Case: I-130/I-485

Potential Issue: Response to Notice of Intent to Deny

Client: Kenyan

Location: Dallas, Texas

Our client entered the United States in May 2001 from Kenya with an F-1 student visa.  Later, she married her U.S. citizen husband in July 2007. She retained our office on June 29, 2012 for her adjustment of status application.

Our office prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 9, 2012.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, Attorney Sung Hee (Glen) Yu from our office thoroughly prepared our client via conference calls for their USCIS adjustment of status interview.

On September 21, 2012, Attorney Yu accompanied our client and her husband at the Dallas USCIS office for her adjustment interview. The interview was extensive, and at the end of the interview, the USCIS officer scheduled another interview for them. The officer was suspicious regarding the bona fideness of our client’s marriage.

On October 24, 2012, Attorney Yu accompanied our client and her husband again at the Dallas USCIS office her second interview. The interview took two hours and the officer thoroughly asked our client and her husband about the bona fide nature of the marriage and some martial issues that the officer had suspicions on.

On January 10, 2013, the USCIS issued a Notice of Intent to Deny (NOID).  The NOID claimed that there was substantial and probative evidence that the marital union between the Petitioner and Beneficiary is not bona fide.  Moreover, the NOID points out that the submitted documentation of Petitioner and Beneficiary does not establish a continual significant combining of financial responsibility for their marriage. Lastly, the NOID claimed there were several discrepancies in their testimonies during the interviews.

In response to the USCIS’s NOID, our office helped our clients draft an extensive affidavit. Multiple supporting documents  and a four-page affidavit from our client were all included as well as letters from their friends and neighbors, joint bank statements, joint insurance, utility bills, and several pictures of our client and his wife in several occasions with different people.  Several legal authorities were cited based on particular issues discussed, and on February 6, 2013, we filed the Response to NOID prior to the 30-day deadline.

However, for more than a year, our client and our office never received any kind of response or a decision from the USCIS Dallas Field Office. Our client had appeared for multiple Infopass appointments at the Dallas USCIS office and our office and our client had made several USCIS customer service center inquiries since it was out of processing time.

Our office also filed a written follow-up request directly to the USCIS Dallas Field Office in May 2014.

Finally, on July 2, 2014, 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: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY:Kenyan

LOCATION: Houston, Texas

Our client is from Kenya who came to the U.S. on a J-1 Visa in August 2001.  After she finished her J-1 program, she remained in the United States.

In July 2010, our client married her current U.S. citizen husband. However, she could adjust her status unless she got a waiver of the 2-year foreign residency program.

Our firm was retained an on January 21, 2014, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Kenyan Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on her marriage to a U.S. citizen spouse.

Eventually, the Kenyan Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On April 21, 2014, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On May 14, 2014, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. Now, our client can file an I-485 adjustment of status application along with her husband’s I-130 petition.

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CASE: H1B Extension

PETITIONER: Pump Manufacturing Company

BENEFICIARY: Kenyan Sales Manager

LOCATION: West Virginia

Our client is a Sales Manager from Kenya who currently works at a hydraulic pumps and motors manufacturing company in West Virginia on a valid H-1B visa. His H-1B status was about to expire in September 2013.  Our client sought legal assistance from us for his H-1B 3-year extension and retained our office on September 18, 2013.

Once we were retained, our office prepared her H-1B extension application.  The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on September 26, 2013 to the USCIS Vermont Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on February 4, 2014. The H-1B is good from October 1, 2013 to September 30, 2016.

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CASE: I-485 (Based on EB-2 I-140 Approval)

CLIENT: Kenyan Nurse Practitioner

LOCATION: Akron, Ohio

Our client is a certified nurse practitioner, who is currently working at a nursing care company in Akron, Ohio under an OPT. Her 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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Nurse Practitioner is included in Schedule A.

Our client has both a Bachelors and Masters degree in nursing. Our office was retained in May 21, 2013 and we started the Prevailing Wage Determination filing and other related matters.

We filed the I-140 application on September 17, 2013 via premium processing. We included the job offer letter, the notice of filing, her pay stubs, 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 September 30, 2013, without any Requests for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

When we filed her I-140 petition, the priority date for Kenyan nationals was current for the EB-2 category, thus we also filed her I-485 adjustment of status application concurrently. Eventually, on November 29, 2013, her adjustment of status application was approved by the USCIS. Also, her husband, who applied as a derivative, got his green card at the same time.

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

CLIENT: Kenyan

LOCATION: Cleveland, Ohio (EOIR) / Columbus, Ohio (USCIS)

Our client is a Kenyan citizen who came to the U.S. on an F-1 Student Visa in December 2007 to study at a college in Ohio. In January 2010, she married her U.S. citizen husband, and her husband filed an I-130 petition for her. However, the I-130 petition was denied and our client was placed in removal proceedings due to her failure to maintain F-1 status. After her I-130 was denied, her husband filed a second I-130 petition for her in March 2012.

