CASE: I-130 and Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Son; Chinese Beneficiary Mother in China

LOCATION: Petitioner: Ohio; Beneficiaries: China

I-130 FILED: December 6, 2012

I-130 APPROVED: February 15, 2013

IV APPROVED: September 23, 2013

Our client retained us to bring his mother from China to the United States. He was born and raised in China, but was naturalized in the United States.

On December 6, 2012, our firm filed the I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On February 15, 2013, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get his mother over to the United States.

On May 22, 2013, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s mother at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On September 23, 2013, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two weeks of entry.

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Just wanted to let you know that Family F2A I-130 Petitions are current for August 2014.

IF:

1. You are a permanent resident and have a spouse who is not yet a permanent resident and is in status in the U.S.
2. You are a permanent resident and your spouse is back home.
3. You are a permanent resident and have minor children who are not yet permanent residents and are in the U.S. in status. OR
4. You are a permanent resident and have minor children back home.

… this major development should help in a big way.

This is great news for permanent residents who wish to petition (or have petitioned) a spouse and or minor children. Being able to file for adjustment of status (green card) because priority dates are current is very important news because applicants, even if priority dates retrogress, would be able to file for a WORK PERMIT (and keep extending them) while waiting for their permanent residency. This obviously gives the applicant / beneficiary the ability to work legally, have a valid state ID, and driver’s license.

So what are Family F2A Petitions.

2 TYPES

One, those filed by a green card holder (lawful permanent resident)  to a spouse.

Two, those filed by a green card holder to a minor child.

What does being “current” mean?

Typically, for Family  F2A Petitions, you first file the I-130 petition, then you wait, depending on which country you are from, for priority dates (based on the visa bulletin) to be available. There was a time it was a four year wait, then eventually a two year wait, until now when it just became current. After priority dates become “current”, that’s when immigrant visa processing starts, or, if the beneficiary is here and is eligible (245i or maintained status), someone can apply for adjustment of status (green card).

If priority dates become “current”, then the wait time is over. For those eligible, the petition and adjustment of status application could be filed simultaneously. For those whose beneficiaries are abroad (spouse or minor children), let’s say the “current status” of the F2A category lasts several months, then your spouse or children could immigrate within the next few months hopefully, compared to having to wait 2 years (or even 4 years as it was way back).

So I hope this gives great news to some of you.  I know some beneficiaries have been waiting for their priority dates to be current, or waiting for their spouse to be a US Citizen, so that they may get a work permit, or apply for adjustment of status, or come to the United States, depending on the case. I hope this provides some actionable news, and help some of you to reunite with certain family members sooner.

Feel free to email me back, or call me at (216) 573-3712, if I may be of any help.

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CASE: I-130 and Consular Processing (Immigrant Visa)
CLIENT: US Citizen Petitioner Daughter; Chinese Beneficiary Parents in China
LOCATION: Petitioner: Ohio; Beneficiaries: China
I-130 FILED: April 26, 2012
I-130 APPROVED: October 10, 2012
IV APPROVED: May 6, 2013

Our client retained us to bring her parents over from China. She was born and raised in China, but was naturalized in the United States.

On April 26, 2012, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On October 10, 2012, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get her parents over to the United States.

On March 20, 2013, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s parents at the U.S. Consulate in Guangzhou, and we prepared them for their interview. On May 6, 2013, the U.S. Consulate in Guangzhou, China approved and issued their immigrant visas.

With the approved immigrant visa, our client’s parents can come to the United States immediately, and they will get their green cards within two weeks of entry.

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CASE: Motion to Remand / I-130 Approval
CLIENT: Nepalese
LOCATION: Baltimore, MD

Our client came to the United States with a valid B-2 visa from Nepal in January 1998. He remained in the United States for a time longer than permitted. In November 2009, he was placed in deportation proceedings due to his overstay and a Notice to Appear was issued. His asylum application was denied by the Immigration Judge, but an appeal was timely filed.

