CASE: Motion to Reopen / I-130 approval / Termination of Proceedings

CLIENT: Moldovan

LOCATION: Baltimore, MD (EOIR) / Fairfax, VA (USCIS)

Our client came to the United States from Moldova in 2008 with her ex-husband.  While they were residing at the Baltimore area, her ex-husband filed an asylum application to the USCIS.  Our client was a derivative applicant for this asylum application.  Later this case was referred to the Baltimore Immigration Court and removal proceedings were initiated against our client and her ex-husband.  While this asylum application was pending at the Immigration Court, our client and her ex-husband got a divorce due to marital difficulties.  Her previous immigration lawyer filed a Motion to Deconsolidate, but our client never got a response from her previous attorney nor the Court regarding the possible deconsolidation.

Her individual hearing was scheduled in May 2011, but she was not informed of this date.  She later learned that she had a final order of removal because of her absence from her ex-husband.  Once she learned about that, she contacted our office for legal assistance. We advised her that we can file a Motion to Reopen in absentia order of removal based on exceptional circumstances. She retained our office on August 15, 2011.

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 proper notice of the hearing. If the Notice to Appear or hearing notice was sent to the wrong address for example, and not the last address you provided to the immigration service, then there’s a good basis for a Motion to Reopen.

On August 18, 2011, our office filed the Motion to Reopen with the Baltimore 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 her medical appointment on the day of hearing, the last address she provided to the immigration service and to the Immigration Court prior to the final order date, and other supporting documents were submitted (12 exhibits). Eventually, on September 23, 2011, the Baltimore Immigration Court granted our motion and reopened our client’s case.

Our client’s divorce was finalized on August 11, 2011.  After her case was reopened, she married her current U.S. citizen husband in July 2012.  Her U.S. citizen husband filed an I-130 petition on behalf of our client on August 16, 2012 with our legal assistance and they appeared at the I-130 interview on December 18, 2012 at the Fairfax, VA USCIS Field Office.  Prior to the interview, our office thoroughly prepared our client and her husband for the interview.  Although the interview was intensive, on January 9, 2013, the I-130 petition is approved.

After the I-130 was approved, our office filed a Motion to Terminate proceedings with an attached I-485 application and its supporting documents on January 30, 2013.  On February 13, 2013, our client appeared at the Baltimore Immigration Court for her initial master calendar hearing after the reopening of her case.  Attorney Sung Hee (Glen) Yu from our office represented our client at the hearing and sought termination before Immigration Judge.  The Immigration Judge granted our Motion to Terminate and eventually terminated our client’s case without prejudice on the same day.  Now, she can file her I-485 adjustment of status application with USCIS to obtain her green card.

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CASE: I-485 Approval
CLIENT: Senegalese
LOCATION:Baltimore,MD

Our client is a Senegalese citizen who came to the U.S.on an F-1 Student Visa in August 2006 to study at a college in Maryland. As our previous success story explained, our client had a final order of removal in absentia, but his case was reopened after our office’s successful Motion to Reopen in January 2012.

Our client and his wife married in October 2010, and retained our office on March 3, 2011. Our office immediately filed an I-130 Petition with bona fide marriage evidence on March 23, 2011. While the I-130 petition was pending, our client appeared at the Baltimore Immigration Court on February 15, 2012 for his initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented him 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 May 4, 2012 at Baltimore USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his wife rough conference call. Attorney Yu also accompanied them for their interview. The interview lasted more than one hour, but the I-130 petition was eventually approved on the same day.

After the I-130 was approved, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Baltimore Immigration Court. The DHS counsel in Baltimore did not oppose the Motion to Terminate. The Immigration Judge granted the Motion to Terminate on August 7, 2012.

Once his case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on August 28, 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 conference all.

On October 31, 2012, our client was interviewed at the Baltimore CIS office. Our client was fully prepared and the interview went well.

On November 14, 2012, his green card application was approved.