After she was placed in removal proceedings, she contacted our office and sought legal assistance. She retained our office on June 7, 2012.

Our office prepared and submitted a copy of the I-130 Petition with more bona fide marriage evidence of her marriage to the Cleveland Immigration Court. We wanted to show the Court that despite this second filing, that an approval was feasible, and so we wanted to demonstrate even prior to the Master Hearing that the marriage was bona fide. This was important so that we can get a continuance. The filing also included a bona fide marriage exception letter which was omitted when our client filed the I-130 petition previously.

So while the second I-130 petition was pending, our client appeared at the Cleveland Immigration Court on August 7, 2013 for her initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented her at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition. He asked for a continuance and on the basis of the bona fide evidence submitted to the court, argued that this was, despite it being a second I-130, good cause. The continuance was granted.

Our client’s I-130 interview was scheduled on October 9, 2012 at the Columbus USCIS Field Office.  Prior to the interview, our office thoroughly prepared our client and her husband for the interview. Attorney Yu also accompanied them at their interview. The interview lasted more than two hours, our clients were separated, but the I-130 petition was eventually approved on November 14, 2012.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its 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 on January 9, 2013.

Once her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on June 28, 2013, 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 through conference calls.

On September 3, 2013, our client was interviewed at the Columbus, OH USCIS office. The interview went, and on October 11, 2013, our client’s green card application was finally approved.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Nursing Care Company

BENEFICIARY: Kenyan

LOCATION: Akron, Ohio

Our client is a certified nurse practitioner, who is currently working at a nursing care company in Akron, Ohio under the OPT program. Her 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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Nurse Practitioner is included in Schedule A.

Our client has both a Bachelors and Masters degree in nursing. Our office was retained on May 21, 2013 and we started on the Prevailing Wage Determination filing and other related matters.

We filed the I-140 application on September 17, 2013 via premium processing. We included the job offer letter, the notice of filing, her pay stubs, 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 September 30, 2013, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

When we filed her I-140 petition, the priority date for Kenyan nationals was current for the  EB-2 category, thus we also filed her I-485 adjustment of status application concurrently with the I-140 petition. Since the I-140 petition is approved, her I-485 adjustment of status application will likely be approved soon.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Kenyan
LOCATION: Chicago, IL (EOIR) / Durham, NC (USCIS)

Our client is from Kenya who came to the U.S. on an F-1 Student Visa in August 2007. While in the United States, she failed to maintain her F-1 status due to family’s issues in Kenya. Because of her overstay, she was placed in removal proceedings in Chicago, IL.

Our client married her Lawful Permanent Resident (LPR) husband in September 2010 in Wisconsin. Soon after, they moved to the Raleigh, NC area.

Her husband filed an I-130 petition for her after they got married. Eventually, our client’s I-130 petition was approved in February 2012 after their I-130 interview at the USCIS Durham Field Office.  Glen Yu from our office accompanied them at the interview.

Her individual hearing was scheduled on August 13, 2013 at the Chicago Immigration Court as well.

In June 2013, our office filed a written request to administratively close our client’s removal proceedings to the DHS Chicago Office.  In a written brief, our office fully explained that our client’s case is not DHS’s priority for deportation and explained that our client has an I-130 approval, no criminal records, has paid taxes, and has family ties in the United States. Our office attached an I-485 application along with the brief, and its supporting documents as well.

After review, the DHS counsel in Chicago contacted our office and was willing to terminate our client’s removal proceedings. The DHS counsel filed a Joint Motion to Terminate on August 2, 2013 to the Chicago Immigration Court. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on August 12, 2013, a day before the Individual Hearing Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card when her husband naturalizes early next year.

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CASE: Adjustment of Status (I-485) / I-360 Approval
CLIENT: Kenyan
LOCATION: Ohio

Our Kenyan client came to the U.S. on a J-1 Visa in 2004. She overstayed and was placed in removal proceedings two years ago, and she retained our office.

When she came in 2004, her visa made her subject to the 2-year foreign residency requirement. As our previous success story explained, this client received an I-612 J-1 waiver approval from the USCIS in January 2012 with our assistance.

Our office then filed her I-360 petition as a spouse of an abusive U.S. Citizen. Our client experienced domestic violence and spousal abuse while she was married to her ex-husband. Thus, we prepared and filed her I-360 petition, which included 26 exhibits and a detailed brief to the USCIS Vermont Service Center on May 5, 2011.

This petition was also reviewed by the Immigration Judge during our client’s Master Calendar hearing and the IJ opined that our client’s I-360 petition is prima facie approvable. Nevertheless, our client’s I-360 petition was pending for a while.

