CASE: Emergency Advance Parole Document (I-131)
CLIENT: Korean
LOCATION: Cleveland, OH

Our client came to the United States in 2010, and through our firm, got his I-140 National Interest Waiver self-petition and his waiver of the J-1 two-year foreign residency requirement. We then filed I-485 adjustment of status applications for him and his family with the approved I-140 petition in January 25, 2012.  The application included I-131 advance paroled applications. His adjustment of status application is still pending at the USCIS Nebraska Service Center.

On March 2, 2012, our client contacted our office in urgency.  He informed us that his mother’s medical condition is critical, so he needs to go back to Korea to take care of her as soon as possible.  However, his I-131 was still pending at that time, and his biometrics and fingerprinting appointment was not issued yet. He wanted us to expedite the advance parole (travel) document so that he could visit his ailing mother.

According to USCIS policy, if the applicant is experiencing an extremely urgent situation, an emergency advance parole document may be requested at the local USCIS office.  The emergency situation must fall under the following categories:

• Severe financial need to the company or individual
• Extreme emergency situation
• Humanitarian situation
• Non-profit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
• USCIS error
• Compelling interest of USCIS

We obtained a letter from his mother’s doctor from Korea, explaining the emergency medical situation, and our office prepared a brief for submission to the USCIS Cleveland Field Office.  On March 5, 2012, Attorney Sung Hee Yu and our client appeared at Cleveland CIS office for an Infopass appointment to apply for the emergency advance parole.  The CIS Officer allowed our client to take biometrics on the same day, and reviewed our emergency advance parole application.  On March 6, 2012, only one day after the emergency application, the CIS Cleveland Field Office recommended approval for our client’s application and requested expedited service to Nebraska Service Center.  On March 7, 2012, the USCIS Nebraska Service Center approved our client’s I-131 advance parole document. Our client now is free to visit his mother in South Korea and come back to the United States with no issues during the pendency of his adjustment of status application.

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 success stories, please click here.

Feel free to contact our office anytime for free consultations.

{ 4 comments }

CASE: Motion to Stay / Motion to Reopen / Jail Release
CLIENT: Indonesian
LOCATION: Cleveland, OH

Our client came to the United States with a valid B-2 visa from Indonesia in March 2003. He later filed for asylum but was denied by the Immigration Judge in May 2010.  Our client subsequently filed a timely appeal with the Board of Immigration Appeals (BIA), but the BIA also dismissed appeal on October 21, 2011.

In December 2011, our client married his U.S. Citizen wife and through our office, filed an I-130 petition on January 3, 2012.  Once we obtained the I-130 receipt notice, we filed a Motion to Reopen on January 10, 2012, within the 90-day deadline for filing Motions to Reopen with the BIA.

On January 12, 2012 our client was picked up and detained by the Immigration and Customs Enforcement. We visited our client and jail and soon filed a Motion to Stay with the BIA. A stay if approved would prevent deportation pending a pending appeal or motion. Our office argued that the Board should issue a stay of removal pending a decision on the Motion to Reopen.  The Motion to Stay was filed with evidence of a bona fide marriage, however, on January 27, 2012, the BIA denied our request for stay. We immediately called ICE and they already set a deportation date of February 2, 2012. Since there was no limit to the Motions to Stay that one can file, we prepared another Motion to Stay on January 27, 2012, spending the whole day with our client’s wife in putting in more evidence of their bona fide marriage including a broad power of attorney entrusting his wife with the management of his financial, personal, and real property interests, a joint bank account, and numerous letters and photographs from family and friends affirming the bona fide nature of their marriage.  Our office argued that these types of documents submitted with our Motion clearly demonstrate that their marriage was entered into in good faith as the BIA set forth in Matter of Velarde, 23 I&N Dec. 253 (BIA 2002). On January 31, 2012, two days before the deportation date, our Motion to Stay was approved, which meant that our client would not be deported on February 2.

Eventually, the BIA granted our client’s Motion to Reopen on February 8, 2012, and remanded it to the Immigration Judge to allow our client to apply for adjustment of status (green card). Upon approval of the Motion to Reopen, we promptly contacted ICE and requested release.  On February 10, 2012, our client finally released from the detention facility. Now he simply has to wait for his I-130 interview and once that is approved, he can apply for adjustment of status.

