CASE: I-751

APPLICANT: Korean

LOCATION: Dayton, OH

Our client contacted our office in early April this year regarding her I-751 application.

She is from South Korea and married a U.S. citizen in February 2014. Through her marriage she obtained a 2-year conditional green card in July of 2014.  Her conditional residency terminated in July 2016.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office again on April 25, 2016 and our office prepared an I-751 application for our client with other supplemental exhibits.

On April 25, 2016, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on November 10, 2016, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Chinese

LOCATION: Cleveland, OH

Our client came to the United States from China in March 2001 without inspection and admission. She made an illegal entry and was inadmissible. She applied for Asylum and Withholding of Removal, and she was granted Withholding of Removal. She married her U.S. citizen husband in 2006 and had U.S. citizen children together. Through our office, she applied for a Motion to Reopen and the Cleveland Immigration Court granted our Motion and reopened our client’s case in 2015. After reopening, with our office’s assistance, her removal proceeding was administratively closed in November 2015 to file a provisional waiver application.

Her U.S. Citizen husband filed an I-130 petition for our client and this I-130 petition was approved in 2009.

However, our client cannot file her adjustment of status application due to her ground of inadmissibility. She needs a waiver of inadmissibility to become a green card holder. Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

The USCIS announced of new policy called provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States. Thus, our client would like to apply so called I-601A provisional waiver.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen husband suffers from great degree of psychological hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of her husband.  We argued that if she was removed from the United States, extreme hardship to her husband is clearly foreseeable and evident.  Her husband has ongoing psychological hardship and he would not be able to take care of his own needs and the bulk of their family chores, most importantly taking care of their infant children. Also, it would be extremely difficult for him to get the same level of therapy and satisfactory access to medical services in China in case he joins our client there. 

In our brief, we also argued that our client and her husband have maintained strong family ties in the United States, that her husband will have difficulty in finding the same level of employment in China, that our client has a good employment in the United States, and that her U.S. citizen children and her husband will face extreme financial and emotional difficulties if she is removed.

On May 20, 2016, our client submitted our I-601A waiver application which included the brief in support, her husband’s extensive psychological examination records, and other documents that demonstrated hardship to her husband if she is removed from the United States.

Eventually, her I-601A waiver was approved on November 16, 2016. Now, she can file packet 3 and 4 here in the United States, and goes to China for her immigrant visa interview.

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Indian

LOCATION: Ohio

Our client contacted our office in early September of 2014 regarding her potential I-751 filing. She came to the United States from India and she married a U.S. Citizen (her ex-husband) in July 2013.

Through her marriage, she was able to obtain a 2-year conditional green card in March of 2014. Thus, her conditional residency terminated in March 2016.

Unfortunately, their marriage ended in October 2014. Our client experienced a lot of difficulties during her marriage with her ex-husband. Thus, our client could not file the I-751 application jointly with her ex-husband.

Once retained, we requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition. We focused on the supporting documents that she can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.

On October 15, 2014, our office filed the I-751 application with various supporting documents (over 26 exhibits and an affidavit over 7 pages) to demonstrate our client’s bona fide marriage with her ex-husband.  

In October 2016, the USCIS scheduled an I-751 interview for our client.

Prior to the interview, our office thoroughly prepared our client at our office and informed them of potential issues at the interview.

On October 13, 2016, our client was interviewed for her I-751 application at the USCIS Cleveland, OH Field Office.  Attorney JP Sarmiento from our office accompanied our client.  The interview was very extensive.  Nevertheless, the USCIS approved our client’s I-751 application on November 9, 2016. Now, she has her ten-year green card.

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CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Honduran

LOCATION: Cleveland, OH

Our client came to the United States from Honduras in 2011 without inspection and admission. He married his U.S. citizen wife in June 2013. With our firm’s legal assistance, his U.S. Citizen wife filed an I-130 petition for him in October 2013. This I-130 petition was approved in April 2014.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility (entry without inspection and admission). He needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  His wife has ongoing medical hardships and she would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their child. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Honduras in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Honduras, and that his U.S. citizen child and his wife will face extreme emotional difficulties if he is removed.

On January 27, 2016, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States. Eventually, his I-601A waiver was approved on October 25, 2016. Now, he can file packet 3 and 4 here in the United States, and would go to Honduras shortly to get his immigrant visa.

