CASE: Motion to Reopen
CLIENT: El Salvadorian
LOCATION: Cleveland, OH

Our client came to the United States without inspection and admission from El Salvador in 2004. When he was crossing the border, the Customs and Border Patrol (CBP) officials picked him up and placed him in a minor house as he was only 17 at that time.  Later, our client went to the Phoenix Immigration Court for his first hearing, and later on his venue was changed to Cleveland as he informed the Court that he was moving to Cleveland to live with his brother, who was on Temporary Protected Status (TPS).  He then appeared for his first hearing before the Cleveland Immigration Court. At the hearing, they scheduled a date for his next hearing, but also informed him that the hearing will change, and that he will get a notice in the mail. Our client has lived in Cleveland with his brother who has TPS status since. He never got the hearing notice.

On February 1, 2012, our client’s brother got a phone call from the Immigration Service and they asked him about our client.  The brother asked them what our client did wrong, and to his surprise, he was informed that our client had a final order of removal in November 2006. He was told that his brother should go to the Immigration and Customs Enforcement (ICE) on a specific date “to be processed”.

Our client and his brother immediately sought our help, and upon our check of our client’s A number with the court system, found that his final order was issued in November 2006 in Cleveland, OH.  We told him that he has a final order of removal and because of that, when he goes to ICE on his appointment date, he might get picked up. We told them that he has to file a Motion to Reopen before he goes to ICE for his appointment, and show them that the Motion was filed. He was already deportable, and the Motion would stay deportation and lessen the chance that he gets detained.

So our client retained our office the day before his appointment with ICE (Immigration and Customs Enforcement). We met him extensively to prepare the affidavit and on the same day, our office prepared and filed the Motion to Reopen with the Cleveland Immigration Court. We also gave our client a copy so that he could show ICE that he had an automatic stay with the pending Motion to Reopen.  Our client never received his hearing notice; moreover, his prior appearances in Court show that he previously complied with immigration appointments.

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.  In the Motion, we also explained that our client feared going back to El Salvador and that he intended to file asylum if the case is reopened.

When our client went to ICE, he showed the Motion to Reopen and fortunately, he was not detained. He was also issued an Order of Supervision, which was an added bonus since he became eligible to file a work permit.

Then, on March 13, 2012, the Cleveland Immigration Court granted our motion and reopened our client’s case. Our client now does not have a final order of removal and may seek relief with the Immigration Court.

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Our client came from India and has two approved I-140 petitions, one under the EB-2 category, and before that from the EB-3 category. He filed his I-485 adjustment of status application in 2007 when his EB-3 I-140 priority date was current.   In 2011, our client got another I-140 approval under the EB-2 category.

Our client retained our office on October 6, 2011 for an interfile request to the USCIS so that his I-485 application may be processed according to the availability of immigrant visas in the EB-2 category. At that point the priority date he had would have been current if based on the EB-2 category, which meant that his green card application would be adjudicated soon.

According to the CIS Adjudicator’s Field Manual Chapter 23.2(I)(2)(L):

“In order to convert an adjustment application to a new basis involving a preference classification, the alien must be the beneficiary of an approved visa petition (pertaining to that new basis) which has a current visa availability date. With limited exceptions, a priority date is NOT transferrable from one preference category to another or from one petition to another.

Note: The request for conversion of the adjustment application is a totally separate issue from the priority date determination. Priority dates for preference visa categories are determined in accordance with the provisions of 8 CFR 204.1(c) and (d) for family-based petitions or 8 CFR 204.5(d), (e) and (f) for employment-based petitions and are generally not transferable. The only exceptions to this general rule are:

• Conversion within the first three employment based categories (sections 203(b)(1), (2), and (3), as provided in 8 CFR 204.5(e)”

Since employment based priority dates for the first three preference petitions are transferable, such cases fall within the “limited exceptions” specified in the CIS manual. This provision suggests that substitutions involving different employment preference classifications are permissible, as it is in our client’s case.

The CIS Adjudicator’s Field Manual, in Chapter 23.2(I)(2), sets forth certain specific rules, including:

(C) The request must be made in writing. Verbal requests for conversion are unacceptable.
(D) There must be no break in the underlying eligibility prior to the conversion request.

Section 23.2(I)(C) and (D) of the Adjudicator’s Field Manual provides that an I-485 adjustment application may be converted from one eligibility basis to another if the request is made in writing and there is no break in the continuity of the underlying eligibility for adjustment prior to submission of the conversion request.

With the above standards cited, our office sent an interfile request to the USCIS Nebraska Service Center for our client and his three dependents.  Since our client is the beneficiary of multiple approved I-140 petitions; we requested that the basis of his pending I-485 application be converted to the EB-2 I-140 petition approved on his behalf.  We asked the USCIS to interfile our client’s second approved I-140 petition with his pending I-485 application and process his adjustment application, using his EB-3 priority date but according to the availability of immigrant visas in the EB-2 category, to make his I-485 application available for adjudication.

