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

APPLICANT: Russian

LOCATION: Cleveland, Ohio

Our client contacted our office in early February of 2013 regarding her potential I-751 filing. She came to the United States as an F-1 student from Russia and she married a U.S. citizen (her ex-husband) in December 2010.

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

Unfortunately, their marriage ended in February 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.

Our client’s case was tough because they got separated a few months after she got the green card. However, she had compelling reasons for getting separated and eventually divorced. 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 March 19, 2013, our office filed the I-751 application with various supporting documents (over 18 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 29, 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 30, 2013.

In October 2013, the USCIS scheduled an I-751 interview for our client.

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

On November 14, 2013, our client was interviewed for her I-751 application at the USCIS Cleveland, OH 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 April 10, 2014. Now, she has her ten-year green card.

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

NATIONALITY: Russian

LOCATION: Virginia

Our client is a citizen of Russia who initially came to the U.S. on a J-2 Visa in February 1995. He came with his ex-wife who held a J-1 Visa as a visiting researcher. Both were subject to the two-year foreign residency requirement. Later, both of them started to work at International Governmental Organizations in the United States under G-4 visas. However, they were still subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and he eventually got divorced from his ex-wife. He remained in the United States and has continuously worked for his employer under a G-4 visa.

In September 2011, our client married his U.S. citizen wife. She wanted to file an I-130 petition for him, but he could not file for adjustment of status because of the two-year foreign residency requirement.

He contacted our office, and our firm was retained to do his J-2 waiver on February 12, 2014.

On February 19, 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 March 17, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On April 1, 2014, the USCIS issued the I-612 waiver approval.

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

APPLICANT: Russian

LOCATION: Cleveland, Ohio

Our client contacted our office in later February of this year regarding her potential I-751 filing. She is from Russia and married a U.S. citizen in September 2011. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in April of 2012.

Unfortunately, their marriage ended in April 2013. Thus, our client could not file the I-751 application jointly with her ex-husband. After the consultation, we advised that we can help her file the I-751 application with a waiver of the joint filing requirement. 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.

On July 8, 2013, our office filed the I-751 application with various supporting documents (13 exhibits and an affidavit over 4 pages) to demonstrate our client’s bona fide marriage with her ex-husband.  However, on September 3, 2013, the USCIS issued a Request for Evidence (RFE) and asked our client to submit more documentary evidence to prove the bona fide nature of her marriage to her ex-husband. Our office thoroughly prepared the Response to RFE and filed it on October 28, 2013.  Eventually, on November 20, 2013, the USCIS approved our request for the removal of conditions on her permanent resident status without even an interview. Now, she has her ten-year green card.

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CASE: Marriage-Based Green Card
CLIENT: Russian
LOCATION: Cleveland, Ohio

Our client came to the United States in June 2006 with a J-1 Exchange Visitor’s visa from Russia to do her training program in the United States. Her J-1 program did not subject to the INA Section 212(e) two-year foreign residency requirement. After she completed her J-1 program, she remained in the United States.

She married a U.S. Citizen in July 2013.  Our client retained our office on July 8, 2013 for her 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 14, 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 October 31, 2013, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee  (Glen) Yu accompanied them as well.  On November 7, 2013, her green card application was approved.

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CASE: Termination of Removal Proceedings Based on Approved I-130 Petition

CLIENT: Russian

LOCATION OF COURT: New York, NY

LOCATION OF CLIENT: Texas

Our client is from Russia who came to the U.S. on a J-1 Exchange Visitor Visa in June 2005. She then changed her status to F-1 in November 2005, but she failed to maintain her F-1 status after that.  She was thereafter placed in removal proceedings in New York, NY. She applied for asylum.

Our client married her U.S. citizen husband in November 2011 in Brooklyn, NY. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in April 2013. She applied for adjustment of status by herself with the CIS, but this was denied due to lack of jurisdiction.

She contacted our office around May 2013 to seek legal assistance. She retained our office in May 28, 2013.