While the BIA appeal was pending, our client’s daughter became a naturalized U.S. Citizen in January 2012. Our office immediately filed an I-130 petition for our client on February 6, 2012. After we received the I-130 receipt notice, we prepared and filed a Motion to Remand for Adjustment of Status Based on a Pending I-130 on behalf our client. You typically want the I-130 to be approved prior to filing the Motion to Remand, but by submitting the actual I-130 application itself and its supporting documents attached to the Motion, you can show that it is approvable.

In Matter of Coelho, 20 I&N Dec. 464, 473 (BIA 1992), the BIA found that a motion to remand must conform to the same standards as a motion to reopen, where the respondent presents new evidence which would likely change the result of the case. In a Motion to Reopen before the BIA, the Applicant must show that the evidence is material, unavailable at time of original hearing, and could not have been discovered or presented at the original hearing. 8 C.F.R. § 1003.2(c)(1). In this case, the adjustment of status relief was not available for our client at his previous hearing since his daughter has not become a naturalized U.S. citizen yet.

Our office filed a Motion to Remand for Adjustment of Status based on a pending I-130 to the BIA on February 24, 2012. We argued that our client will be eligible for adjustment of status once the I-130 is approved since he had a legal entry to the U.S., has no criminal records, and has no other grounds of inadmissibility. Eventually, on July 10, 2012, the BIA granted our motion, reopened our client’s case, and the record was remanded for further proceedings.

While we were waiting for adjudication of the I-130 petition, the USCIS issued a Request for Evidence (RFE) regarding the paternal relationship of our client. Apparently, the birth certificate submitted from Nepal was not enough. So we scheduled a DNA test for our client and this resulted to a 99.99% likelihood of paternity. On September 14, 2012, the USCIS approved the I-130 petition for our client. Now, he can apply for the adjustment of status before Immigration Judge or USCIS upon termination of his proceedings.

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For other Motion to Reopen / Remand Cases, please click here.

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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: Termination of Removal Proceedings with an Approved I-130 Petition / I-485 Adjustment of Status
CLIENT: Ghanaian
LOCATION: Cleveland, Ohio (EOIR) / Columbus, Ohio (USCIS)

Our client is a Ghanaian citizen who came to the U.S. on an F-1 Student Visa in August 2003 to study at a college in West Virginia.  He married his ex-wife in 2007, but their marriage ended sometime in 2011.  At the latter part of his previous marriage, his ex-wife, a U.S. Citizen, filed an I-130 petition for him, but later she withdrew the petition as their marriage was not working out at that time. The I-130 petition and our client’s I-485 application were denied, and a Notice to Appear was issued. Our client was placed into removal proceeding.

Our client then married his current U.S. Citizen wife in August 2011, and he retained our office on August 29, 2011. Once retained, our office immediately filed an I-130 Petition with bona fide marriage evidence on September 2, 2011.  While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on October 19, 2011 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 held on March 26, 2012 at the Columbus USCIS Filed Office.  Prior to the interview, our office thoroughly prepared our client and his wife for the interview at our office. Attorney Yu also accompanied them for their interview. The interview lasted one hour, but the I-130 petition was eventually approved on the same day.

After 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 Cleveland agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice.

After his removal proceedings were 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 May 14, 2012. 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. On July 13, 2012, our client was interviewed at the Columbus USCIS office. Two days later, his I-485 application was approved.  After eight years in the United States, our client is finally a green card holder.

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

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Chicago, IL

Our client came to the United States in January 1994 with an H-1B visa from the Philippines. Although her authorized stay expired on December 29, 1994, she remained in the United States. She married a U.S. Citizen in January 2011 and retained our office a few months later.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 17, 2012.  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 call. On July 11, 2012, our client was interviewed at the Chicago, IL USCIS.  We accompanied our client at her interview as well.  On the same day, 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. 

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

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Case: I-130/I-485
Applicant/Beneficiary – Indian
Location: Cleveland, Ohio

Our client entered the United States in May 2011 from India with B-2 visitor visa. He married a U.S. citizen in October 2011 and retained our office on October 31, 2011 for his adjustment of status application.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on November 9, 2011.  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 at our office. On January 26, 2012, our client was interviewed at the Cleveland, OH USCIS.