Eventually, on March 16, 2012, the USCIS Nebraska Service Center approved our client’s adjustment of status application.  After a long wait, our client, his wife, and his two children finally became green card holders.

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CASE: J-1 Waiver of  the Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Indonesian
LOCATION: Cleveland, OH

Our Indonesian client came to the U.S. on a J-1 Visa in April 2008.  He came to the U.S. for business training, and his J-1 visa made him subject to the two-year foreign resident requirement.  In October 2011, our client married his U.S. Citizen wife and he wanted to apply for permanent residency. However, 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 Indonesian Embassy in the United States.  Our office contacted the Indonesian Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Indonesian passport, and a copy of Form DS-3035.

On January 10, 2012 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a marriage based adjustment of status application but for the waiver.

The Indonesian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On February 16, 2012, 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 March 7, 2012.  Now that our client’s two-year foreign residency requirement is waived, we can prepare and eventually file his petition and adjustment of status application.

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CASE: Emergency Advance Parole Document (I-131)
CLIENT: Korean
LOCATION: Cleveland, OH

Our client came to the United States in 2010, and through our firm, got his I-140 National Interest Waiver self-petition and his waiver of the J-1 two-year foreign residency requirement. We then filed I-485 adjustment of status applications for him and his family with the approved I-140 petition in January 25, 2012.  The application included I-131 advance paroled applications. His adjustment of status application is still pending at the USCIS Nebraska Service Center.

On March 2, 2012, our client contacted our office in urgency.  He informed us that his mother’s medical condition is critical, so he needs to go back to Korea to take care of her as soon as possible.  However, his I-131 was still pending at that time, and his biometrics and fingerprinting appointment was not issued yet. He wanted us to expedite the advance parole (travel) document so that he could visit his ailing mother.

According to USCIS policy, if the applicant is experiencing an extremely urgent situation, an emergency advance parole document may be requested at the local USCIS office.  The emergency situation must fall under the following categories:

• Severe financial need to the company or individual
• Extreme emergency situation
• Humanitarian situation
• Non-profit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
• USCIS error
• Compelling interest of USCIS

We obtained a letter from his mother’s doctor from Korea, explaining the emergency medical situation, and our office prepared a brief for submission to the USCIS Cleveland Field Office.  On March 5, 2012, Attorney Sung Hee Yu and our client appeared at Cleveland CIS office for an Infopass appointment to apply for the emergency advance parole.  The CIS Officer allowed our client to take biometrics on the same day, and reviewed our emergency advance parole application.  On March 6, 2012, only one day after the emergency application, the CIS Cleveland Field Office recommended approval for our client’s application and requested expedited service to Nebraska Service Center.  On March 7, 2012, the USCIS Nebraska Service Center approved our client’s I-131 advance parole document. Our client now is free to visit his mother in South Korea and come back to the United States with no issues during the pendency of his adjustment of status application.

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CASE: Motion to Stay / Motion to Reopen / Jail Release
CLIENT: Indonesian
LOCATION: Cleveland, OH

Our client came to the United States with a valid B-2 visa from Indonesia in March 2003. He later filed for asylum but was denied by the Immigration Judge in May 2010.  Our client subsequently filed a timely appeal with the Board of Immigration Appeals (BIA), but the BIA also dismissed appeal on October 21, 2011.

In December 2011, our client married his U.S. Citizen wife and through our office, filed an I-130 petition on January 3, 2012.  Once we obtained the I-130 receipt notice, we filed a Motion to Reopen on January 10, 2012, within the 90-day deadline for filing Motions to Reopen with the BIA.

On January 12, 2012 our client was picked up and detained by the Immigration and Customs Enforcement. We visited our client and jail and soon filed a Motion to Stay with the BIA. A stay if approved would prevent deportation pending a pending appeal or motion. Our office argued that the Board should issue a stay of removal pending a decision on the Motion to Reopen.  The Motion to Stay was filed with evidence of a bona fide marriage, however, on January 27, 2012, the BIA denied our request for stay. We immediately called ICE and they already set a deportation date of February 2, 2012. Since there was no limit to the Motions to Stay that one can file, we prepared another Motion to Stay on January 27, 2012, spending the whole day with our client’s wife in putting in more evidence of their bona fide marriage including a broad power of attorney entrusting his wife with the management of his financial, personal, and real property interests, a joint bank account, and numerous letters and photographs from family and friends affirming the bona fide nature of their marriage.  Our office argued that these types of documents submitted with our Motion clearly demonstrate that their marriage was entered into in good faith as the BIA set forth in Matter of Velarde, 23 I&N Dec. 253 (BIA 2002). On January 31, 2012, two days before the deportation date, our Motion to Stay was approved, which meant that our client would not be deported on February 2.