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CASE: EB-2 I-140 Petition    
EMPLOYER: Korean Church
BENEFICIARY: Korean Education Pastor
LOCATION: Cleveland, OH

Our client is a Korean church in Cleveland, Ohio who was willing to petition someone for an Education Pastor position for a second-preference petition (I-140).  Our client’s prospective employee has a master’s degree in Divinity. After talking to our client, our firm concluded that this employer can petition him as an Education Pastor.  Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s prospective employee’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in October 2015.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On October 6, 2015, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on January 12, 2016.  On April 8, 2016, we promptly filed PERM.  Eventually, on July 19, 2016, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s audited balance sheet (since the church is tax-exemption entity), and other necessary supporting documents. The I-140 Petition was filed on October 17, 2016 via premium processing service. Eventually, on October 25, 2016, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE). Our client can file his I-485 adjustment of status application at any time.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: Cincinnati, OH

Our client is from India who came to the U.S. on a J-1 Exchange Visitor’s Visa in May 2007. After his J-1 status expired, he remained in the United States. His J-1 program was not subject to the INA 212(e) two year foreign residency requirement. In February 2016, our client married his current U.S. citizen wife.  He retained our office on May 25, 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 5, 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 at our office as well. On October 24, 2016, our client was interviewed at Cincinnati Ohio USCIS office. Eventually, on October 25, 2016, his green card application was approved.

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CASE: PERM Labor Certification    
EMPLOYER: Beauty Supply Distributing / Retail Company in Cleveland, OH
BENEFICIARY: Korean Product Safety / Quality Assurance Director

Our client is from South Korea, who is currently working in the U.S. on his H-1B status. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor of Chemical Engineering Degree and has worked for the current employer as a Product Safety / Quality Assurance Director. After talking to our client, our firm concluded that his employer can petition him as a Product Safety / Quality Assurance Director. Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-3 classification.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 5, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 5, 2016.  On August 1, 2016, we promptly filed PERM.  Eventually, on October 24, 2016, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary. Now our client can file the I-140 petition.

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CASE:  Immigrant Visa / I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Mexican

LOCATION: Ohio

Our client came to the United States from Mexico in 1999 without inspection and admission. He married his U.S. citizen wife in 2003. With our firm’s legal assistance, his U.S. Citizen wife filed an I-130 petition for him in 2013. This I-130 petition was approved on January 17, 2014.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility (entry without inspection and admission). He needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  His wife has ongoing medical hardships and she would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their child. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Mexico in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Mexico, and that his U.S. citizen child and his wife will face extreme emotional difficulties if he is removed.

On July 13, 2015, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States. Eventually, his I-601A waiver was approved on November 23, 2015.

Once his I-601A waiver was approved, he retained our office again for his immigrant visa processing. Our office prepared and filed his immigrant visa application on July 27, 2016. Later, the U.S. Consulate in Ciudad Juarez, Mexico informed our office that they scheduled an immigrant visa interview for our client. Our client went back to Mexico to appear at her interview on October 13, 2016. On October 13, 2016, our client appeared at his immigrant visa interview at the Consulate, and the Consulate officer approved his immigrant visa on the same day.

Now, our client can come back to the United States with an approved immigrant visa and he will get his green card in a mail within two months of his entry to the United States.  

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: Cleveland, OH

Our client is from India who came to the U.S. on a F-1 Student’s Visa in August 2011.  In May 2016, our client married his current U.S. citizen wife.  He retained our office on May 20, 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on July 5, 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 at our office as well. On October 14, 2016, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on October 17, 2016, his green card application was approved.

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CASE: I-751

APPLICANT: Kenyan

LOCATION: Cleveland, OH

Our client contacted our office in January of this year regarding his I-751 application.

He is from Kenya and obtained his conditional residency based on being the minor son of his mother. In October 2005, while he was in Kenya, his mother married her U.S. citizen husband and got her conditional permanent residency through the marriage. Her U.S. citizen husband filed the I-130 petition for our client and as a result, our client got his immigrant visa in December 2006. Later, his mother got divorced to her U.S. citizen husband, but she removed the condition on her permanent residency. However, she did not file the I-751 petition for our client because she did not know that our client also should apply.

Without the proper guidance of any immigration counsel, our client’s mother filed I-130 petition again for our client and our client filed his green card. Obviously, because of the wrong procedures that they took, our client was placed in removal proceedings. Nevertheless, the Immigration Judge administratively closed his proceedings and advised him to file I-751. she married a U.S. citizen in July 2007. Through her marriage, she obtained a 2-year conditional green card in March of 2008.  Her conditional residency terminated in March 2010.

The USCIS still allows the I-751 applicant to file his or her I-751 application as long as there is a good cause for the late filing. After the administrative closure of his case, our client then retained our office for the I-751 filing. Once retained, our office prepared an I-751 application for our client with his mother’s divorce decree, naturalization certificate, and his letter to explain his late filing.

On February 16, 2016, our office filed an I-751 application to the USCIS with an affidavit of applicant to explain his late filing and other supporting documents.

Eventually, on October 4, 2016, the USCIS approved our client’s I-751 application without any RFE or interview. Now, he has her ten-year green card.

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