CASE: Cancellation of Removal for Permanent Residents

CLIENT: Chinese (Green card holder)

LOCATION: Cleveland Immigration Court in Ohio

Our client came to the United States in 1991. He was granted asylum he got his green card in February 1993.  He has been in the US ever since. He has a US Citizen wife, three U.S. Citizen children, and most of his immediate family members are either U.S. Citizens or green card holders. 

Unfortunately he was convicted of felonious assault in 2000. In 2013, he went on an international trip and was stopped by the CBP officer at the port of entry upon his return to the U.S. Because of this conviction, he was inadmissible and was placed in removal proceedings.  In October 2013, our client contacted our office for legal representation. We were retained on October 15, 2013. 

Once retained, we represented our client before Cleveland Immigration Court for his initial master calendar hearing on March 5, 2014. Attorney Sung Hee (Glen) Yu represented him at the hearing and sought cancellation of removal relief for permanent residents.

Under INA Section 240A(a), for a permanent resident to be eligible for Cancellation of Removal, the alien must prove that s/he:

• Has been an LPR (green card holder) for at least five years;
• Has resided in the United States continuously for seven years after having been admitted in any status;
• Has not been convicted of an aggravated felony; and
• Merits a favorable exercise of discretion.

The criteria for favorable exercise of discretion was explained in Matter of C-V-T-, 22 I&N Dec. 7 (BIA 1998). The BIA in C-V-T stated that the factors that the immigration judge must consider when deciding whether to grant cancellation of removal to a lawful permanent resident are as follows:

The positive factors are:

• Family ties in the United States, particularly ties to lawful permanent residents or U.S. citizens;
• Residence of long duration in the U.S. (particularly when the inception of residence occurred at a young age);
• Evidence of hardship to the Respondent and his family if deportation occurs;
• Service in the U.S. armed forces;
• A history of employment;
• Existence of property or business ties;
• Evidence of value and service to the community;
• Proof of genuine rehabilitation if a criminal record exists;
• Other evidence attesting to a Respondent’s good character.

Adverse factors include:

• Nature and underlying circumstances of the grounds of removal;
• The presence of additional significant violations of the Immigration Laws;
• The nature, recency, and seriousness of criminal records; and
• The presence of other evidence has been indicative of a respondent’s bad character or undesirability as a permanent resident of the U.S.

Generally, the immigration judge must weigh the positive factors against the negative factors in exercising her discretion.

After the Master Calendar Hearing, the Court scheduled the individual hearing. However, the case was re-scheduled multiple times and was finally scheduled on October 14, 2021. 

Our firm worked with our client and his friends and family members for the application and supplemental documents. We contacted his family members in other states for supporting documents and letters of support for our client’s case. Some even flew from out of state for the Individual Hearing. 

In preparing our client for the Individual Hearing, Attorney Yu and Ms. Arty Wyneski (our senior paralegal) talked to our client in our office for several hours each time. Obviously the central issue in this case would be whether or not our client’s positive factors outweigh the negative factors. Our firm eventually was able to gather supporting documents and prepared supplemental evidence with multiple exhibits, and arranged them pursuant to the specific elements of Cancellation of Removal eligibility.

At the Individual Hearing on October 14, 2021, Attorney Yu represented our client at the Cleveland Immigration Court in Ohio. Testimony then followed and we questioned our client extensively on the positive factors of his case. Attorney Yu questioned him regarding his length of residence in the U.S., employment history, family issues and hardships to him and his family members (especially his US citizen wife) if he was to be deported to China. Our client was prepared, was very consistent, and was honest in his answers. 

In the end, the Cleveland Immigration Court granted our client’s cancellation of removal relief. It was a tough call and our firm was very happy for our client. He has been here since 1991 but had one bump along the way.  He has reformed and will continue supporting his family.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Irish

LOCATION: Parma, OH

Our client contacted us in July 2021 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Ireland and obtained his green card in August 2018 through his marriage to his US Citizen spouse. 