Eventually, the BIA granted our client’s Motion to Reopen on February 8, 2012, and remanded it to the Immigration Judge to allow our client to apply for adjustment of status (green card). Upon approval of the Motion to Reopen, we promptly contacted ICE and requested release.  On February 10, 2012, our client finally released from the detention facility. Now he simply has to wait for his I-130 interview and once that is approved, he can apply for adjustment of status.

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

Our client came to the United States in January 2004 with an F-1 student visa from Gambia.  She married a U.S. Citizen in July 2011 and retained our office on August 31, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 8, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On December 5, 2011, our client was interviewed at the Cleveland, Ohio USCIS.  We accompanied them at the interview as well. On February 8, 2012, our client’s green card application was approved.

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CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Korean
LOCATION: Ohio

Our client is from South Korea who came to the U.S. on a J-1 Visa in August 2008.  He came to the U.S. for a NASA research fellowship, but his J-1 program made him subject to the two-year foreign residence requirement.  He retained our office to seek legal assistance for his I-140 (National Interest Waiver Classification) and I-485 Adjustment of Status applications.  Before we file his I-140/I-485 application simultaneously, he has to get a waiver for his two-year foreign residency requirement.

Once retained, our office promptly prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Los Angeles (Our client’s program sponsor was in Southern California, so the Korean Consulate General in Los Angeles has jurisdiction for our client’s application) to pursue the waiver for our client.  The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On December 7, 2011 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file a National Interest Waiver petition and adjustment of status application.

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On January 10, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and will issue an I-612 approval shortly.  Now, our client can file his adjustment of status application along with his NIW petition.

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CASE: B-2 Visa Extension / I-539
NATIONALITY: Filipino
LOCATION: Cleveland, Ohio

Our clients came from the Philippines on B-2 visitor visas. They came to the United States in early June of 2011 to attend a Math competition in Las Vegas Nevada. Their visas were single entry ones good for only a month, but their tourist status upon entry was good for six months. .  They wanted to visit their grandmother from Ohio so after the competition, they visited her in Ohio. They consulted with our firm about a week before the expiration of their B-2 status. They wanted to extend their visit for six months to spend more time with their grandmother.

Upon retention, we went into detail with their reasons for requesting extension. We made sure all addresses, contact information, and dates on their statements were complete and accurate. We made sure all their plans were supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence from the CIS.  Our office submitted letters from family members in the United States and financial statements from the Philippines. We also submitted school ties from the Philippines as proof of their intention to retain. We also submitted return tickets prior to the expiration of the requested extension. Our firm filed the I-539 Extension Application on December 1, 2011, a day before the expiration of their status. On January 9, 2012, their B-2 status extensions were approved with no Requests for Evidence.  Now they can stay in the United States for six more months with their grandmother.

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

Our client came to the United States in June 2008 with a B-2 tourist visa from the Philippines. She married a U.S. Citizen in June 2011 and retained our office in late August for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 20, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time.  Prior to the interview, we thoroughly prepared our clients at our office.  On December 22, 2011, our client was interviewed at the Cleveland, Ohio USCIS.  Attorney Sung Hee Yu accompanied them at the interview as well.  On the same day, her green card application was approved.

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Case: Request to Join in a Motion to Terminate with DHS and Motion to Terminate with the Cleveland Immigration Court
Nationality: Chinese
Location: Cleveland, OH

Our client came to the United States in January 2002 with a valid B-1 visa.  He has stayed in the United States ever since. He was placed in removal proceedings a few years later. While he was in the United States, his wife, who obtained her green card through asylum, filed an I-130 petition for him. It was approved in June 2010.  At the time of the I-130 filing, our client’s wife was a Lawful Permanent Resident, so the priority date for our client was not current. She became a naturalized U.S. citizen on June 17, 2011.

Before our firm was retained, our client already had a scheduled asylum individual hearing in 2013.  In August 2011, our client consulted with our office and sought legal assistance. We advised him that we would try to terminate his removal proceedings with the DHS’ cooperation.  Our office filed a request to join in a Motion to terminate proceedings with a copy of the I-485 application and supporting documents on November 8, 2011.  The DHS counsel in Cleveland agreed to terminate our client’s removal proceedings.  The Immigration Judge then granted the Motion to terminate without prejudice on December 7, 2011.

Now that removal proceedings are terminated, he can file an I-485 adjustment of status (green card) application with the USCIS. His case will be at the USCIS Cleveland Office for final adjudication.

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