CASE: I-485 Adjustment of Status after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Cameroonian
LOCATION: Atlanta, GA (USCIS) / Memphis, TN (EOIR)

Our Cameroonian client came to the United States in December 1999 on a F-1 student visa. In July 2001, he filed an asylum application to the USCIS, was interviewed by the USCIS, and later his case was referred to the Immigration Court.  Thereafter, a Notice to Appear was issued and our client was placed in removal proceedings. After he got the Notice to Appear, he appeared at his initial master calendar hearing at the Memphis Immigration Court with his previous attorney.

His removal proceedings were continued, but he could not appear at his individual hearing in April 2003 due to the hospitalization.  Thus, the Court found him removable and ordered him removed in absentia.  Later, in April 2011, he filed Motion to Reopen with assistance of his previous immigration counsel.  However, this Motion to Reopen was denied by the Court in July 2011.  Thereafter, he contacted our office to determine whether he can file a Motion to Reopen again.  After the consultation, we explained him that the only way the Court can reopen his case is based on changed country conditions in Cameroon.  It is because our client’s second Motion to Reopen can be considered untimely filed and numerically barred.  After the explanation, our client decided to retain our office and retained us on November 22, 2011 for Motion to Reopen based on changed country conditions.

Under immigration law, if an applicant seeks to make an asylum claim and a final order of removal has been entered and the ninety-day filing deadline for motions to reopen has passed, the BIA and the majority of Circuit Courts have found that the applicant may only file the asylum application through a motion to reopen and only under the “changed country conditions” provision of 8 C.F.R. § 1003.23(b)(4)(i).  Thus, our office prepared the Motion to Reopen based on the changed country conditions in Cameroon.

On March 6, 2012, our office filed the Motion to Reopen with the Memphis Immigration Court. With 15-pages brief, we included a detailed affidavit regarding his involvement in political activist group in Cameroon, several affidavits from his fellow members who confirmed his involvement with the organization.  We claimed that the number of arrests and detentions of his political group members has recently escalated since his original removal hearing in 2003 resulting in changed country conditions.  We also attached a letter from a human rights officer in which he states that he knew our client’s political involvement in Cameroon. Moreover, other supporting documents such as newspaper articles and country report of Cameroon were submitted (24 exhibits).  On March 29, 2012, the DHS filed a Response in Opposition to our Motion.  Nevertheless, on May 2, 2012, the Memphis Immigration Court granted our motion and reopened our client’s case.  

Once his case is reopened, he retained our office again. Our attorney Sung Hee (Glen) Yu appeared at his master calendar hearing via telephonic appearance and his individual hearing was scheduled on September 29, 2014 at the Memphis Immigration Court.

Our client was persecuted and harmed in Cameroon based on his political opinion and movement.  Our client was scared to go back home to Cameroon, fearing that he will be persecuted based on his political opinion. Moreover, our client’s late father and his uncle were mistreated and harmed in Cameroon due to their political opinion as well.

We helped him file his asylum application and represented him in immigration court hearings. We also asked him to provide supporting documents corroborating his claim, some of which were a letter from his family, colleagues and friends in Cameroon. Our firm also did some research on articles related to his claim, and the type of persecution he will experience in Cameroon if sent back.

Our client’s individual hearing was scheduled on September 29, 2014 at the Memphis Immigration Court. Attorney Sung Hee Yu from our firm prepared him extensively. He also represented our client at his Individual Hearing at the Memphis Immigration Court.

Prior to the hearing, Immigration Judge held a pre-trial conference with Attorney Yu and the DHS counsel. During the pre-trial conference, and all of the possible issues were examined. At the conclusion of the conference, withholding of removal was granted. After the hearing, the Immigration Judge granted Withholding of Removal for our client based on his persecution in Cameroon.

In December 2014, our client married his current U.S. citizen wife. He retained our office again for the I-130 petition. Once we were retained, our office prepared and filed the I-130 petition for our client and filed it to USCIS on August 14, 2015.

