Client: Student
Client’s Country of Origin: Venezuela
Chief Paralegal Connie Cook of Herman Legal Group assisted our client with obtaining lawful status. Our client is a citizen of Venezuela and originally came to the US to visit family. Later, our client began her schooling and adjusted to student status. From then, she remained in the US for more than ten consecutive years, and finally, in 2016, her US citizen relative filed an I-130 petition on her behalf in order to commence the adjustment of status process for lawful permanent residence.
Due to our client being over 21 years of age, she was anticipated to bear a long waiting period prior to being issued a visa. The USCIS sets a quota each year for family-based visas—once the quota is met, the USCIS stops issuing visas until the next fiscal year, which creates a backlog of visa applicants. It is not uncommon for applicants over 21 to anticipate waiting years before approval to submit just the green card application. Depending on various factors, the average wait time for immigrants of this category can last from ten to 24 years.
However, with the assistance of Herman Legal Group counsel, our client’s case was successful in the sense that the longer duration of a waiting period was eliminated, and our client was able to file for her visa afterward. Expand??
Client: Student entered U.S. on F-1 Visa, Married U.S. Citizen, Obtained Conditional Green Card (CR-1)
Client’s Country of Origin: Pakistan
Case Type: I-751 Petition to Remove Conditions on Residence; Good Faith Waiver, Exceptional Hardship
Our client retained Attorney Richard Herman of Herman Legal Group for guidance and counsel on his extremely complex situation. Our client, a citizen of Pakistan, entered the U.S. on a F-1 visa pursuing his medical career.
Later, he had met a US-citizen woman who he thought would be his lifelong partner. While arranged marriage is customary in the Islamic faith, at the time, the couple shared the same cultural, religious, and life values, which made our client excited for the compatibility.
After they united in marriage, our client filed for a marriage green card and was approved for his 2-year conditional green card. Soon later, their bond began to dissolve, and relations between the families grew contentious.
In their shared Urdu culture, traditional wedding ceremonial events take place following the marriage to consummate their unity. However, our client could not afford the time or money for the grand occasions to take place during his studies.
The grand wedding ceremony kept getting delayed, and throughout the marital arrangement, the father-in-law persistently attempted to extort large sums of money from our client. Despite the family’s refusal and inability to present finances, the in-law would call numerous times and try to manipulate them into giving up money for the wedding ceremony.
Our client told his father-in-law that he believes that marriage is based on love, care, and understanding—not on money.
Due to his commitment to his residency program, our client and his wife lived separately until its completion. He believed he would one day make a lot of money to support his wife and their future family.
As time passed, he noticed communication with his wife started to dwindle, and time spent together on his visits became slim. Their relationship grew quarrelsome; the couple became more distant, differences continued to arise, and ultimately, the wife showed signs of emotional abuse. Our client suffered from daily criticism. If not subject to blame, he would be ignored for long periods.
His wife’s family used his green card as their leverage—they would steal it without returning it unless our client gave them the money they sought. Finally, the wife’s family gave an ultimatum and demanded a divorce or otherwise sign a contractual agreement to pay the large sum of money. Our client desperately wanted to save his marriage. Still, because he was unable to afford their requests, his wife’s family filed multiple false criminal charges in an attempt to hurt his character and make him subject to removal.
Our client wanted was a successful marriage. Feeling defeat and no longer able to endure the blackmail, our client filed for divorce and came to us for help. He explained to us his failed marriage and sought our assistance to file his I-751 Petition to Remove Conditions on his 2-year residence to stay in the States. He told us how much time and money he had spent for his residency program, and if he were unable to complete it, all of his hard work would go down the drain.
He wouldn’t be able to provide for a future family, and if removed, chances of him securing employment within his industry are slim to none. Also, he feared relocating to Pakistan due to multiple reports of assaults and deadly attacks on Pakistani doctors.
At first glance, Attorney Herman did not believe our client had a chance of approval. While the couple entered into the marriage in good faith, they never had the chance to cohabitate. However, Attorney Herman offered his expertise to our client’s last-ditch effort to save his future. Attorney Herman knew that detailed documentation would be crucial for our client’s best chances of approval.