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 Motion to Reopen success stories, please click here.

For other jail release success stories, please click here.

For other success stories, please click here.

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

{ 0 comments }

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

Our client came to the United States in January 2004 with an F-1 student visa from Gambia.  She married a U.S. Citizen in July 2011 and retained our office on August 31, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 8, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On December 5, 2011, our client was interviewed at the Cleveland, Ohio USCIS.  We accompanied them at the interview as well. On February 8, 2012, our client’s 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.

For other success stories, please click here.

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

{ 0 comments }

CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Korean
LOCATION: Ohio

Our client is from South Korea who came to the U.S. on a J-1 Visa in August 2008.  He came to the U.S. for a NASA research fellowship, but his J-1 program made him subject to the two-year foreign residence requirement.  He retained our office to seek legal assistance for his I-140 (National Interest Waiver Classification) and I-485 Adjustment of Status applications.  Before we file his I-140/I-485 application simultaneously, he has to get a waiver for his two-year foreign residency requirement.

Once retained, our office promptly prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Los Angeles (Our client’s program sponsor was in Southern California, so the Korean Consulate General in Los Angeles has jurisdiction for our client’s application) to pursue the waiver for our client.  The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On December 7, 2011 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file a National Interest Waiver petition and adjustment of status application.

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On January 10, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and will issue an I-612 approval shortly.  Now, our client can file his adjustment of status application along with his NIW petition.

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 J-1 waiver success stories, please click here.

For other success stories, please click here.

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

{ 0 comments }

CASE: N-400 Citizenship / Naturalization
APPLICANT: South African
LOCATION: Ohio

Our client contacted us in October 2011.  She came to the United States from South Africa with an immigrant visa in 2007 through marriage to her U.S. citizen husband and became a permanent resident.  She retained our office for her naturalization application. The main issue of her naturalization case was the long, over six-month trip that she had within the past three years. According to the INA §316(b) and 8 C.F.R. §316.5.(c)(1)(i), an absence between 6 months and 1 year from the United States raises a rebuttable presumption that continuity of residence has been interrupted. That would be an issue in naturalization cases, where continuity of residence is essential. Applicants with this issue should rebut that presumption.

Our client was out of the United States for almost a year. Our client was in South Africa during that time due to her husband’s enrollment in a Ph.D. program. In our brief, we cited Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007), which held that in cases where an applicant left the country to study abroad after they became a permanent resident, the courts have ruled that such study does not result in abandonment of residency. We asked the CIS to also apply this to respondent, even though it was her husband who studied abroad.

The brief and her N-400 application were filed on October 21, 2011 with all necessary supporting documents. Our office prepared her for her interview, and also accompanied her on January 5, 2012 at the Cleveland CIS office. Our client answered all questions correctly and passed her citizenship interview. Her N-400 was approved on January 19, 2012. Her oath taking is scheduled soon where she will become a U.S. Citizen.

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 naturalization and citizenship success stories, please click here.

For other success stories, please click here.

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

{ 0 comments }

CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Korean
LOCATION: Ohio

Our client is from South Korea who came to the U.S. on a J-1 Visa two years ago.  With Attorney Sung Hee (Glen) Yu’s assistance, this client got his I-140 self-petition (National Interest Waiver Category) in August 2011.  He came to the U.S. to work as a visiting professor.  After he received his approved I-140, but before he filed his I-485 adjustment of status application, he went back to Korea and had a J-1 visa interview.  At the interview, the Consulate officer informed him that he is now subject to the two-year foreign residency requirement since his program code is now subject to the requirement in the new skills list.  Thus, unless he fulfills the requirement in Korea or obtains a waiver, he is not able to adjust his status in the United States..

Before he had a visa interview, to clarify the uncertainty, our office checked with the State Department by filing an advisory opinion request.  According to the Department of State, “if you are not sure whether the two year foreign residence applies to you, you may make a written request for an advisory opinion for the applicability of the residence requirement to your situation.”  Our office promptly filed this advisory opinion request on August 24, 2011 to the Waiver Review Division of the Department of State.

Unfortunately, the decision of the Department of State stated that our client is subject to the two-year foreign residency requirement. After our office received this decision from the Department of State, Attorney Sung Hee (Glen) Yu prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Yu contacted the Korean Consulate General Office in Chicago to pursue the waiver for our client.  The Consulate office requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On October 11, 2011 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust with an approved I-140 if he obtains the waiver.