After our office was retained, we prepared and filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents to the New York ICE-DHS office. In less than a month, the DHS counsel in New York agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on July 2, 2013. Now, she can file her I-485 adjustment of status application with the CIS.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Russian
LOCATION: Cleveland, OH

Our client came to the United States from Russia on a valid J-1 visa to participate in an exchange program in June 2008.  Since then, she has remained in the United States even after her authorized stay expired.

She married a U.S. Citizen in April 2013 and retained our office on April 9, 2013 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 22, 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 July 8, 2013, our client was interviewed at the Cleveland, OH USCIS.

Attorney JP Sarmiento from our office accompanied them as well. On the same day, her green card application was approved.

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CASE: Asylum in Immigration Court
CLIENT: Russian
LOCATION: New York Immigration Court

Our Russian client came to the United States on a J-1 visa in June 2009.  She was persecuted in Russia based on her ethnicity, so within one year of her entry, she filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS.  She was interviewed at the Asylum Office in New York, but her case was referred to an immigration judge in June 2010.  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 her written statement.

After the case was referred to the Immigration Court, our client contacted our office in late January of 2011. We met her in New York City for the consultation. She then retained our office on February 4, 2011.

Our client was scared to go back home to Russia, fearing that she will be persecuted based on her ethnicity. Our client lived in Russia with her mother, however, her mother was attacked by racial extremists and she was severely injured by the attack.  Later in 2008, our client was severely attacked by a group of skinheads based on her ethnicity. As a result of this attack, she had rib fractures and a concussion. The Russian police did not fully investigate the incident and could not arrest any attackers.

We helped her prepare her asylum application and represented her in immigration court hearings. We also asked her to provide supporting documents corroborating her claim, some of which were a letter from her mother and friends in Russia, Russian medical documents of our client and her mother, and her membership certification with the anti-fascist front. Our firm also did some research on articles related to her claim, and the type of persecution she will experience in Russia if sent back.

Our client’s individual hearing was scheduled on August 11, 2011 at the New York Immigration Court. Attorney Sung Hee Yu represented our client at the hearing. During the hearing, our client testified credibly as to her past persecution in Russia and likelihood of future persecution. After the hearing, the Immigration Judge requested us to submit a new X-ray and psychiatry report from U.S. doctors. The court also requested our client’s doctor to testify at the hearing. On April 5, 2012, after the doctor’s expert testimony, the Immigration Judge granted asylum relief for our client. She is now an asylee who will get her work permit in two weeks and will be eligible to apply for permanent residency in one year.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Moldovan
LOCATION: Cleveland, OH

Our client came to the United States in May 2009 with a J-1 Exchange Visitor visa from Moldova.  She was not subject to the two-year foreign residency requirement, so she could apply for adjustment of status in the United States without a waiver.  She married a U.S. Citizen in December 2010 and retained our office in May 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on June 7, 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. On September 1, 2011, our client was interviewed at the Cleveland, Ohio USCIS.  We accompanied them at the interview as well.  On September 16, 2011, her green card application was approved.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage-based green card success stories, please click here.

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Also feel free to contact our office for free consultations.

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CASE: I-129F Fiance Petition and Fiance Visa

PETITIONER: Originally from Russia and current US Naturalized Citizen

APPLICANT: Russian

Our client, the Petitioner, met his Russian fiancé online and they vacationed in Thailand early this year. A few months after he came back to the States and his fiancé, back in Russia, he retained our firm to get a visa for his fiancé. We informed him of all supporting documents we would need, helped him and his fiancé draft a letter in support of the fiancé petition, and filed the petition on March 18, 2010. On June 22, 2010, the I-129F fiancé petition was approved. Our client’s fiancé was then scheduled for a fiancé immigrant visa interview in early September 2010 at the US Embassy in Moscow. We prepared all forms and supporting documents for her interview and sent them by international mail to Moscow. She was also prepared prior to the appointment. On September 2, 2010, our client passed her fiancé visa interview. She would be reunited with our client in the U.S. soon and would get married within 90 days of her entry. From there she can apply for her green card.

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