When preparing the petition, Attorney Herman assembled a vast range of documents to evidence a bona fide marriage, extreme cruelty during the relationship, and that our client is subject to extreme hardship if returned to Pakistan.
After submitting several documentation and attending a lengthy, emotional interview, our client’s petition got approved. Attorney Herman provided his expert knowledge of the law in this complicated case to receive an unlikely favorable outcome. Our client’s case was successful not only in the sense that the result was not expected but also because our client was able to continue his journey in the medical profession within the US.
Client: Family
Client’s Country of Origin: Burkina Faso
Case Type: I-485 Application for Marriage Visa/Asylum
Date of Application: October 2018
Date of Approval: June 2019
Our client, a citizen of Burkina Faso, came to the US originally seeking asylum. During his time in the states, he obtained work and delivered medication to pharmacies around town. While on the job, he met a woman technician and became drawn to her. Soon later, they began talking and started a relationship, and eventually, the technician became his wife.
Once the two united in marriage, our client considered applying for a marriage green card. However, he was still on pending asylum status. Our client retained Herman Legal Group counsel to receive guidance on what steps to take in order to obtain lawful permanent residency as quickly and efficiently as possible. Attorney Erin James assisted with the foregoing matter.
Because asylum cases may take months to years before an interview date is assigned, Attorney James knew how to stagger the process. She helped our client file an I-485 application for a marriage visa and informed a couple of the interview process.
The asylum interview was scheduled first. Attorney James attended that interview with our client, along with the letter stating that the client has a pending marriage green card application, and requested to administratively close the asylum case, which was closed that day.
In light of concerns of marriage fraud, the USCIS conducts strict interviews seeking answers in specificity and unanimity. At our client’s interview, complications arose. Due to a language barrier, our client could not comprehend all questions posed by the officer. As a result, our client was not providing concrete answers. The interview became tough as the officer grew frustrated, impatient, and began searching for flaws in the marriage.
In the end, our client relieved the tension and told authentic stories about the marriage that eventually got the officer enjoying them. Within a few days, the couple was approved for a marriage visa.
Our client and his wife were very happy about the outcome.
Client: Church Association
Client’s Country of Origin: Ethiopia
Case Type: I-29 Petition for Special Religious Worker
Date of Application: January 2018
Date of Approval: June 2019
Our client a non-profit Ethiopian Orthodox Christian Church, retained Attorney Erin James of Herman Legal Group to assist with petitioning a religious worker to come to the Cleveland area. Our client suffered due to the lack of Ethiopian Orthodox priests in the US. Although our client is affiliated with the Ethiopian Orthodox Tewahedo Church, whose membership consists of nearly 50 million people, the majority of its members live in Ethiopia.
As a result, our client needed a religious worker who has a comprehensive knowledge of the Scriptures and familiarity with the whole body of traditional rituals passed down through generations.
At the time, the beneficiary lived in Ethiopia and served as a full-time Monk and Priest.
By law, to qualify as a special immigrant religious worker, a foreign national must have been a member of a religious denomination that has a bona fide non-profit religious organization in the US for at least 2 years immediately before the filing of a petition to seek to enter or adjust status in the US in a full-time, compensated position as a minister or as someone in a religious vocation or religious occupation.
Due to these requirements, Attorney Erin James needed to assemble substantial evidence to demonstrate the church’s status as a non-profit religious organization and evidence of satisfaction of criteria that makes the priest eligible for the position. With expert counsel, our client was able to file a petition that provided specific information in regards to its organization and various certifications and letters from other priests attesting to the beneficiary’s work.
As a result, the USCIS warranted its approval with no issue. Upon the approval, our client’s Senior Priest visited our office and happily gave us his blessing.