On February 29, 2012, the USCIS issued a Request for Evidence (RFE) for our client. The CIS requested more documents that will demonstrate the bona fide nature of our client’s marital relationship with his wife.  In response to that, our office filed a Response to RFE on April 24, 2012.  We submitted several notarized affidavits from Petitioner’s ex-husband, family, mutual friends and neighbors. Eventually, on June 28, 2012, the I-130 Petition and I-485 Green Card Application were approved. Our client is now a green card holder.

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 anytime for free consultations.

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

Our client came to the United States in June 2009 with an F-1 Student visa from Sweden.  He married a U.S. Citizen in March 2012 and retained our office on March 27, 2012 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 11, 2012.  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 at our office. On June 28, 2012, our client was interviewed at the Cleveland, OH USCIS.  On the same day, his 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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CASE:  I-130
CLIENT: Mexican
LOCATION: Cleveland, OH

Our client is from Mexico who came to the U.S. without inspection and admission in 1988 with her parents. Since that time, she never left the United States.

In November 1991, our client’s father filed an I-130 (F2A) petition for her mother.  This I-130 petition was approved in March 1992.  At the time the I-130 Petition was approved, our client was a minor and was a derivative beneficiary. However, our client’s parents divorced in 2007.  Furthermore, our client was placed in removal proceeding in December 2009.

Around November 2010, our client contacted our office to represent her at removal proceedings. After we reviewed her previous immigration documents, we determined that she might be eligible to adjust her status under INA 245(i) and the Child Status Protection Act (CSPA).  She retained our office on December 1, 2010 and our attorney represented her at her master calendar hearing.  Cancellation of Removal relief was requested and we preserved possible adjustment of status relief through INA 245(i) and CSPA.

Section 245(i) of the INA allows certain foreign nationals to become permanent residents of the United States despite entering without inspection (EWI) or overstaying (if beneficiary of petitions filed not by an immediate relative). Immigrants are barred from adjusting their status if they entered the United States without first being inspected and admitted by a Customs and Border Patrol officer and if they have either failed to maintain lawful status or been unlawfully employed in the country, with certain exceptions. Section 245(i) was first added to law in 1994 to allow certain people who otherwise would not be eligible to adjust their status to be able to do so upon payment of a $1,000 fine.

Four years later, on January 14, 1998, Congress phased Section 245(i) out of law. Immigrants and their families who had already begun the process of changing their status under Section 245(i) by January 14, 1998 were grandfathered into the section’s benefits. However, this left thousands of otherwise qualified persons who had not begun the process unable to adjust status in the United States. They could not return to their countries to begin the legal process of obtaining their permanent residency in the United States also without being subject to either a three- or a 10-year bar upon returning to the United States.

On December 21, 2000, Congress extended the qualifying date for Section 245(i) benefits to April 30, 2001. This law allowed immigrants who had labor certifications or visa petitions filed on their behalf between 1998 and April 30, 2001, to qualify for adjustment of status. Those who were beneficiaries of petitions filed prior to January 14, 1998 could still adjust despite an EWI record, and those people do not have to meet the December 2000 physical presence requirement.

Section 3 of CSPA, codified in section 203(h) of the INA, provides that “If the age of the alien is determined to be 21 years of age or older… the alien’s petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.”

Our client was the derivative beneficiary of her father’s petition for her mother in November, 1991.  Our client is now older than 21. According to Section 3 of CSPA, a new I-130 petition by our client’s father on behalf of our client should automatically retain the priority date of the original I-130 petition, which was November 1991, in which our client was a derivative beneficiary. If this new I-130 is approved with a November 1991 priority date, our client would be eligible to adjust under 245(i) since the priority date is current and the petition was filed before January 1998.  So it was two petitions that saved her case, one for 245i, and the other for adjustment eligibility, retaining the old priority date under CSPA.

On January 11, 2012, our office filed the I-130 Petition with a cover brief (citing the CSPA provision) and other supporting documents.  Her I-130 was approved by the USCIS California Service Center on June 14, 2012 with the old priority date (November 1991).  Now, we can work on terminating her proceedings for CIS adjustment of status.

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