Bretz & Coven, LLP successfully blocked the removal proceedings against a Registered Nurse from South Korea, and a Queens resident whose student visa had expired.
(Lexis Nexis) September 29, 2009 — Manhattan Immigration Law Firm Bretz & Coven, LLP successfully represented a foreign registered nurse who was placed in removal proceedings. The Suffolk County resident is a South Korean woman in her thirties who entered the United States in 2002 on a student visa. Her multiple applications for lawful permanent resident (LPR) status before the U.S. Citizenship and Immigration Services (USCIS) were denied. With the help of Bretz & Coven, she received LPR status before the Immigration Court in New York City, believed to be the first successful case of its kind in New York and possibly in the country.
Bretz & Coven explained that under U.S. immigration law, foreign nurses must obtain visa screen certificates to become lawful permanent residents. Many fail on their first try, and their Adjustment of Status (I-485) applications are denied by United States Citizenship and Immigration Services (USCIS). These nurses often go on to achieve their visa screen certificates, only to be denied their re-application for adjustment of status based on an unfavorable interpretation of section 245 of the Immigration and Nationality Act (INA § 245), according to Bretz & Coven.
“There is a shortage of nurses in the United States,” law firm partner Kerry Bretz said. “The Government rules make it difficult for many nurses to get a green card and become a permanent resident. Cases like this are important to me because I grew up in the Bronx among a diverse population of immigrants, and I feel that their contributions to the United States are the foundations of our society.” The nurse’s case was litigated by senior associate David K. S. Kim of Bretz & Coven, and supervised by partners Kerry William Bretz and Jules Coven. David is a naturalized United States citizen who was born in Seoul, South Korea, and has business-level fluency in Korean.
After more than a year of litigation by the Bretz & Coven law team, Immigration Judge Videla granted the nurse’s application, and she became a lawful permanent resident. She had received several denials of her applications since 2002, and had tried three different immigration attorneys. Bretz & Coven, LLP is currently representing several other registered nurses in similar situations, and expects to have successful outcomes on their cases as well.
About the Firm
Bretz & Coven, LLP is an immigration law firm in New York City. Their attorneys serve arriving and established immigrants who seek the privileges and benefits of U.S. visitation, lawful permanent residence, deportation defense and immigration service waivers. They speak more than 20 languages, and many of their attorneys and staff have been through the federal immigration process before they worked at Bretz & Coven.