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On December 2, 2011, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued an I-612 approval notice on January 12, 2012. Now, our client can file his adjustment of status application along with the approved I-140 petition and I-612 J-1 waiver approval.

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 J-1 waiver success stories, please click here.

For other success stories, please click here.

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

{ 2 comments }

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

Our client came to the United States in June 2008 with a B-2 tourist visa from the Philippines. She married a U.S. Citizen in June 2011 and retained our office in late August for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 20, 2011.  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 at our office.  On December 22, 2011, our client was interviewed at the Cleveland, Ohio USCIS.  Attorney Sung Hee Yu accompanied them at the interview as well.  On the same day, her 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.

For other success stories, please click here.

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

{ 0 comments }

CASE: I-140 (EB-2 Category)
EMPLOYER: Taekwondo (Martial Arts) School
BENEFICIARY: Korean
LOCATION: Akron, Ohio

Our client is a prominent Taekwondo master who is working as a Taekwondo coach. He had a Taekwondo school willing to do a second-preference petition (I-140) for him.  Our client has a Bachelors and Masters degree in a related field and has more than 5 years of coaching experience. Although he had maintained his status as an O-1 visa holder in the United States, his previous green card application (Based on the EB-11 category) was denied two years ago.

After talking to our client, our firm decided that his potential employer can petition him as a Taekwondo Head Coach.  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 educational, professional and working background, our office determined that he is clearly eligible for EB-2 classification. Our client eventually retained us for his PERM labor certification in March, 2011.

As we stated in a previous success story, his PERM Labor Certification was approved on October 25, 2011.  After the PERM approval, our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing. One of the main requirements for the I-140 is that the petitioning company must show that it has the ability to pay the proffered wage for the beneficiary’s position. The adjusted gross income was not enough, thus, we attached the tax return schedule that showed the net current assets of the Petitioner, which was over the minimum requirement. We included the job offer letter, employment verification letters from our client’s previous employers, and other necessary supporting documents.  The I-140 Petition was filed on December 5, 2011 via premium processing.  On December 15, 2011, in only ten days, the I-140 EB2 for our Korean client 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 employment-based green card success stories, please click here.

For other success stories, please click here.

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

{ 0 comments }

Case: Request to Join in a Motion to Terminate with DHS and Motion to Terminate with the Cleveland Immigration Court
Nationality: Chinese
Location: Cleveland, OH

Our client came to the United States in January 2002 with a valid B-1 visa.  He has stayed in the United States ever since. He was placed in removal proceedings a few years later. While he was in the United States, his wife, who obtained her green card through asylum, filed an I-130 petition for him. It was approved in June 2010.  At the time of the I-130 filing, our client’s wife was a Lawful Permanent Resident, so the priority date for our client was not current. She became a naturalized U.S. citizen on June 17, 2011.

Before our firm was retained, our client already had a scheduled asylum individual hearing in 2013.  In August 2011, our client consulted with our office and sought legal assistance. We advised him that we would try to terminate his removal proceedings with the DHS’ cooperation.  Our office filed a request to join in a Motion to terminate proceedings with a copy of the I-485 application and supporting documents on November 8, 2011.  The DHS counsel in Cleveland agreed to terminate our client’s removal proceedings.  The Immigration Judge then granted the Motion to terminate without prejudice on December 7, 2011.

Now that removal proceedings are terminated, he can file an I-485 adjustment of status (green card) application with the USCIS. His case will be at the USCIS Cleveland Office for final adjudication.

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 more termination success stories, please click here.

For other success stories, please click here.

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

{ 0 comments }

CASE: Adjustment of Status Based on Approved K-1 Visa
CLIENT: Korean
LOCATION: Dayton, OH

Our client came to the United States in June 2011 as a K-1 visa entrant from Korea.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.

Our client contacted our office initially in the middle of August and consulted with us for her adjustment of status application. She retained our office on August 23, 2011.  Our firm quickly prepared and filed the I-485 Adjustment of Status Application on August 29, 2011 one week before her K-1 authorized stay period expired.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  Her work authorization card was issued on November 9, 2011.

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client.  On December 5, 2011, her 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.

For other success stories, please click here.

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

{ 0 comments }