Case: I-130
Client: Ghanaian
Location: Phoenix, AZ

Our client came to the United States on a valid B-2 visa from Ghana in 2004 to visit his aunt in Maryland. Later, he decided to stay in the United States, and did not leave. He worked illegally, and on June 2004, our client got picked up at work by immigration officers and was issued a Notice to Appear.

The Notice to Appear did not have a hearing date and time. He was told he would get a hearing notice in the mail. He never moved for the next two years, yet he never received any hearing notice. Our client thought that the immigration court just closed his case due to his young age at that time. Apparently his hearing was scheduled and since he did not show up, he was ordered removed in absentia.

More than three years later, he married his U.S. Citizen wife and moved to Arizona. They had two U.S. citizen children. After a few years raising their children, our client decided to work on his immigration status. He contacted our office and we found out through his A number that he already had a final order of removal, and thus could not apply for adjustment of status. So our office filed a Motion to Reopen with the Arlington Immigration Court in Virginia and the Court granted our Motion. We then filed a Motion to Change of Venue to Phoenix, Arizona and the Motion was granted as well.

Prior to filing the Motion to Reopen, our office filed an I-130 petition based on our client’s marriage to his U.S. citizen wife. The I-130 petition was filed on March 5, 2012.  Generally, if someone is a beneficiary of an I-130 petition while he or she is in removal proceedings, the USCIS schedules what’s called a Stokes interview, in which both husband and wife are interviewed separately for intensive questioning. This is to make sure the marriage is in good faith, and not entered into for the purpose of avoiding deportation.

The I-130 petition we filed though included various supporting documents which demonstrated the bona fide nature of our client’s marriage. We also emphasized the fact that they have been married for 5 years and have two U.S. citizen children. As a result, the USCIS approved the I-130 petition for our client without requesting an interview at the local office. The I-130 was actually approved the day before his scheduled Master Hearing in Phoenix.

Attorney Sung Hee (Glen) Yu from our firm accompanied our client at his Phoenix hearing. The Judge and DHS attorney were informed of the I-130 approval, and they both took note of our intention to have the case terminated for CIS adjudication of his adjustment of status application.

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CASE: Motion to Reopen
CLIENT: Ghanaian
LOCATION: Phoenix, AZ / Immigration Court: Arlington, VA

Our client came to the United States on a valid B-2 visa from Ghana in 2004 to visit his aunt in Maryland. Later, he decided to stay in the United States, and did not leave. He worked illegally, and on June 2004, our client got picked up at work by immigration officers and was issued a Notice to Appear.

The Notice to Appear did not have a hearing date and time. He was told he would get a hearing notice in the mail. He never moved for the next two years, yet he never received any hearing notice in the mail. Thus, he never got notice of his hearing. Our client thought that the immigration court just closed his case due to his young age at that time.

More than three years later, he married his U.S. Citizen wife and moved to Arizona. They have a U.S. citizen child as well.

He contacted our firm to inquire about the possibilities of applying for adjustment of status. Upon checking his documents, we found out that he had a final order in 2005. He said he was not aware that he had a hearing date in March 2005. He explained that he got a Notice to Appear, was expecting a hearing notice, lived at the address that was on the Notice to Appear for the next two years, yet never received anything. Because of his absence at the Arlington Immigration Court hearing, the court issued an in absentia order of removal in 2005.  We told him that we have to reopen his case first before he can even apply for adjustment of status.

To rescind the final order, he has to get his 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 March 9, 2012, our office filed the Motion to Reopen with the Arlington Immigration Court. Documentation of his address at the date of the final order, a detailed affidavit regarding his addresses and his circumstances around the final order date, documentation of the last address he provided to the immigration service prior to the final order date, and other supporting documents were submitted (26 exhibits). On April 11, 2012, the Arlington Immigration Court granted our motion and reopened our client’s case.  Our client now does not have the final order of removal and may seek adjustment of status relief with the Immigration Court upon approval of the I-130 marriage-based petition that was filed for him. He may also seek termination of removal proceedings and apply for adjustment of status with the CIS instead.

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

Our office was contacted in early March regarding a Chinese individual 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 amount.  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 relative 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 relative, from proof of their status and residence, to bank statements and tax returns.

On April 6, 2012, Attorney Sung Hee (Glen) Yu represented our client in his Florence Arizona Immigration Court bond re-determination hearing. The DHS proposed a bond but it was too high. During the bond re-determination hearing, we explained to the Court 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 had ample family ties in the United States who submitted proof of their residence and immigration status.  Moreover, 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 by one third of the original amount.

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

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

Our office was contacted in the middle of February regarding two Chinese people who were detained in Florence, Arizona. They tried to enter the United States without valid documents and were incarcerated by immigration officers.

Prior to retention, the Immigration and Customs Enforcement set a very high bond amount.  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 them and their U.S. resident relative in Iowa and New York, and gathered as much information regarding their 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 February 23 and 24, 2012, we represented our clients at their Florence Arizona Immigration Court master calendar and bond re-determination hearings.  For the Master Calendar hearing, we did pleadings and sought asylum relief. During the bond re-determination hearing, we explained to the Court that our clients already passed their credible fear interviews, were not a flight risk, had established their residence upon release, had established their financial ability to post bond, and that they had ample family ties in the United States who submitted proof of their residence and immigration status.  Moreover, our office explained that their lack of criminal record, designated address with contact information from their 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 clients have been released, venue has been changed, and they are now in the process of preparing their asylum applications.

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

NATIONALITY: Romania

LOCATION: Arizona

Our client is a Romanian national who came to the U.S. on a J-2 Visa.  She came with her husband who was on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning you would have to go back to your home country for two-years before you can apply for permanent residency and some non-immigrant visas such as H, L, and O visas. (Our firm’s blog will explain this two-year residency requirement for J-1 visa holder and possible waiver application process later with further details).  Moreover, if you are subject to the two-year foreign residency requirement, you are not allowed to change some non-immigrant status in the United States.

Unfortunately, her marriage did not work out well after my client and her ex-husband came to the United States.  Eventually, she got divorced from her ex-husband and later married a U.S. citizen husband.  Her new husband petitioned I-130 and I-485 (green card process based on marriage) on behalf of our client, but her green card application was denied due to her failure to fulfill the two-year foreign residency requirement.  As mentioned above, an immigrant beneficiary who is subject to 2-year requirement cannot get his/her green card even if he/she marries a U.S. citizen until he/she fulfills the requirement or gets a waiver.

Once client’s green card application was denied, she contacted our firm and retained us. Our firm was retained to do this J-2 waiver on October 4, 2010. On October 11, 2010 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 October 26, 2010 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Eventually, on November 22, 2010, the USCIS approved the waiver of the 2-year foreign residency requirement. She obtained her waiver within 40 days!  Our client can apply for her green card without having to go back to Romania and be separated from her husband for two years.

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