Our client’s I-130 interview was scheduled on October 3, 2016 at Atlanta USCIS Field Office.  Prior to the interview, our office thoroughly prepared our client and his wife for the interview via conference calls. Attorney Yu also accompanied them for their interview. The interview went well, and the I-130 petition was eventually approved on October 11, 2016.

Once the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Memphis, TN agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on February 24, 2017.  

After his removal proceeding was terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on April 24, 2017. 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 via conference call. On November 17, 2017, our client was interviewed at the Atlanta, GA USCIS. Attorney Sung Hee (Glen) Yu accompanied our clients as well.  After the interview, his I-485 application was approved.  Now, our client became a green card holder.

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CASE: Marriage Based Adjustment of Status (I-130/I-485)

NATIONALITY: Iranian

LOCATION: Atlanta, Georgia

Our client was a citizen of Iran who came to the U.S. on a J-2 Visa in October 2006.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After our client came to the United States, he has remained in the United States beyond the expiration of his authorized stay period.  He turned 21 in 2011.  Later, our client married his current U.S. citizen wife in September 2015. He would like to get a waiver because he can get a green card based on his U.S. citizen wife’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in 2011.

Our firm was retained to do his J-2 waiver, and on May 26, 2016, the J-2 Waiver application (Form DS-3035 and supporting documents) 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 reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on June 20, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  

Once his J-2 waiver was approved, our client retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on August 23, 2016.  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 June 13, 2017, our client was interviewed at the Atlanta, Georgia USCIS office.  The interview went well, and eventually, on June 21, 2017, his green card application was approved.

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Case: I-130/I-485

Client: Ghanaian

Location: Atlanta, GA

Our client entered the United States in November 2008 from Ghana on an A-2 visa (A-2 diplomatic visa is a nonimmigrant visa which allows foreign accredited officials, not in the diplomatic category, to enter into the U.S. to engage in official activities of their government).  Later, he married his U.S. citizen wife in December 2014. He retained our office on April 6, 2015 for his adjustment of status application.

Our office prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 16, 2015. We also filed I-508 and I-566 applications with his adjustment application.   Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, our office thoroughly prepared our client via conference calls for their USCIS adjustment of status interview.

On July 30, 2015, our client and his wife appeared at the Atlanta, GA USCIS office for his adjustment interview. The interview was extensive, and a year later, the USCIS of scheduled another interview for them. The officer was suspicious regarding the bona fideness of our client’s marriage.

On August 9, 2016, our client and his wife appeared at the Atlanta, GA USCIS office his second interview. The interview went well, but the USCIS issued a Request for Evidence (RFE) for our client’s updated vaccination record. Our client promptly filed the Response to RFE.

Finally, on June 1, 2017, the USCIS approved our client’s case. Both the I-130 Petition and I-485 Green Card Application were approved. Our client is now a green card holder.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Birmingham, AL

Our client is from the Philippines who came to the U.S. on an H-1B visa in October 2009. Since then, she has remained in the United States and worked as a high school teacher in Birmingham, AL.  In July 2016, our client married her current U.S. citizen husband.  She retained our office in July 2016 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 22, 2016.  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 via conference calls. On February 27, 2017, our client was interviewed at the Atlanta, Georgia USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of the interview, her green card application was approved.

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CASE: I-485 Adjustment of Status based on Approved  I-360 Petition

NATIONALITY: Kenyan

LOCATION: Atlanta, GA

Our client is from Kenya who came to the U.S. on a J-1 Visa in May 2002.  After she finished her J-1 program, has remained in the United States. With our office’s assistance, she got her J-1 waiver in February 2015.

In February 2016, she contacted our office to seek legal representation for her I-360 petition. According to her story, our client’s marital life was deteriorating and she was a spouse of an abusive U.S. Citizen.  With her story and other evidence, our office determined that she would be eligible for a VAWA I-360 self-petition as a spouse of an abusive U.S. citizen.

