CASE:  Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Kenyan

LOCATION: Cleveland, Ohio (EOIR) / Columbus, Ohio (USCIS)

Our client is a Kenyan citizen who came to the U.S. on an F-1 Student Visa in December 2007 to study at a college in Ohio. In January 2010, she married her U.S. citizen husband, and her husband filed an I-130 petition for her. However, the I-130 petition was denied and our client was placed in removal proceedings due to her failure to maintain F-1 status. After her I-130 was denied, her husband filed a second I-130 petition for her in March 2012.

After she was placed in removal proceedings, she contacted our office and sought legal assistance. She retained our office on June 7, 2012.

Our office prepared and submitted a copy of the I-130 Petition with more bona fide marriage evidence of her marriage to the Cleveland Immigration Court. We wanted to show the Court that despite this second filing, that an approval was feasible, and so we wanted to demonstrate even prior to the Master Hearing that the marriage was bona fide. This was important so that we can get a continuance. The filing also included a bona fide marriage exception letter which was omitted when our client filed the I-130 petition previously.

So while the second I-130 petition was pending, our client appeared at the Cleveland Immigration Court on August 7, 2013 for her initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented her at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition. He asked for a continuance and on the basis of the bona fide evidence submitted to the court, argued that this was, despite it being a second I-130, good cause. The continuance was granted.

Our client’s I-130 interview was scheduled on October 9, 2012 at the Columbus USCIS Field Office.  Prior to the interview, our office thoroughly prepared our client and her husband for the interview. Attorney Yu also accompanied them at their interview. The interview lasted more than two hours, our clients were separated, but the I-130 petition was eventually approved on November 14, 2012.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on January 9, 2013.

Once her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on June 28, 2013, 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 through conference calls.

On September 3, 2013, our client was interviewed at the Columbus, OH USCIS office. The interview went, and on October 11, 2013, our client’s green card application was finally approved.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Kenyan
LOCATION: Chicago, IL (EOIR) / Durham, NC (USCIS)

Our client is from Kenya who came to the U.S. on an F-1 Student Visa in August 2007. While in the United States, she failed to maintain her F-1 status due to family’s issues in Kenya. Because of her overstay, she was placed in removal proceedings in Chicago, IL.

Our client married her Lawful Permanent Resident (LPR) husband in September 2010 in Wisconsin. Soon after, they moved to the Raleigh, NC area.

Her husband filed an I-130 petition for her after they got married. Eventually, our client’s I-130 petition was approved in February 2012 after their I-130 interview at the USCIS Durham Field Office.  Glen Yu from our office accompanied them at the interview.

Her individual hearing was scheduled on August 13, 2013 at the Chicago Immigration Court as well.

In June 2013, our office filed a written request to administratively close our client’s removal proceedings to the DHS Chicago Office.  In a written brief, our office fully explained that our client’s case is not DHS’s priority for deportation and explained that our client has an I-130 approval, no criminal records, has paid taxes, and has family ties in the United States. Our office attached an I-485 application along with the brief, and its supporting documents as well.

After review, the DHS counsel in Chicago contacted our office and was willing to terminate our client’s removal proceedings. The DHS counsel filed a Joint Motion to Terminate on August 2, 2013 to the Chicago Immigration Court. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on August 12, 2013, a day before the Individual Hearing Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card when her husband naturalizes early next year.

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CASE: I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Chinese
LOCATION: Cincinnati, Ohio (USCIS) / Cleveland, Ohio (EOIR)

Our client is a Chinese citizen who came to the U.S. on a B-2 Visitor’s Visa in December 2005. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings, which was initiated at the Los Angeles Immigration Court in California.

Our client married his second husband in December 2011 in Ohio. She initially contacted our office for a Change of Venue to Cleveland.  She retained our office on January 12, 2012. We then filed a Motion for Change of Venue from Los Angeles to Cleveland on behalf of our client. The Immigration Judge granted the Motion and her case was transferred to the Cleveland Immigration Court.

Our office then prepared and filed an I-130 Petition with a lot of bona fide marriage evidence on January 26, 2012. The petition also included a bona fide marriage exemption letter.

