepared and filed the Adjustment of Status Application with Form I-485 Supplement A on July 9, 2011.  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 with our Chinese speaking staff.   On October 11, 2011, our client was interviewed at the Columbus, Ohio USCIS office.  We accompanied them at the interview as well. Prior to the interview, we submitted a brief pertaining to the INA § 245(i) issue, including documents evidencing the fact that an I-130 was filed in 1987. The petition and green card applications were approved on the same day.

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Case: Motion to Reopen / Terminate with the Immigration Court
Nationality: Chinese
Location: Newark, NJ

Our client had a final order of exclusion from the Newark Immigration Court in 1992. He was considered an arriving alien, was inspected by the DHS officer, and was paroled into the United States.  Despite his final order of exclusion, our client remained in the United States and eventually married his U.S. Citizen spouse.  In 2008, this client ultimately obtained his permanent residency through adjustment of status with the USCIS as an arriving alien.

After he obtained his permanent residency, he retained our office to terminate his final order of exclusion.  Since he had a final order of exclusion from the Newark Immigration Court, our office filed a Sua Sponte Motion to Reopen and Terminate to the Newark Immigration Court on September 13, 2011.  In the Motion, we contended that our client’s case should be re-opened and terminated since our client already obtained his permanent residency.  Our client wanted his order of exclusion terminated to avoid potential issues or confusion with the immigration service, such as when he travels abroad and comes back through one of the port of entries.  We also noted that Respondent is not disputing the validity of his permanent resident card, but asked for removal proceedings to be terminated.

As a result, the Newark Immigration Court granted our Sua Sponte Motion to Reopen and Terminate on October 3, 2011. Our client now does not have a final order of exclusion on his records.

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CASE: Master Calendar / Bond Redetermination Hearing
APPLICANT: Chinese
LOCATION: Eloy Immigration Court, AZ

Our office was contacted in early September regarding a Chinese individual detained in Eloy, Arizona. This person 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 Eloy Immigration Court in Arizona.  Our office communicated with her and her U.S. resident relative in Connecticut, and gathered as much information regarding her relief, equities, criminal record, family ties, and financial ability to post bond.  We also gathered supporting documents from those relatives, from proof of their status and residence, to bank statements and tax returns.

On October 3, 2011, we represented our client for her Eloy Arizona Immigration Court master calendar hearing and bond re-determination hearing simultaneously.  During the Master Calendar hearing, we did pleadings for our client, and requested asylum relief.  During the bond re-determination hearing, we explained to the Court that our client already passed her credible fear interview, was not a flight risk, had established her residence upon release, had established her financial ability to post bond, and that she had ample family ties in the United States who submitted proof of their residence and immigration status.  Moreover, our office explained that her lack of criminal record, 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.  We also emphasized that our client is a young female individual, and explained briefly the nature of her asylum claim. At the end of the hearing, the Immigration Judge took our arguments into account and reduced the bond to only one-third of the  amount the DHS originally set it for.

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

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Case: Motion to Reopen / Terminate with the BIA
Nationality: Chinese
Location: Cleveland, OH

Our client came to the United States in 2000 without any immigration document (such as a passport and / or visa) from China.  After he arrived at the port of entry, he was inspected by the DHS officer and was paroled into the United States.  He applied for asylum, but was later denied by the Immigration Judge in New York in 2002.  He appealed with the BIA and that too was denied. Thus, he had a final order of removal.

Despite his final order of removal, our client remained in the United States for the next nine years and eventually married his U.S. Citizen spouse.  As we stated in a previous success story, this client ultimately obtained his permanent residency through adjustment of status with the USCIS as an arriving alien.

After he obtained his permanent residency, he retained our office again to terminate his final order of removal.  Since he had a final order of removal, our office filed a Motion to Terminate Proceedings to the Board of Immigration Appeals (BIA) on August 26, 2011.  Although the DHS opposed our motion, the BIA granted our Motion to Terminate on September 30, 2011. Our client now does not have a final order of removal on his records.

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

Our office was contacted in late August regarding a Chinese individual detained in Florence, Arizona. This Chinese client 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, Arizona Immigration Court.  Our office communicated with him and his U.S. resident relative in New York, 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 those relatives, from proof of their status and residence, to bank statements and tax returns.