Our client experienced domestic violence and spousal abuse during her marriage. Her husband physically and mentally abused our client throughout the years. Thus, we filed and prepared her I-360 petition, which included several exhibits and a detailed brief to the USCIS Vermont Service Center on March 17, 2016.  

Despite our client’s thoroughly prepared I-360 application, in April 2016, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more documents to prove her good moral character. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on May 24, 2016.

Finally, on October 18, 2016, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360 petition, our firm prepared and filed her Adjustment of Status Application.  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 via conference call. On January 13, 2017, our client was interviewed at the Atlanta, Georgia USCIS.  Eventually, on the same day of the interview, the USCIS approved our client’s adjustment of status application and issued a green card.

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CASE: I-485 Adjustment of Status / I-140 (EB-2 Category) / Schedule A

APPLICANT: South Korean Nurse Practitioner

LOCATION: Atlanta, GA

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, she was eligible for “Schedule A” classification.

The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained on December 15, 2015 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on April 13, 2016 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents.

In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  On April 25, 2016, without any Request for Evidence (RFE), the USCIS Texas Service Center approved her EB-2 I-140 petition.

Once the I-140 petition was approved, our client retained our office again for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on June 6, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on November 1, 2016, the USCIS Texas Service Center approved our client’s adjustment of status application. Now, she finally is a green card holder.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Cote D’Ivoire                                                                                                        

LOCATION: Atlanta, GA

Our client is from Cote D’Ivoire who came to the U.S. on a J-1 Exchange Visitor’s Visa in August 2013.  Her J-1 program was not subject to the INA 212(e) two-year foreign residency requirement. In August 2014, our client married her current U.S. citizen husband.  She retained our office for her green card application in 2016.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 7, 2016.  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 via conference call as well. On September 29, 2016, our client was interviewed at Atlanta Georgia USCIS office. Eventually, on October 24, 2016, her green card application was approved.

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CASE: I-360 Petition

NATIONALITY: Kenyan

LOCATION: Atlanta, GA

Our client is from Kenya who came to the U.S. on a J-1 Visa in May 2002.  After she finished her J-1 program, she remained in the United States. With our office’s assistance, she got her J-1 waiver in February 2015.

In February 2016, she contacted our office to seek legal representation for her I-360 petition. According to her story, our client’s marital life was very deteriorating and she was a spouse of abusive U.S. Citizen.  With her story and other evidence, our office determined that she would be eligible for I-360 self-petition as a spouse of abusive U.S. citizen.

Our client experienced domestic violence and spousal abuse during her marriage. Her husband physically and mentally abused our client throughout the years. Thus, we filed and prepared her I-360 petition, which included 15 exhibits and a detailed brief to the USCIS Vermont Service Center on March 17, 2016.  

Despite our client’s thoroughly prepared I-360 application, in April 2016, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more documents to prove her good moral character. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on May 24, 2016.

Finally, on October 18, 2016, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360, our client can file her I-485 adjustment of status application to the USCIS for her permanent residency.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Iranian

LOCATION: Georgia

Our client is a citizen of Iran who came to the U.S. on a J-2 Visa in October 2006.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After our client came to the United States, he has remained in the United States beyond the expiration of his authorized stay period.  He turned 21 in 2011.  Later, our client married his current U.S. citizen wife in September 2015. He would like to get a waiver because he can get a green card based on his U.S. citizen wife’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of  the requirement or a waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in 2011.

Our firm was retained to do his J-2 waiver, and on May 26, 2016, the J-2 Waiver application (Form DS-3035 and supporting documents) 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 reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on June 20, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 7, 2016, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Ivorian

LOCATION: Atlanta, GA

Our client contacted us in October 2015 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Ivory Coast and obtained his green card in December 2010. He retained our office on October 30, 2015.

The N-400 application was filed on December 2, 2015 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls. On March 14, 2016, our client appeared at the Atlanta, GA USCIS office for his naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, his application was approved on June 2, 2016. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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