CASE: I-751

APPLICANT: Pakistani

LOCATION: Southfield, MI

Our client contacted our office in September of 2020 regarding his I-751 application.

He is from Pakistan and he married a U.S. citizen in September 2017. He obtained a 2-year conditional green card in August 2018. His conditional residency terminated in August 2020. 

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on September 22, 2020. On October 1, 2020, our office filed the I-751 application to the USCIS. He already missed the filing period for his I-751; nevertheless, our office included our client’s statement in support of late filing for his I-751. 

On May 13, 2021, the USCIS issued a Request for Evidence and requested our client to submit more bona fide joint documents. On August 13, 2021, our office filed a Response to RFE to the USCIS. Eventually, on August 3, 2022, the USCIS approved our client’s I-751 application. He received her 10-year green card.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Pakistani

LOCATION: Tallahassee, FL

Our client is a citizen of Pakistan who came to the U.S. on a J-2 Visa in August 2009.  He came with his father who entered on a J-1 Visa as a researcher in the U.S. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

He turned 21 in October 2020.  By getting a waiver, she would have the ability to be petitioned for H-1B status by his prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of requirement or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in October 2020.  

Our firm was retained to do his J-2 waiver, and on April 21, 2022, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on May 27, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 28, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE:  Joint Motion to Reopen / Adjustment of Status at the EOIR
CLIENT: Pakistani
LOCATION: Chicago, IL

Our client is a Pakistan citizen who currently resides Chicago, IL with her US citizen husband.  Our client entered to the United States with a valid L-2 visa in November 2000.  She was granted withholding of removal in July 2006 by the Philadelphia Immigration Court.  She has remained in the United States thereafter. 

In 2018, our client marred her U.S. citizen husband. However, for her to get a green card, her case should first be reopened in the Immigration Court for her to apply for adjustment of status either with the Court, or with the CIS should proceedings be terminated after reopening. 

In February 2018, our client contacted our office and sought legal assistance for her immigration matters.  After thorough consultation, our client retained us on February 21, 2018.  Upon the retention, we first prepared and filed her husband’s I-130 petition for her. We filed the I-130 petition to the USCIS on March 7, 2018, and the USCIS approved the I-130 in October 2018. Once the I-130 petition was approved, we filed a Request to Join in a Motion to Reopen to USICE-DHS office in Philadelphia.  Our cover brief explained how she got her withholding of removal status, approval of I-130, and her prima facie eligibility to apply for adjustment of status. 

The DHS office in Philadelphia finally agreed to join in the Motion to Reopen and an assigned counsel signed on the Motion. In October 2019, the Motion to Reopen was granted by the Philadelphia Immigration Court and our office immediately filed a Change of Venue Motion to move our client’s case from Philadelphia to Chicago.  

Once her case was moved to the Chicago Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents. 

On July 9, 2021, Attorney Sung Hee (Glen) Yu represented our client at her Individual Hearing for adjustment of status at the Chicago Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal proceeding is terminated simultaneously. Now, our client is a green card holder.  

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CASE: Marriage-Based Adjustment of Status

CLIENT: Pakistani

LOCATION: Broadview Heights, OH

Our client came to the United States from Pakistan on a F-1 student visa in early 1990s. In 1994, she was granted asylum; however, she never adjusted her status in the U.S. She married a U.S. Citizen in August 2018 and retained our office on January 20, 2020, for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 7, 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. On September 14, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Her green card application was approved on the same day.

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Persecution

 NATIONALITY:  Pakistani

 LOCATION: Pittsburgh, PA

Our client came to the U.S. on a J-1 Visa in January 2015 from Pakistan.  She came to the U.S. for her undergraduate program, and her J-1 visa made her subject to the two-year foreign residency requirement. Our client would like to be eligible for adjustment of status or other visas in the future.  However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Our client believed she could pursue her J-1 waiver under the persecution category since she will be persecuted based on her culturally forbidden marriage. 

A person can file a J-1 waiver under the persecution basis if the person believes that he or she will be persecuted based on his/her race, religion, or political opinion if he or she returns to his or her home country, he/she may apply for a persecution waiver. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of persecution. 