On September 15, 2011, we represented our client for his first Master Calendar hearing.  Our client did pleadings, requested asylum relief, and requested a bond re-determination hearing.  The Immigration Judge set a bond re-determination hearing on September 27, 2011.

On September 27, 2011, we represented our client for his Florence Arizona Immigration Court bond re-determination hearing.  During the hearing, we contended that our client was eligible for asylum relief, 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 emphasized that his lack of criminal record, 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.  The Judge took our arguments into account and reduced the bond amount by a substantial amount.

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

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CASE: Asylum in Immigration Court
CLIENT: Chinese
LOCATION: Elizabeth, New Jersey Immigration Court

Our client, through his relative in the United States, retained us in May 2011 to help him with his asylum case. He is from China and came to the United States with a fraudulent passport.  He was not inspected nor admitted into the United States, and was detained in the Elizabeth New Jersey CDF facility.  He passed his credible fear interview and at his Master Hearing, with our firm representing him, he applied for asylum, withholding of removal and relief under CAT.  Our client is scared to go back home to China, fearing that he will be persecuted on account of his political opinion against the “one-child policy (forced family planning)” in China.

Our client lived in China with his wife and son.  However, he learned that his wife was pregnant again early this year.  Fearing forced abortion against her, our client told his wife to hide and did not report her pregnancy to the local Family Planning Office. According to our client, forced abortions and sterilization surgeries are common in his village in China.   Later, the Family Planning Office personnel came to his house and looked for his wife several times.  When they could not find her, they forced to take our client for sterilization surgery.  Our client opposed the Family Planning Office and its personnel, and he had a physical altercation with them.  The officials punched and beat him.  Eventually, our client managed to escape and fled his home town.  He left China and arrived in the U.S. in April 2011.

Once retained, we helped him prepare his asylum application.  We also asked him to provide supporting documents corroborating his claim, some of which were a letter from his wife, the notarial birth certificate of his son, medical records of his wife, and a family planning procreation and birth healthcare service booklet for his wife.  Our firm also did some research on articles pertaining to his particular claim, and the type of persecution he will experience in China if sent back.

Our client’s individual hearing was scheduled on September 12, 2011 at the Elizabeth Immigration Court in New Jersey. Attorney Sung Hee Yu represented our client at the hearing. During the hearing, our client testified credibly as to his past persecution in China and likelihood of future persecution. On September 20, 2011, the Immigration Judge granted asylum relief for our client and our client was subsequently released. He is now an asylee and will be eligible to apply for permanent resident status in one year. 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: Philadelphia, PA

Our client is a citizen of China who came to the U.S. on a J-2 Visa in 1996.  She came with her husband who held a J-1 Visa as a doctor.  Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out well and she got divorced from her ex-husband.  She lost her J-2 status in the United States and she was still subject to the two-year foreign residency requirement.  She could not change her status to other non-immigrant visas because of the requirement.

In August of this year, our client’s U.S. citizen son contacted our office.  He wanted us to help his mother obtain a waiver so that he can petition our client for a green card. Our firm was retained to do her J-2 waiver on August 12, 2011. On August 17, 2011 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 August 24, 2011, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. The USCIS issued the I-612 waiver approval notice on September 16, 2011, less than a month from the date we filed the waiver.

Finally, after 15 years in the United States, our client can apply for her green card. Our client’s son can file an I-130 petition for our client and she can file an adjustment of status application (I-485) as well.

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

A family relative of a Chinese individual detained in Florence, Arizona contacted our office at the end of August.  This Chinese client tried to enter the United States without valid documents and was incarcerated by immigration officers. He was given a credible fear interview which he eventually passed.

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, Arizona Immigration Court.  Despite being in jail in Florence, we communicated with him and gathered as much information regarding his relief, equities, criminal record, family ties, and financial ability to post bond. We contacted our client’s several relatives and friends in Atlanta, Georgia. We also gathered supporting documents from those relatives, from proof of their status and residence, to bank statements and tax returns.

On September 1, 2011, we represented our client for his Florence Arizona Immigration Court bond hearing. At oral arguments, we explained that our client was eligible for asylum relief, 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 contended that his lack of criminal record, 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.  The Judge took our arguments and evidence into consideration and reduced the bond amount in half. Our client’s relative has thereafter posted bond and he is now out of detention to pursue his asylum claim.

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