While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on January 25, 2012 for her initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented her 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 October 29, 2012 at the Cincinnati USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his husband for the interview. Attorney Yu also accompanied them at their interview. The interview lasted one hour, our clients were separated, but the I-130 petition was eventually approved on December 8, 2012.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on February 12, 2013.

After her case was terminated, our office prepared and filed the I-485 Adjustment of Status Application on March 13, 2013, 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 at our office.

On June 21, 2013, our client was interviewed at the Cincinnati CIS office. Our attorney accompanied them as well. Our client was fully prepared and the interview went well.  On July 10, 2013, her green card application was approved.

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CASE: Termination of Removal Proceedings Based on Approved I-130 Petition

CLIENT: Russian

LOCATION OF COURT: New York, NY

LOCATION OF CLIENT: Texas

Our client is from Russia who came to the U.S. on a J-1 Exchange Visitor Visa in June 2005. She then changed her status to F-1 in November 2005, but she failed to maintain her F-1 status after that.  She was thereafter placed in removal proceedings in New York, NY. She applied for asylum.

Our client married her U.S. citizen husband in November 2011 in Brooklyn, NY. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in April 2013. She applied for adjustment of status by herself with the CIS, but this was denied due to lack of jurisdiction.

She contacted our office around May 2013 to seek legal assistance. She retained our office in May 28, 2013.

After our office was retained, we prepared and filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents to the New York ICE-DHS office. In less than a month, the DHS counsel in New York agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on July 2, 2013. Now, she can file her I-485 adjustment of status application with the CIS.

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CASE:  I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Filipina

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a B-2 Visitor’s Visa in March 2009. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings in Cleveland, Ohio.

Our client married her U.S. citizen husband in April 2011 in Ohio. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in June 2012. Unfortunately, after being in Court prior to our retention about 4 to 5 times, she could not get her case terminated.

She contacted our office around September 2012 to seek legal assistance. She retained our office in October 1, 2012.

After our office was retained, we prepared and filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents to the Cleveland Immigration Court. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on February 5, 2013.

Once her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on February 25, 2013, 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 at our office.

On May 10, 2013, our client was interviewed at the Cleveland CIS office. Our attorney Sung Hee (Glen) Yu accompanied them as well. Our client was fully prepared and the interview went well.  On May 17, 2013, her green card application was approved.

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For other marriage-based green card success stories, please click here.

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CASE:  I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Liberian

LOCATION: Cleveland, Ohio

Our Liberian client came to the U.S. on a B-2 Visitor’s Visa in October 1996. He remained in the United States after his authorized stay expired. He was a minor at that time.

Because of his overstay, he was placed in removal proceedings in Cleveland, Ohio.

His hearing was coming up when he retained us in January 10, 2011. He just got married to his spouse a few days earlier. We prepared and filed the I-130 petition on his behalf on January 14, 2011.

Attorney Sung Hee (Glen) Yu from our office represented our client at his hearings and sought adjustment of status relief. The I-130 interview was scheduled on August 12, 2011 and our attorney prepared them for the interview and accompanied them as well. The I-130 petition was eventually approved by the USCIS on December 28, 2011.

After the I-130 petition was approved, we filed a Request to Join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to Terminate without prejudice on July 18, 2012.

After removal proceedings were terminated, our office prepared and filed an I-485 Adjustment of Status Application on October 13, 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 the phone.

On April 23, 2013, our client was interviewed at the Cleveland CIS office. Our attorney accompanied them as well. Our client was fully prepared and the interview went well.  On May 2, 2013, his green card application was approved.

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For other marriage based green card success stories, please click here.

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For other success stories, please click here.

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CASE: Termination of Proceedings based on I-360 Approval

CLIENT: Kenyan

LOCATION: Ohio

Our Kenyan client came to the U.S. on a J-1 Visa in 2004. She overstayed and was placed in removal proceedings two years ago, and she retained our office for legal representation.

When she came in 2004, her visa made her subject to the 2-year foreign residency requirement. As our previous success story explained, this client received an I-612 J-1 waiver approval from the USCIS in January 2012 with our assistance.