Client: Family
Client’s Country of Origin: China
Case Type: Marriage Green Card, I-751
Date of Application: 2017
Date of Approval: Current (2019)
Chief Paralegal Connie Cook of Herman Legal Group has expertise in all family immigration matters. Cook often assists clients with obtaining marriage green cards. Back in 2017, Cook helped a husband and wife with their immigration matter. The husband is a US citizen, and the wife (beneficiary) is a citizen of China. Between the two is a 30-year age difference. Although for marriage green cards there are no restrictions on age, relationships with larger age differences are more prone to be questioned for fraud by immigration authorities. However, with Chief Paralegal Cook’s assistance, our clients successfully applied for the marriage green card and have recently filed their I-751.
An I-751 is a petition to remove the conditions on the beneficiary’s permanent resident status received through the marriage green card. Furthermore, this form removes the 2-year conditional permanent resident’s status and if approved, the beneficiary receives a 10-year permanent resident card. Again, in order to be granted the lawful status, the applicant must provide proof of the bona fide marriage within the filing documents and during the interview with an immigration officer.
One year after our clients receive an approved I-751, the beneficiary may then apply for US citizenship. Overall, the process from marriage to actual citizenship has a timeframe of four and a half years.
Client: Adult Male U.S. Citizen, Married to Non-U.S. Citizen Wife
Client’s Country of Origin: Peru
Case Type: I-130 Immigration Petition for Alien Relatives (Spouse)
Date of Application: April 15, 2014
Date of Interview: July 14, 2014
Date of Approval: July 15, 2014
Background:
Our client retained Herman Legal Group’s immigration lawyers in Cleveland, Ohio to secure permanent residence for his wife.
Action:
We helped our client prove that his marriage was bona fide and the result of love and trust. Marriage green card cases now include an interview, which may require legal assistance. We also helped our client how to interview best understand the interviewing officer’s expectations. Overall, our client was able to present an account that his wife met all criteria set in law and was eligible for a green card.
Result:
In just three months and one day after their interview, our client’s wife was granted a marriage green card.
Client: Adult Female Mexican Immigrant
Client’s Country of Origin: Mexico
Case Type: I-821D Consideration of Deferred Action Based on Childhood Arrival
Date of Application: May 1, 2014
Date of Approval: October 21, 2014
Background:
Our client retained Herman Legal Group to secure an approval for consideration of deferred action for childhood arrival for sake of her future career.
Challenge:
Deferred Action for Childhood Arrival (also known as DACA) is a relatively straightforward procedure. President Obama had used his administrative channel to help DREAMERS, mostly Latinos who arrived in the United States during childhood, to avoid immigrant deportation.
Provided the client reasonably fits all the below mentioned criteria, our arguments for the client are likely to work. However, documentation of evidence will determine the strength of your case. The better the client’s evidence, the better we can argue on his or her behalf.
Action:
Herman Legal Group helped our client prove that she:
Result:
About five months later, our client received approval for the consideration of deferral on actions against her.
Client: Family
Client’s Country of Origin: Guatemala
Case Type: I-601A Waiver
Date of Application: Month 2015
Date of Approval: Month 2017
Chief Paralegal Connie Cook of Herman Legal Group assisted our client in the process of visa application. Our client entered the US from Guatemala without inspection for personal travel. During his time in the US, our client connected with a friend established a long-term relationship, and the two became parents to a US-born child.
Following this relationship, his partner sponsored him in filing an I-130 Petition in order to apply for US lawful permanent resident status. However, because our client held an unlawful presence in the country, the process to obtain a visa would become more challenging.
Cook assisted our client in filing an I-601A waiver after the sponsored petition was granted. An I-601A waiver is when the federal government excuses the applicant’s immigration violation under its discretion.
Here, if granted, the waiver would assist with excusing our client’s unlawful presence in the country and allow him to adjust his status. With the assistance of Herman Legal Group counsel, our client’s waiver was accepted for consideration by the Immigration Visa Office in the applicant’s home country.
Our client was then required to return to Guatemala for the interview where he would be considered for waiver. Although not required, our client’s partner insisted on attending the interview with him for support. In conclusion, the Immigration Visa Office decided to approve the I-601A waiver and grant our client his visa allowing him to enter back into the US as a lawful permanent resident.
