CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Maryland

Our client contacted us in October 2013 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in June 2010 through the marriage to her U.S. Citizen husband. She retained our office on October 13, 2013.

The N-400 application was filed on January 23, 2014 with all supporting documents. Prior to her citizenship interview, our office prepared her over the phone. On August 5, 2014, our client appeared at the Baltimore, MD USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on August 14, 2014. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Cleveland, OH

Our client came to the United States in September 2001 with an A-2 visa (The 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) from Ghana. Since then, she has maintained her A-2 status, finished her school, and she is currently working as a nurse in the United States.

She married a U.S. Citizen in July 2013 and retained our office on October 25, 2013 for her adjustment of status application. They were not living together but based on our conversation, the marriage was bona fide. The US Citizen lived in Ohio, the beneficiary lived in Maryland.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 8, 2013.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. We also requested that the interview be held in Cleveland Ohio.

Prior to the interview, we thoroughly prepared our clients through conference calls. On June 9, 2014, our client was interviewed at the Cleveland, Ohio USCIS.  Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. On June 23, 2014, her green card application was approved.

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CASE: Marriage-Based Green Card

CLIENT: Cameroonian

LOCATION: Cleveland, OH

Our client came to the United States from Cameroon and he is currently pursuing his degree in Cleveland, Ohio on an F-1 student visa. He married his current wife, who is a green card holder, in September 2012.  After marriage, his wife filed an I-130 petition on behalf of our client in November 2012. Due to family and school issues, his wife had to move to Maryland with her mother. The beneficiary had to stay in Cleveland to maintain his F-1 status. This I-130 petition was approved in October 2013.

Our client retained our office on October 16, 2013 for his I-485 adjustment of status application. We could file the I-485 application because the priority date for F2A category was current at the time of filing. They were living separately at that time, but based on their bona fide evidence, we thought we can still prove an ongoing relationship. Our office prepared and filed an I-485 adjustment of status application, but we also included an affidavit from both of them to explain why they had to live separately (work, school, family etc.). We filed the application together with all necessary supporting documents on November 20, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Despite them living apart, due to the bona fide evidence submitted as well as the affidavit, there were no Requests for Evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On January 28, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Our attorney accompanied them at their interview as well. The interview went well, and the priority date for our client was current at the time of the interview. Despite potential issues that our clients were worried about prior to retaining our firm, the green card application was approved on the same day.

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CASE: I-130 (Petition for Mother) and Adjustment of Status
CLIENT: Nepalese
LOCATION: Maryland

Our client retained us to petition her mother who came to the U.S. from Nepal as a visitor in 1998. Our client was born and raised in Nepal, but was naturalized in the United States in 2012. She contacted our office in October of 2012 and discussed the possibilities of petitioning her mother. After consultation, she retained our office on October 22, 2012.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 3, 2012 for her mother. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Eventually, on September 13, 2013, our client’s mother’s adjustment of status application was approved. Now, she is a green card holder.

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CASE: Adjustment of Status through EOIR / 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, 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.

Upon approval of the I-130 petition, our client’s removal proceeding was commenced again in the Baltimore Immigration Court. On March 20, 2013, our client was appeared at his Master Calendar hearing at the Baltimore Immigration Court. He was represented by Mr. Sung Hee (Glen) Yu from our office and our attorney explained the procedural history of our client’s case to the immigration judge and sought for adjustment of status relief. The individual hearing was scheduled for September 19, 2013.

Prior to the individual hearing, our office prepared our client for his upcoming hearing over conference call. On September 19, 2013, our client and Mr. Yu appeared at the Baltimore Immigration Court for our client’s individual hearing. Eventually, the Immigration Judge granted our client’s adjustment of status relief. Now, he is a green card holder.

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CASE: H-1B Visa Petition
PETITIONER:  Accounting Firm in Baltimore, Maryland
BENEFICIARY: Tax Accountant from Ghana

Our client is an accounting firm in Baltimore, MD.  They contacted our office in early-February to seek legal assistance from our office for their foreign employee.  The beneficiary obtained his Bachelor’s Degree in management science and accounting in 2012 in the United States.

The proffered position for the Beneficiary is tax accountant which qualifies as a specialty occupation.  We argued that this position is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in accounting or its equivalent.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. Eventually, our client’s H-1B application was approved on June 12, 2013.  On October 1, 2013, he can work for his employer for the next three years on his H-1B status.

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CASE: H-1B Visa Petition
PETITIONER:  Accounting Firm in Baltimore, Maryland
BENEFICIARY: Staff Auditor from Trinidad and Tobago

Our client is an accounting firm in Baltimore, MD.  They contacted our office in early-February to seek legal assistance from our office for their foreign employee.  The beneficiary obtained his Bachelor’s Degree in accounting and completed his MBA program in the United States. The proffered position for the Beneficiary is staff auditor which qualifies as a specialty occupation.  We argued that this position a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in accounting or its equivalent.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing.

Eventually, our client’s H-1B application was approved on June 14, 2013.

On October 1, 2013, he can work for his employer for the next three years on H-1B status.

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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: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Nepalese
LOCATION: Maryland
FILED: August 24, 2012
APPROVED: October 15, 2012

Our Nepalese client came to the U.S. on a J-1 Visa in August 2006. She came to the U.S. for hospitality training, and her J-1 visa made her subject to the two-year foreign resident requirement.

Upon the completion of her program in 2007, she went back to Nepal and came back to the United States with a Q-1 visa. She did not fully fulfill her 2 year foreign residency requirement in Nepal.

In May 2009, our client married his U.S. Citizen husband and she wanted to apply for permanent residency. Her husband filed an I-130 petition, and this was approved by the USCIS in February 2011. However, due to the two-year foreign residency requirement, she had to obtain a waiver first before she file the adjustment of status application. Either that or she has to go back to Nepal and finish her two-year requirement..

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Nepalese Embassy in the United States. Our office contacted the Nepalese Embassy in Washington D.C. to make sure we had all the requirements needed for their office to issue a no objection statement. The Embassy requested numerous documents including a statement of reason for the waiver, the applicant’s resume, a copy of her valid Indonesian passport, the approved copy of I-130 notice, a copy of DS-2019, and a copy of Third Party Bar Code Page

On August 24, 2012 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State. We also sent a request to the Nepalese 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 Nepalese Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. On September 24, 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 October 15, 2012. Now that our client’s two-year foreign residency requirement is waived, she can file her green card / adjustment of status application with the approved I-130 petition.

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