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CASE: Motion to Terminate Removal Proceedings Based on an Approved I-130 Immediate Relative Spousal Petition
CLIENT: Senegalese
LOCATION: Baltimore, MD

Our client is a Senegalese citizen who came to the U.S. on an F-1 Student Visa in August 2006 to study at a college in Maryland.  As our previous success story explained, our client had a final order of removal in absentia, but his case was reopened after our office’s successful Motion to Reopen in January 2012.

Our client and his wife married in October 2010, and retained our office on March 3, 2011. Our office immediately filed an I-130 Petition with bona fide marriage evidence on March 23, 2011.  While the I-130 petition was pending, our client appeared at the Baltimore Immigration Court on February 15, 2012 for his initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented him 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 May 4, 2012 at Baltimore USCIS Filed Office.  Prior to the interview, our office thoroughly prepared our client and his wife rough conference call. Attorney Yu also accompanied them for their interview. The interview lasted more than one hour, but the I-130 petition was eventually approved on the same day.

After the I-130 was approved, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Baltimore Immigration Court. The DHS counsel in Baltimore did not oppose the Motion to Terminate Removal Proceedings. Ultimately, the Immigration Judge granted the Motion to Terminate Removal Proceedings without prejudice. Our client is not in removal proceedings anymore. Now, he can file his I-485 adjustment of status application to USCIS to obtain his green card.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Baltimore, MD

Our Filipino client came to the United States in 2003 with a G-4 visa, a non-immigrant visa which allows foreign officers or employees of international organizations of any rank to enter into the U.S. to engage in business activities and not for personal business and pleasure. She married a U.S. Citizen in March 2010 and retained our office on February 16, 2012 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 27, 2012.  In the application, our firm also included Form I-508 (Waiver of Rights, Privileges, Exemptions and Immunities) and Form I-566 (A, G, or NATO Dependent Employment Authorization or Change/Adjustment To/From A, G, or NATO status) since our client was in G-4 status.  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. On May 2, 2012, less than three months from filing the applications, our client was interviewed at the Baltimore, Maryland USCIS office. Two days later, on May 4, 2012, her green card application was approved.

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

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CASE: Motion to Reopen
CLIENT: Senegalese
LOCATION: Baltimore, MD

Our client came to the United States with a valid F-1 student visa from Senegal in 2006.  Later, he married his current U.S. Citizen wife, and retained our office for his adjustment of status case.  We prepared his I-130 petition and I-485 adjustment of status application, and filed the application on March 21, 2011.

However, a week before his I-130 interview, our client’s adjustment of status application was denied.  Unbeknownst to our client and us, our client was placed in removal proceeding and the Immigration Judge issued a final order against our client in 2010.  Our client was very surprised and informed our office that he never knew of his final order, his hearing, nor the fact that he was even placed in removal proceedings.

Our client never received a Notice to Appear, and as such did not know that he was in removal proceedings, did not know that had to go to Court, did not know that he had to inform the Immigration Court through Form EOIR-33 of his change of address, and ultimately did not know that he had a final order for not appearing at his 2010 hearing.  Our client asked us for help in his case and we advised him to file a Motion to Reopen in absentia order of removal.

On June 17, 2011, our office filed a Motion to Reopen with the Baltimore 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 (39 exhibits).  However, the Department of Homeland Security filed an opposition to our Motion.  In response to the DHS’ brief, our office filed a Response to the Government’s Opposition to Motion on July 8, 2011.

On December 8, 2011, the Baltimore Immigration Court denied our motion. However, our office thought that IJ’s decision was incorrect. In response to the Court’s decision, our office filed a Motion to Reconsider on December 28, 2011. On January 31, 2012, the Baltimore Immigration Court granted our Motion to reconsider and sent our office a new hearing notice for our client. Our client now does not have the final order of removal and may seek relief with the Immigration Court, or seek termination of proceedings for CIS adjudication of his green card.

FREE CONSULTATIONS

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

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