Despite our client’s thoroughly prepared I-360 application, in August 2012, the USCIS Vermont Service Center issued a Request for Evidence (RFE). Specifically, the RFE letter requested our client to submit more medical documents to prove her ex-husband subjected her to extreme cruelty. Moreover, the RFE letter asked our client to submit more notarized affidavits from witnesses. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on November 7, 2012 with 13 exhibits.

Finally, on February 22, 2013, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360 and I-612 J-1 waiver, our office filed a Request to Join in a Motion to Terminate proceedings to the USICE-DHS Cleveland Office with an attached I-485 application and its supporting documents on April 2, 2013.

On April 6, 2013, the assistant chief counsel of the DHS agreed with us and signed a joint motion to terminate.

On April 9, 2013, our client appeared at the Cleveland Immigration Court for her master calendar hearing.  The Immigration Judge granted the Joint Motion to Terminate and eventually terminated our client’s case without prejudice on the same day.

After removal proceedings were terminated, the USCIS scheduled an I-485 adjustment of status interview for our client. Prior to the interview, we thoroughly prepared our client at our office as well.  On July 12, 2013, our client was interviewed at the Cleveland USCIS office. Attorney Sune Hee Yu from our office accompanied her.

On July 18, 2013, her green card application was approved.

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CASE: I-751

APPLICANT: Kenyan

LOCATION: Atlanta, Georgia

Our client contacted our office in early April of this year regarding her I-751 interview. She is from Kenya and married a U.S. citizen in June 2008. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in November of 2009.

Prior to the expiration of her conditional residency in November 2011, she and her husband jointly filed an I-751 application to remove the condition on her residency. Without the assistance of legal counsel, they filed an I-751 application to the USCIS in October 2011.  They filed the application with some supporting documents, but the USCIS issued a Request for Evidence (RFE) sometime in 2012, and they submitted more supporting documentary evidence to the USCIS. She and her husband have maintained their marital relationship for the last 5 years without any issues. Nevertheless, the USCIS Atlanta Field Office issued an interview for our client’s I-751 application.

She was nervous and did not know what would happen at her I-751 interview.  She contacted our office in early April of this year, and retained our office to prepare and accompany them for their I-751 interview in Atlanta, Georgia.

After our office was retained, we thoroughly prepared our clients through conference calls.  We explained to them the nature of the interview, what to expect at the interview, and we also asked them to remember specific details of their marriage especially after November 2009.

On April 25, 2013, our client was interviewed at the Atlanta, GA USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied them at this interview. The interview went well and our clients were fully prepared.  On May 8, 2013, the USCIS approved our client’s I-751 application. Now, she has her ten-year green card.

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For other I-751 success stories, please click here.

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CASE: Termination of Proceedings based on I-360 Approval

CLIENT: Kenyan

LOCATION: Ohio

Our Kenyan client came to the U.S. on a J-1 Visa in 2004. She overstayed and was placed in removal proceedings two years ago, and she retained our office for legal representation.

When she came in 2004, her visa made her subject to the 2-year foreign residency requirement. As our previous success story explained, this client received an I-612 J-1 waiver approval from the USCIS in January 2012 with our assistance.

Our office then filed her I-360 VAWA petition as a spouse of an abusive U.S. Citizen. Our client experienced domestic violence and spousal abuse while she was married to her ex-husband. Thus, we filed and prepared her I-360 petition, which included 26 exhibits and a detailed brief to the USCIS Vermont Service Center on May 5, 2011. This petition was also reviewed by the Immigration Judge during our client’s Master Calendar hearing and the IJ opined that our client’s I-360 petition was prima facie approvable.

Despite our client’s thoroughly prepared I-360 application, in August 2012, the USCIS Vermont Service Center issued a Request for Evidence (RFE). Specifically, the RFE letter requested our client to submit more medical documents to prove her ex-husband subjected her to extreme cruelty. Moreover, the RFE letter asked our client to submit more notarized affidavits of witnesses. Our client and our office gathered the requested documents, and filed a response to RFE on November 7, 2012 with 13 exhibits.

Finally, on February 22, 2013, the USCIS Vermont Service Center approved our client’s I-360 petition.

With the approved I-360 and I-612 J-1 waiver, our office filed a Request to Join in a Motion to Terminate proceedings to the USICE-DHS Cleveland Office with an attached I-485 application and its supporting documents on April 2, 2013.

On April 6, 2013, the assistant chief counsel of the DHS agreed with us and signed on a joint motion to terminate. On April 9, 2013, our client appeared at the Cleveland Immigration Court for her master calendar hearing.  The Immigration Judge granted the Joint 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 to USCIS to obtain her 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. 

For other termination success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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