Our office then filed her I-360 VAWA petition as a spouse of an abusive U.S. Citizen. Our client experienced domestic violence and spousal abuse while she was married to her ex-husband. Thus, we filed and prepared her I-360 petition, which included 26 exhibits and a detailed brief to the USCIS Vermont Service Center on May 5, 2011. This petition was also reviewed by the Immigration Judge during our client’s Master Calendar hearing and the IJ opined that our client’s I-360 petition was prima facie approvable.

Despite our client’s thoroughly prepared I-360 application, in August 2012, the USCIS Vermont Service Center issued a Request for Evidence (RFE). Specifically, the RFE letter requested our client to submit more medical documents to prove her ex-husband subjected her to extreme cruelty. Moreover, the RFE letter asked our client to submit more notarized affidavits of witnesses. Our client and our office gathered the requested documents, and filed a response to RFE on November 7, 2012 with 13 exhibits.

Finally, on February 22, 2013, the USCIS Vermont Service Center approved our client’s I-360 petition.

With the approved I-360 and I-612 J-1 waiver, our office filed a Request to Join in a Motion to Terminate proceedings to the USICE-DHS Cleveland Office with an attached I-485 application and its supporting documents on April 2, 2013.

On April 6, 2013, the assistant chief counsel of the DHS agreed with us and signed on a joint motion to terminate. On April 9, 2013, our client appeared at the Cleveland Immigration Court for her master calendar hearing.  The Immigration Judge granted the Joint 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 to USCIS to obtain her green card.

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For other termination success stories, please click here.

For other success stories, please click here.

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CASE: Motion to Reopen / Termination of Removal Proceedings

CLIENT: Chinese

LOCATION: New York, NY

Our client came to the United States from China with valid B-2 visitor’s visa in 1996. Within one year of his entry, he filed an I-589 Application for Asylum.

In January 1998, our client had his asylum interview in Rosedale, New York. After the interview, his asylum application was referred to the New York Immigration Court and a Notice to Appear was issued for our client.

Respondent attended his first hearing, but missed his second hearing in December 1998. Respondent said he did not know of his second hearing, and that his attorney never informed him of such. Thus, he missed it.

Our client has remained in the U.S. ever since to take care and raise his U.S. Citizen daughter. He was with his wife who is now a lawful permanent resident.  Over the past decade, his wife had suffered from several medical issues.

Our client then became the beneficiary of an approved I-130 petition filed by his U.S. Citizen daughter. However, he could not adjust his status based on this I-130 petition due to his final order of removal.

Prior to retaining our office, our client tried to reopen his case with the Immigration Court through two other immigration lawyers in New York; however, both were not successful.

We reviewed his case and informed him that reopening will be tough because previous lawyers have tried twice and were denied. We told him that if we were to do it, we plan to emphasize the medical hardships of his wife and also technically address the ineffective assistance of counsel issue, by having him do all necessary steps, from the bar complaint, to proper notification, and others. He agreed.

On December 8, 2011, our client retained our office to do another Request to Join in a Motion to Reopen.

Once retained, our office extensively prepared and gathered documents for our client’s request to join in a Motion to Reopen with the DHS.  As set for forth in Bo Cooper’s May 17, 2001 Memorandum, in determining whether to join in a Motion to Reopen, the INS (now the DHS) should consider the following factors: (1) whether adjustment of status was available at the prior hearing; (2) whether the alien is statutorily eligible for adjustment of status; and (3) whether the alien merits a favorable exercise of discretion.

In considering these factors, as delineated in William J. Howard’s October 24, 2005, Memorandum, “where a motion to reopen for adjustment of status… is filed on behalf of an alien with substantial equities, no serious criminal or immigration violations, and who is legally eligible to be granted relief except that the motion is beyond the 90-day limitation contained in 8 C.F.R. Section 1003.23, strongly consider exercising prosecutorial discretion and join in this motion to reopen to permit the alien to pursue such relief to the immigration court.”