Client: Student
Client’s Country of Origin: Armenia
Case Type: I-539; Application to Extend/Change Nonimmigrant Status
While hundreds of applications and thousands of paperwork are filed to the USCIS, it is foreseeable that mistakes or errors may occur from time to time. However, this oversight does not condone putting petitioners at fault for circumstances beyond their control. Our client, a citizen of Armenia, came to the US on a tourist visa. During her visit, she became interested in pursuing an American education. In order to do so, her first step would be to obtain an F-1 student visa. Generally, an immigrant would need to return to their home country’s embassy and apply for a visa there; however, an immigrant with lawful status within the US may file an I-539 Application to Extend/Change Nonimmigrant status if he or she meets the requirements.
In general, it may take months to change to a student visa. During the time that the USCIS is adjudicating the immigrant’s application, he or she cannot go to school in the meantime. If any delays occur, the immigrant’s lawful status is at risk of expiring prior to his or her application’s approval. Subsequently, delays cause further issues with the Service, the immigrant, and the school.
In this case, our client filed her application for a student visa during her B-1 tourist status. The university program she was admitted to record that the original start date for classes was within 30 days of termination of her B-1 status.
Due to delays with the Service evaluating her application, without her knowledge, the university deferred the start date by nearly half a year. This caused the Service to deny her application in light of her B-1 status expiration to occur prior to the program’s start date, which deemed our client ineligible to request a change of status.
Our client did not understand why she received denial—she had met all the requirements and produced all necessary documents in order to change to student status and begin her education. Wanting to give up, she approached Attorney Richard Herman seeking advice.
First, Attorney Herman assisted in filing a second application. Additional filings are necessary to provide “bridge” status for the immigrant during the USCIS adjudication process, that way our client would not (1) risk expiration of status; and (2) lose her eligibility for a student visa. Second, Attorney Herman filed to reconsider our client’s denial based on USCIS error. The Service had based its denial on grounds that our client had not provided facts or reasoning in order to reconsider her change of status. However, our client attached many exhibits to the original application.
Therefore, counsel argued that not only did the Service error in misplacing those documents when issuing a denial but also the Service never requested further evidence from our client in order to fairly consider her application.
Attorney Herman provided substantial evidence to display that our client should not be at fault due to the Service’s untimely adjudication of her original application and based on the fact that proper evidence was supplied at the time of the initial decision. After many hurdles and drawn-out patience, our client was finally issued an approval notice to change to F-1 student status. Soon later, she began her American dream.
Client: Lawful Permanent Resident
Client’s Country of Origin: Panama
Case Type: Criminal and Removal
Date of Application: August 2010
Date of Approval: February 2019
Our client retained Attorney Frank Krajenke of Herman Legal Group after sitting with a criminal conviction for three years. Our client left Panama and came to the US as a child with lawful permanent resident status. In 2010, he pled guilty to low-level charges arising from a domestic violence issue and was sentenced to complete probation. Nearly three years later, our client fulfilled the court orders but did not anticipate the removal consequences that followed.
Our client consulted with Attorney Krajenke, informing him that he was not advised of immigration consequences that would result from the plea. In addition, our client stated that no interpreter was present at the hearing, he was never told by former counsel that he would be deported and stated he would not have pled otherwise.
In 2013, Herman Legal Group counsel filed a motion to vacate the plea on constitutional grounds of failure of former counsel to advise of immigration consequences. Years had passed, and the opposing counsel sought to dismiss based on the passage of time.
In February 2019, Attorney Krajenke appeared in court and found out that the motion had been denied; however, after spending time speaking to the judge, the judge became receptive to our client’s argument and reversed her initial decision to deny the motion, permitting our counsel to withdraw plea. Furthermore, our client pled to an amended low-level charge without grounds for removal.
While this case required time and patience, the outcome is substantially successful for our client. Not only is it critical to retain an immigration lawyer, but it is also key for lawyers to analyze the courtroom and judge in order to grasp what may be most favorable for their client.
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