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Successful Applications For Immigrants & Nonimmigrants

Read More about one of Jon Wu’s cases that headlined in a Chinese daily newspaper of general circulation, The World Journal.

Read More about one of Jon Wu’s cases that “trail-blazed” the one-child forced abortion asylum law. “An End of Fear: Chinese National Granted Asylum in Birth Case,” Los Angeles Times.

Cases completed by Jon Wu

OBTAINING WAIVER OF INADMISSIBILITY ON ACCOUNT OF CRIMINAL CONVICTIONS

Green Cards/Adjustment of Status

Brazil national was convicted of possession of cocaine in New Jersey. Through initial counsel she twice applied for lawful permanent resident status in New Jersey and was denied twice. She then moved to California and retained us. We applied for lawful permanent resident status with a waiver of inadmissibility on account of the cocaine possession. The waiver was granted and the green card was issued.

Woman was granted the green card after the Board of Immigration Appeals granted her third motion to reopened. The third motion to reopen was filed on her behalf by attorney Jon Wu. The BIA ordered her case to be reopened after two prior attorneys failed in their efforts. The original Immigration Judge had ordered the woman’s deportation after concluding that she married her U.S. citizen husband for immigration purposes. Client has been admitted to the U.S. on the fiancé visa and she and her fiancée married. She lived with her husband and his parents after marrying but the relationship between the client and her mother-in-law became very strained. After over a year of intensity, Client went on a vacation with her girlfriend. During the vacation, Client had sex with a man she met while on vacation and got pregnant and, had the baby. Her marriage ended in divorce. Client never found the father. The original IJ denied Client’s green card status when Client applied to finalize the green card process. That IJ faulted her for her extramarital sex. Ultimately, almost 20 years later, after three motions to reopen and two appeals, Client is vindicated and well settled in the U.S. with her lovely daughter!!

Chinese national had been arrested for prostitution related offenses four times – twice on the streets and twice in a massage parlor. She was convicted of loitering. She applied for lawful permanent residence based upon her marriage to U.S. citizen husband and requested a waiver of inadmissibility on account of the conviction; waiver of inadmissibility granted and green card issued.

Pro Bono Client was admitted to the U.S. to marry her U.S. citizen fiancée several months after they met abroad. Just before they met, she was impregnated by a former lover, but she did not know she got pregnant until after marrying her fiancée. After arrival in the US and after she married, she had the baby; the baby had no resemblance to the husband whatsoever. The husband and the mother-in-law were livid! They enslaved client and fed her crumbs. Client fled to a shelter. Upon investigation, the police found that because Client was a adult, she could have left anytime but did not leave and therefore there was no crime. The police report was provided to Client and she used white-out to alter and falsify the report to read that a crime had been committed. Client was charged and convicted with the crime of altering and falsifying the police report and detained for removal proceedings. During the removal proceedings, Client began living with an abusive man who ultimately brutalized her and he in turn was convicted and imprisoned for aggravated assault. Her pro bono counsel Jon Wu assisted with expungement of Client’s conviction for falsifying the police report and obtained the U visa. The removal proceedings were dismissed. Client became a successful applicant for adjustment of status – the green card.

Immigration Court Cases:

Israel citizen was a lawful permanent resident of the United States. He was convicted in the United States District Court of two counts of theft from the United States Postal Service. Immigration initiated proceedings to deport him on account of the theft convictions. He applied for a waiver and produced evidence of remorse and rehabilitation. The immigration judge granted the waiver.

Vietnamese national was convicted four times for possession of crack cocaine and for being under the influence of crack cocaine. Immigration initiated removal proceedings. He applied for a waiver of deportation, showing remorse and rehabilitation. The immigration judge granted the waiver and removal proceedings were terminated.

Consulate Processing:

The spouse of a United States citizen was convicted abroad twice for theft. She applied for a waiver of inadmissibility at The United States Consulate General. The U.S. citizen husband showed Consul that refusal of the visas to his wife and step-daughter would result in extreme hardship to him. The waiver application was granted and immigrant visas were issued to the wife and her daughter.

The Immigrant visa for the spouse of a United States citizen was refused by The United States Consulate General. The Consulate General determined that the U.S. citizen spouse had a learning disability and that the marriage was not real. We were then hired to seek reconsideration of the visa denial. Evidence was submitted to overcome Consul’s determination that the marriage was not real and that individuals with learning disabilities do thrive in love and romance!

FIGHTING DEPORTATION AND INADMISSIBILITY ON ACCOUNT OF FRAUD AND MISREPRESENTATION

More court cases:

Citizen from the Philippines was admitted for lawful permanent residence as an unmarried son of a lawful permanent resident. He was in fact married and therefore entered by misrepresenting his marital status, which enabled him to enter. A decade later, Immigration discovered the fraud and initiated removal proceedings. A waiver of inadmissibility was submitted in removal proceedings and the immigration judge granted the waiver and the green card was reissued.

Jamaican applied for lawful permanent residence based on marriage to a United States Citizen. At the green card marriage fraud interview, the examiner uncovered applicant’s promise of payment of $35,000 to the wife’s family and that $17,500 cash had actually been paid. Applicant was arrested on a charge of marriage fraud and taken to jail from the interview. He was released on a bond of $25,000. After trial, the immigration judge found insufficient proof of marriage fraud and granted the application for lawful permanent residence.

Scientist from China invented methodology to prolong the shelf life of potatoes and was granted an immigrated visa petition reserved for scientists of exceptional ability. She then applied for the green card based upon the approved immigrant visa. She brought with her to the green card interview a man she just married, asking Immigration to grant him derivative status. Immigration learned she did not live with him at the time of the green card interview. She also submitted fraudulent pay check stubs and W-2 forms in support of the green card application. Officials charged her with marriage fraud and misrepresentation. The immigration judge found insufficient proof of marriage fraud and that pay checks and the W-2s were not material to the green card application based on exceptional ability. However, the judge denied the green card application on discretionary grounds. The case was appealed to the United States Board of Immigration appeals. Meanwhile, she divorced the husband and pending appealed she married a second time and applied for the green card based on that marriage. The Board reopened the case and applicant finally obtained lawful immigrant status.

Note: The comments contained in this website are not to be considered legal advice nor should they be construed to apply in all claims. Your claim should be reviewed on an individual basis. For legal advice or opinion, please consult an attorney to determine if the information in this guide applies to your claim.

 

Languages we can accommodate

Languages available:

  1. English
  2. Cantonese
  3. Mandarin
  4. Shanghainese
  5. Spanish
  6. Hindi

If you have a specific language need, let us know.

San Mateo Immigration Lawyer Serving San Francisco Bay Area