Upon retention, his N-400 application was filed on August 3, 2021. Prior to his citizenship interview, our office prepared him via conference calls.  On October 1 2021, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, on October 5, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: Asylum in Immigration Court

CLIENT: Chinese

LOCATION: Cleveland Immigration Court

Our Chinese client came to the United States on a F-1 visa in July 2011.  She was persecuted and harmed in China based on her religious belief (Christianity), so within one year of her entry, she filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS with our office’s legal assistance.  She was interviewed at the Asylum Office in Cleveland, OH in April 2013, but her case was referred to an immigration judge. The Notice to Appear was issued and our client was placed in removal proceedings.  

After the case was referred to the Immigration Court, our client retained our office again.

Our client was scared to go back home to China, fearing that she will be persecuted based on her religious belief.  She also had past persecution in China due to her religious activities. We helped her prepare her asylum application and represented her in immigration court hearings. We also asked her to provide more supporting documents corroborating her claim, some of which were a letter from her mother, and colleagues and friends in China. Our firm also did some research on articles related to her claim, and the type of persecution she will experience in China if sent back.

After several years of continuance and re-scheduling, our client’s individual hearing was scheduled on September 23, 2021 at the Cleveland Immigration Court. Attorney Sung Hee (Glen) Yu represented our client at the hearing. During the hearing, our client testified credibly as to her past persecution in China and likelihood of future persecution. After the hearing, the Immigration Judge granted asylum relief for our client. She is now an asylee who will get her work permit soon and will be eligible to apply for permanent residency in one year.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Mexican

LOCATION: Galloway, OH

Our client contacted us in May 2020 to seek legal representation for his naturalization application. He came to the United States from Mexico and he obtained his green card in October 2017 through marriage to a US citizen.

We filed his N-400 on September 4, 2020 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On September 14, 2021, our client appeared at the Columbus, Ohio USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On September 16, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: N-400 

APPLICANT: Filipina

LOCATION: Newton Falls, OH

Our client contacted us in October 2020 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in October 2011.  

We filed her N-400 on November 10, 2020 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On September 2, 2021, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her interview. On September 3, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Nigerian

LOCATION: Austintown, OH

Our client contacted us in February 2021 to seek legal representation for his naturalization application. He came to the United States from Nigeria and obtained his green card in July 2017 through marriage.

His N-400 application was filed on March 9, 2021. Prior to his interview, our office prepared him via conference calls.  On July 22, 2021, our client appeared at the Cleveland, Ohio USCIS office. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, on September 2, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: PERM Labor Certification

EMPLOYER: Cosmetic Products Manufacturer

BENEFICIARY: Korean Cosmetic Product Plant Manager

LOCATION: Cleveland, OH

Our client is currently working as a Cosmetic Product Plant Manager and his current employer as willing to petition him for a second-preference petition (I-140).  Our client has a Bachelor of Science degree and has more than 5 years of experience as a Production Director. After talking to our client, our firm concluded that his employer can petition him as a Cosmetic Product Plant Manager. 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 education and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us on August 24, 2020.

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 the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the foreign degree evaluation report, our office filed the job order on February 11, 2021.  On April 19, 2021, we filed PERM. 

Eventually, on August 31, 2021, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Now our client can file the I-140, I-485 green card application, and I-765 simultaneously.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Middleburg Heights, OH

Our client contacted us in October 2020 to seek legal representation for his naturalization application. He came to the United States from the Philippines and obtained his green card in July 2011.

We filed  his application on October 23, 2020. On August 20, 2021, our client appeared at the Cleveland, Ohio USCIS office for his naturalization interview. Our client answered all questions correctly and passed. On August 27, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status
CLIENT: Canadian
LOCATION: Columbus, Ohio

Our client came to the United States as a visitor from Canada.  She married her U.S. Citizen husband in March 2020 and retained our office on October 7, 2020 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485Adjustment of Status Application on October 27, 2020.  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 via conference calls.  On August 18, 2021, our client was interviewed at the Columbus, Ohio USCIS office.  On August 24, 2021, her green card application was approved.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Ghanaian                                                                                             

LOCATION: Canal Winchester, OH 

Our client is from Ghana who came to the U.S. on a B-2 visitor’s visa in November 2019. Since then, she has remained in the United States. In April 2020, our client married her U.S. citizen husband.  She retained our office on October 6, 2020 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 18, 2020.  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 via conference calls. On August 16, 2021, our client was interviewed at the Columbus, OH USCIS office. On August 20, 2021, her green card application was approved.

{ 0 comments }