CASE: Marriage-Based Adjustment of Status
CLIENT: Indian
LOCATION: Long Island, NY

Our client came to the United States in September 2006 with an H-1B work visa from India. Since then, he has maintained his H-1B status, and his employer filed an I-140 petition for him as well.

He married a U.S. Citizen in June 2013 and retained our office on August 7, 2013 for his adjustment of status application.

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 9, 2013.  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 March 6, 2014, our client was interviewed at the Holtsville, NY USCIS.  Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. On the same day, his green card application was approved.

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CASE: Marriage to US Citizen Green Card

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India. Currently, she is working for her employer under an H-1B visa.  Later, she married her current husband, who was a green card holder at the time of filing, in September 2012.

Our client retained our office in the middle of September 2013 for her I-130 petition and I-485 adjustment of status application. Although the Petitioner was a green card holder, we could file the I-130 / I-485 simultaneously at that time because the priority date for the F2A category was current in August and September 2013.

Our office prepared and filed an I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on September 26, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

While her green card application was pending, our client’s husband took his naturalization test and interview in February 2014.  Prior to the interview, we thoroughly prepared our clients at our office. On February 6, 2014, our client was interviewed at the Cleveland, Ohio USCIS office.

The interview went well, however, our client’s green card application could not be adjudicated because of the retrogression of priority dates.

On February 21, 2014, our client’s husband finally took his oath and became a naturalized U.S. citizen. After the ceremony, our client’s husband gave us a copy of his naturalization certificate which our office eventually submitted to the USCIS office on the same day.

By doing this, our client’s case was upgraded from the F2A category to Immediate Relative, which has available immigrant visa numbers all the time. Eventually, on February 27, 2014, the USCIS approved our client’s green card application.

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CASE:   I-601 Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Indian

LOCATION: Mumbai, India (Applicant) / North Carolina (I-130 Petitioner / Applicant’s US Citizen wife)

Our client first came to the United States on a valid F-1 visa in May 2007 to attend college in the U.S. Unbeknownst to him, he fell out of status in November 2007. After he found out about this in 2009, he immediately applied for F-1 reinstatement and filed Form I-539 to the USCIS Vermont Service Center in 2009. The USCIS approved his application and reinstated his F-1 status.

After his studies were over, our client was employed and his employer petitioned him for H-1B status in February 2011. The Petition was approved and he started working and paying taxes in accordance with the terms and conditions of his H-1B.

Our client then married his U.S. Citizen wife in India in November 2011.

In February 2012, our client went to the U.S. Consulate in Mumbai, India for his H-1B visa stamping. Over there, the consular officer denied his H-1B visa stamping on his passport and gave him a 221g form, asking for some documents such as tax returns, an approved I-797C letter from H-1B status, and pictures of the work place, pay stubs, and etc.  Our client submitted all of the requested documents, however, when he appeared for his second visa stamping interview, the consulate officer denied his visa and gave him a letter which states that he is inadmissible under the INA Section 212(a)(6)(c), alleging that our client submitted fraudulent documents to obtain immigration benefits or a visa.

Our client did not commit fraud, but instead of appealing the decision, he planned to file a waiver of inadmissibility to re-unite him with his U.S. citizen wife faster. Our client’s wife retained us on April 9, 2013 for the I-601 waiver for her husband. Our firm thoroughly analyzed whether the I-601 waiver application will likely be successful. Based on our client’s story and surrounding circumstances (hardship to U.S. citizen wife) if our client is barred to come to the United States), our office determined that her husband has a good chance of winning the I-601 application as long as it is extensively prepared.

If someone is found to be inadmissible under Section 212(a)(6)(C)(i) of the INA, INA Section 212(i) provides for a discretionary waiver of the fraud or misrepresentation 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 Section 212(i)(l). In addition to the equities presented, the USCIS may consider the nature of the fraud or misrepresentation.

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-601 application had a good chance since our client’s wife (U.S. Citizen) recently had surgery. Also, our client’s wife has always encountered various diseases whenever she goes back to India. She had typhoid and chickenguniya when she visited India in 2011 and 2012. She also suffers depression, anxiety, and insomnia due to the hardship of not having a husband to help with her expenses and provide for her needs.  In the I-601 brief and supporting documents, our office included extensive medical reports of our client’s wife. We argued that if our client is barred to enter the United States, extreme hardship to her is clearly foreseeable and evident. Our client needs consistent and continuous medical check-ups with her doctors for her recent surgery and its related symptoms. Also, it would be extremely difficult for our client’s wife to get the same level of medical care and satisfactory access to medical services in India in case our client’s wife joins our client there.

In our brief, we also argued that our client has maintained strong family ties in the United States and that she will have difficulty finding the same level of employment in India.

On January 2, 2014, we submitted our I-601 waiver application to the USCIS which included a brief in support, our client’s medical records, and other documents that demonstrated hardship to our client’s wife if our client is barred to come to the United States.  The I-601 waiver for our client was approved on February 7, 2014.  Now, without the  inadmissibility ground, our client is eligible for an immigrant visa.