Thus, we argued that if our client’s case is reopened, he will be prima facie eligible to adjust his status.  In our brief, we argued that our client had substantial equities considering the medical records of his wife and legal status of both his wife and daughter.

Our client had no criminal records and his immigration violation was for overstaying his legal entry.  Despite his overstay, our client still filed for asylum within one year of his entry to the United States. We pointed out that our client was not informed of his immigration hearing due to the ineffective assistance of his previous immigration counsel. We also pointed out that his daughter is a world class pianist who has perfumed in several prestigious events.

On July 11, 2012, our office filed the Request to Join in a Motion to Reopen to the Office of Chief Counsel in New York, NY.  In an 11-page brief, we pointed out several factors from his detailed affidavit regarding his immigration history and equities. Several affidavits from his family members were also included.

We also included over 200 pages of supporting documents to show his wife’s medical issues, his prima facie eligibility for adjustment of status if his case was reopened, and Lozada compliance documents.

On December 4, 2012, after two tries by our client with two other lawyers, the New York DHS-ICE office agreed to join in the motion to reopen for the sole purpose of having the Court terminate the case without prejudice to allow our client to seek adjustment of status.

Once we got consent from the DHS, our office prepared and filed a Motion to Reopen and Motion to Terminate to the Board of Immigration Appeals on December 21, 2012.  Eventually, the Board of Immigration of Appeals granted our Motions on March 5, 2012.  Now, our client’s final order of removal is rescinded, and he can file an I-485 adjustment of status application based on the approved I-130 petition to the USCIS directly.

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For other Motion to Terminate success story, please click here.

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Let’s say you are in removal proceedings due to an overstay. Maybe you have an asylum application with the immigration court, or a cancellation of removal application, and during proceedings you got married to a US Citizen, or are the beneficiary of another I-130 petition, or even an I-360 self-petition.

And let’s say you are not otherwise inadmissible – no criminal record that would disqualify you from permanent residency, never had a false claim to US Citizenship (such as checking that you are a US Citizen on the I-9 form). And if not for removal proceedings (245i may have to apply in certain circumstances), would have been eligible for adjustment of status.

For those that get married in good faith after removal proceedings were initiated, it’s possible for you to be the beneficiary of an I-130 immigrant petition filed by your US Citizen spouse. You have to take note that the burden is higher when the marriage occurred after removal proceedings were commenced, and I-130s in this route are only approved if that higher burden is met.  A bona fide marriage exception letter must be included as well as evidence of your bona fide relationship. It is common for the husband and wife to be separated at I-130 interviews in these cases. Some undergo what’s called the Stokes interview also, which is an intensive interview session where both parties are separated.

But what if the I-130 is approved? Or if there are other petitions approved, which are current, and which makes you eligible for adjustment but for removal proceedings.

Of course there are many factors involved, and the results depend on whether the DHS agrees and of course whether the Immigration Judge agrees too. Usually when the DHS agrees or does not oppose termination, the Immigration Judge will grant termination, but it’s never a certainty. Some Judges would still want the adjustment of status adjudicated in Court, which is fine. Some though would actually be happy to terminate it, as it lightens their docket.

Our firm has done a couple termination cases recently on situations similar to the above (case for asylum or other relief pending, legal entry overstay, married a US Citizen or beneficiary of other types of petition, family or otherwise).

• Baltimore – Marriage
• New York – Family I-130
• Cleveland – Marriage
• New York – Marriage
• Phoenix – Marriage
• Los Angeles – Family / Deceased Petitioner Issue
• San Diego – Marriage

So one thing that could be done is the filing of a Request to Join in a Motion to Terminate with the DHS, in which after they agree, the Joint Motion would then be filed with the Immigration Judge. Proceedings will then be likely terminated for you to apply for adjustment of status with the CIS. Procedurally that is the proper way to do it.

A Motion to Terminate filed with the Immigration Judge with service to the DHS will still yield on the DHS’s response on whether they oppose or not.

And in both instances above, not just the I-130 approval should be attached, but also as much of the I-485 supporting documents (and the 485s itself) to show the applicant’s eligibility.

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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.

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 Termination success stories, please click here.

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