EXTENSION OF H-4 NONIMMIGRANT STATUS GRANTED AFTER HONEST CLIENT MISTAKE

• Client: Ms. Yoo
• Nationality: China
• Case: H-4 Extension
• Processing Time: 6 Months
• Challenges:
  1. Ms. Yoo’s H-4 Nonimmigrant status had expired without her knowledge and when it came to reapplying for an extension her attorney informed her she was not in lawful status
  2. Ms. Yoo’s attorney did not clearly communicate the provisions of her non-immigrant status expiration date in reference to leaving the United States
  3. Every time Ms. Yoo reached out to CBP officers to mitigate the issue, she received conflicting answers that further confused her and resulted in her continuing to accrue unlawful presence.
  4. Ms. Yoo had already suffered through 7 years without her husband due prior immigration circumstances, had finally reunited with him and was now hoping to apply for a green card with him. Denial of this case would have caused her more undue suffering

BACKGROUND

Sara Yoo hired Tsang and Associates as shadow counsel after coming across one of our previous success stories similar to her own. We served here in the capacity of Shadow Counsel because Ms. Yoo and her husband had already contracted an attorney through her husband’s employer that she was required to continue using as the attorney on record for the filing. Ms. Yoo reached out to our office because of an issue that had woefully occurred in which her H-4 Nonimmigrant status had expired without her knowledge. Unfortunately, Ms. Yoo’s attorney had neglected to provide further instruction as it related to travelling outside the U.S., and the guidelines surrounding I-94 departure records. Consequently, when Ms. Yoo travelled outside of the U.S. to attend her grandfather’s funeral, the Customs and Border Patrol Officer stamped her Visa with an expiration date over one year earlier than the date she had been given at time of approval and her electronic I-94 was updated to include an admit until date that was similarly early. Clueless as to what this all meant, it wasn’t until Ms. Yoo needed to re-apply for an extension that her new attorney on record informed her that she was not in lawful status. Ms. Yoo reached out to CBP and got conflicting and further confusing answers as to her status and was unsure what to do next. That is when she and her husband contacted Tsang and Associates.

KEYS TO SUCCESS

Understanding the consequences of denial for Ms. Yoo was imperative to us here at Tsang and Associates. She had already suffered through years of maintaining a long-distance marital relationship with her husband and now that they were together again, we wanted to ensure her ability to stay with him and continue to build a bright future here in the United States.

As shadow counsel we helped draft strong arguments for the attorney brief that would be used to apply for the waiver extension, and made sure to explain the honest nature of the mistake that had occurred. We coached Ms. Yoo and her husband on the best ways to improve their own personal letters so that they were both clear and authentically explained the nature of the misfortune that had occurred. Under our guidance, we helped Ms. Yoo and her husband file in a manner that would ensure that both their cases would be adjudicated together, which streamlined the process and provided the most convenience possible. In our commitment to resolving Ms. Yoo’s case as quickly as possible, we were even able to obtain expedited finger-printing for them when they flew down to our Los Angeles office from San-Francisco. The combination of these key factors that we helped improve resulted in a successful strategy that resolved the matter seamlessly and rapidly.

OUTCOME

Thanks to Tsang and Associates shadow counsel, Ms. Yoo’s case was resolved in 6 months and her H-4 status was approved. She was able to receive her employment authorization card and she has since applied for a green-card with her husband. Ms. Yoo is so grateful to be able to stay with her husband and have the opportunity to apply for her green card, allowing her to feel even more secure in her future here with him.

*Name has been changed to protect client identity