Our client believed that she would be persecuted if she goes back to Pakistan based on her marriage. After she retained our firm, we prepared and filed a waiver request through the  persecution basis. On June 18, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support for our client’s J-1 waiver application, and other supporting documents to show that she will be persecuted in Pakistan if she goes back. On October 8, 2019, our office filed the I-612 application to the USCIS. 

On January 15, 2020, the USCIS issued a Request for Evidence (RFE) and requested our client to submit more evidence to support her persecution claim. Our office prepared an extensive Response to the RFE and submitted it on March 13, 2020.  Eventually, the Department of State recommended the waiver for our client on May 5, 2020. Subsequently, the USCIS approved her I-612 waiver on July 14, 2020.

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CASE: I-130 and Consular Processing (Immigrant Visa)

 CLIENT: US Citizen Petitioner Son; Pakistani Beneficiary Parents in Pakistan

 LOCATION: Petitioner: Ohio; Beneficiary: Pakistan

 I-130 FILED: March 9, 2018

 I-130 APPROVED: October 18, 2018

 IV APPROVED: January 13, 2020

Our client retained us to bring his parents over from Pakistan. He was born and raised in Pakistan, but was naturalized in the United States.

On March 9, 2018, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On October 18, 2018, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get his parents over to the United States.

On July 3, 2019, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Embassy in Islamabad, Pakistan. An interview notice was set for our client’s parents at the U.S. Embassy in Pakistan, and we prepared them for their interview. On January 13, 2020, the U.S. Embassy in Pakistan approved and issued their immigrant visa.

With the approved immigrant visa, our client’s parents can come to the United States immediately, and they will get their green cards within two months of entry.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Pakistani

LOCATION: North Augusta, South Carolina

Our client contacted us in January 2019 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Pakistan and obtained his green card in November 2006. Our client left for Pakistan on February 2, 2013 and returned on January 31, 2015 on a reentry permit.

A person whose continuous residence has been broken may reapply 4 years and 1 day following the date of her or his return to the U.S. to resume residency. 8 C.F.R. § 316.5(c)(1)(ii). In this case, our client had an absence of a 1 year or more, whish disrupted the continuity of his residence. 8 C.F.R. § 315.5(c)(1)(ii). He left for Pakistan on February 2, 2013 and returned on January 31, 2015 on a reentry permit. However, it has been more than 4 years and 1 day following the date of his return. Therefore, he may reapply.

Once retained, his N-400 application was filed on February 5, 2019 with all supporting documents and a detailed cover brief. Prior to his citizenship interview, our office prepared him via conference calls.  On April 15, 2019, our client appeared at the Charleston, South Carolina USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview.

Eventually, his application was approved on April 16, 2019. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Pakistani                                                                                                        

LOCATION: Cleveland, OH

Our client is from Pakistan who came to the U.S. on a B-2 visitor’s visa in February 2018. In May 2018, our client married his current U.S. citizen wife.  He retained our office on June 5, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 21, 2018. 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. On November 20, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients at their interview as well.  Eventually, on January 23, 2019, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Pakistani                                                                                                   

LOCATION: Houston, TX

Our client is from Pakistan who has worked in the United States under J-1 status. In July 2012, our client is married her current U.S. citizen husband. She could not file her adjustment of status application due to her 2 year foreign residency requirement. With our office’s legal assistance, she obtained her J-1 hardship waiver in June 2017.

Once her J-1 waiver was issued, she retained our office on July 10, 2017 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on July 19, 2017. 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 via conference call. On January 8, 2019, our client was interviewed at Houston Texas USCIS office.  Eventually, on January 24, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Pakistani                                                                                              

LOCATION: Cleveland, OH

Our client from Pakistan came to the U.S. on an F-1 student visa to pursue his master’s degree in the U.S. In December 2017, our client married his U.S. citizen wife.  He retained our office on April 25, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 6, 2018. 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. On August 21, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well.

However, the USCIS issued the request for evidence (RFE) on August 23, 2018 and requested our client to explain the circumstances of his previous F-1 visa denial. We helped our client to draft an affidavit and filed the response to RFE on August 28, 2018. Eventually, on November 8, 2018, his green card application was approved.

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