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CASE: Marriage to US Citizen Green Card

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India. Currently, he is working for his employer under an H-1B visa.  Later, he married his current wife, who was a green card holder at the time of filing, in June 2011.

Our client retained our office in early September 2013 for his I-130 petition and I-485 adjustment of status application. Although the Petitioner was a green card holder, we could file the I-130 / I-485 simultaneously at that time because the priority date for the F2A category was current in August and September 2013.

Our office prepared and filed an I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on September 26, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

While his green card application was pending, our client’s wife took her naturalization test and interview on January 7, 2014.  Prior to the interview, we thoroughly prepared our clients at our office. On January 10, 2014, our client was interviewed at the Cleveland, Ohio USCIS office.

The interview went well, however, our client’s green card application could not be adjudicated because of the retrogression of the priority date.

On February 7, 2014, our client’s wife finally took her oath and became a naturalized U.S. citizen. After the ceremony, our client’s wife gave us a copy of her naturalization certificate which our office eventually submitted to the USCIS office on the same day.

By doing this, our client’s case can be upgraded from the F2A category to Immediate Relative, which has available immigrant visa numbers all the time. Eventually, on February 10, 2014, the USCIS approved our client’s green card application.

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CASE: Marriage-Based Green Card

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States in October 2011 with an H-1B Visa from India to work for his employer in the United States. He still has his H-1B status and works for his employer.

He married a U.S. Citizen in October 2013.  She lived in Union City, California and they intent to live together in the future, either in California or Ohio. They had joint properties, joint insurance documents, several pictures together, and joint bank statements. We told them living apart does not automatically result in a denial, and that each application is adjudicated on a case by case basis. We told them we will prepare them for the interview, and accompany them as well.

Our client retained our office on October 24, 2013 for the 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 November 1, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On January 21, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento accompanied them as well.  On the same day, his green card application was approved.

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CASE: H-1B Visa Petition (Change of Employer)

PETITIONER:  Environmental Engineering Consulting Firm

BENEFICIARY: Principal Consulting Environmental / Water Engineer

Our client is an Environmental Engineering Consulting Company in Fairfax, VA. They contacted our office in late November 2013 to seek legal assistance from our office for their foreign employee.  The beneficiary is from India and obtained his Bachelor’s degree and Master’s Degree in Civil / Environmental Engineering from Stanford.

The proffered position for the Beneficiary is a Principal Consulting Environmental / Water Engineer which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Civil / Environmental Engineering or its equivalent.

The foreign beneficiary in this case already had his H-1B visa from his previous employer which was in a similar industry.  However, his H-1B status was not expired yet, and he wanted to extend his H-1B status on a change of employer basis.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on December 12, 2013 via premium processing service.  Since this petition was based on a change of employer, this petition was exempted from the annual H-1B cap.  Thus, we could file prior to April 1.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on December 27, 2013.  Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder.

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

Our client came to the United States in 2007 with an H-1B work visa from India.  He married a U.S. Citizen in September 2012 and retained our office on March 4, 2013 for his adjustment of status application.

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 8, 2013.  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 August 22, 2013, our client was interviewed at the New York City, NY USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well.

On August 23, 2013, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Indian
LOCATION: Ohio

Our client contacted us in April 2013 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in July 2010. He retained our office on April 25, 2013.

The N-400 application was filed on May 1, 2013 with all supporting documents. Glen Yu from our office prepared him for his naturalization interview, and also accompanied him on July 16, 2013 at the Cleveland CIS office. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on August 19, 2013. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: J-1 No Objection Statement Waiver
NATIONALITY: Indian
LOCATION: Austin, TX

Our Indian client came to the U.S. on a J-1 Visa in December 2006.  He came to the U.S. for business training, and his J-1 visa made him subject to the two-year foreign resident requirement.

After his J-1, he changed status to H-1B and maintained his status in the United States.

In April 2013, our client got engaged with his U.S. citizen fiancée and they planned to get married in October 2013. His fiancée eventually will file an I-130 petition for our client and our client will simultaneously file an I-485 adjustment of status application. But due to the two-year foreign residency requirement, he had to obtain a waiver first.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indian Embassy in the United States.  Our office made sure we knew all the requirements needed for their office to issue a no objection statement.

On June 3, 2013 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would be eligible to file a marriage based adjustment of status application but for the waiver.

The Indian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 6, 2013, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on August 13, 2013.  Now that our client’s two-year foreign residency requirement is waived, he can file an adjustment of status application with his wife’s I-130 petition once they get married.

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CASE: Change of Status from H-1B to F-1

CLIENT: Indian

LOCATION: Erie, PA

Our client has been on H-1B status for many years and has worked for Multi-national companies in the United States.

Last year, she decided to pursue her graduate studies program (MBA) in the United States and got admission.

She contacted our office in early March of this year to change of her status from H-1B to F-1.

On March 11, 2013 our firm was retained and we helped our client obtain supporting documents for the Change of Status. On March 19, 2013, we filed the I-539 Change of Status for our client with supporting documents including her I-20, SEVIS fee receipt, and her recent pay stubs from her employer.

On June 19, 2013 the Change of Status was approved. Our client is now on F-1 and can start her MBA program soon.

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