CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Atlanta, GA

Our client came to the United States in July 2019 from Nigeria on a B-2 visitor’s visa. She has remained in the United States since then. She married a U.S. Citizen in December 2019 and retained our office on March 27, 2020 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 28, 2020.  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 via conference calls. On June 17, 2021, our client was interviewed at the Atlanta, Georgia USCIS office. Eventually, on June 24, 2021, our client’s green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Ivorian

LOCATION: Atlanta, GA

Our client contacted us in October 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Ivory Coast and obtained her green card in October 2016 through her marriage to a US Citizen Spouse.   

Her N-400 application was filed on October 24, 2019 with all supporting documents. Prior to his citizenship interview, our office prepared her via phone call.  On October 6, 2020, our client appeared at the Atlanta, GA CIS office. Our client answered all questions correctly and passed her naturalization interview. Eventually, on June 8, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: German

LOCATION: Warner Robins, GA

Our client contacted us in March 2020 to seek legal representation for his naturalization application. He came to the United States from Germany and he obtained his green card in February 2013.

We filed his N-400 on June 16, 2020. Prior to his citizenship interview, our office prepared him via conference calls.  On March 16, 2021, our client appeared at the Montgomery Alabama USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On March 26, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY: Korean

LOCATION: Atlanta, GA

Our client is from South Korea who came to the U.S. on a J-1 Visa in August 2019 as an exchange student in Georgia. Her J-1 program made her subject to the two-year foreign residency requirement. She wanted to change her status to F-1 or H-1B. However, before she changes her status, she has to get a waiver for her two-year foreign residency requirement. 

Once retained, our office prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Atlanta to pursue the waiver for our client.  The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On November 23, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to change her status in the U.S.

The Korean Consulate General in Atlanta forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client and sent this letter to the State Department’s Waiver Review Division.  On March 8, 2021, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on March 22, 2021, the USCIS issued I-612 approval notice and waived our client’s 2 year foreign residency requirement.

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Filipino

LOCATION: Chatsworth, GA

Our Filipino client came to the United States on a J-1 in May 2018. He married his U.S. Citizen partner in November 2019.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law. 

They married in Georgia where same-sex marriage is recognized. Our client contacted our office and retained us on November 15, 2019. We filed the application on November 22, 2019. 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 via conference calls. On February 10, 2021, our client was interviewed at the Atlanta, Georgia USCIS office. Eventually, on February 12, 2021, his green card application was approved by the USCIS. 

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CASE: I-751

APPLICANT: Indonesian

LOCATION: Marietta, GA

Our client contacted our office in May of 2019 regarding her I-751 application.

She is from Indonesia and she married a U.S. citizen in March 2017. Through her marriage, she obtained a 2-year conditional green card in November 2017.  Her conditional residency terminated in November 2019.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on May 21, 2019, and our office prepared an I-751 application for our client with the necessary supporting documents.

On August 21, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. 

Eventually, on May 11, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Springfield, GA 

Our client came to the United States in March 2019 with a J-1 Exchange Visitor visa from the Philippines.  Her J-1 visa was not subject to the two-year foreign residency requirement, so she could apply for adjustment of status in the United States without a waiver.  She married a U.S. Citizen in June 2019 and retained our office on July 23, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 9, 2019.  Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients via conference calls. On February 18, 2020, our client was interviewed at the Charleston, South Carolina USCIS Field Office.  On the same day of the interview, her green card application was approved. 

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CASE: Marriage-Based Adjustment of Status
CLIENT: Nigerian
LOCATION: Lithonia, GA 

Our client is from Nigeria who came to the U.S. on a J-1 Visa in October 2018 to pursue his student internship in New Mexico.  After he finished his J-1 program, he remained in the United States. In April 2018, our client married his current U.S. citizen wife. However, he will not be able to adjust his status unless he gets a waiver of the 2-year foreign residency program.  When he came to the United States in 2018, his program was subject to the 2-year foreign residency program. 

Thereafter, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Nigerian Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Nigerian Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver, the clearance letter from J-1 program sponsor, and a letter of reason for obtaining J-1 waiver.  

On April 18, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Nigerian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on his marriage to U.S. citizen spouse. 

Eventually, the Nigerian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On June 28, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On July 30, 2019, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. 

Once his J-1 waiver was approved, he retained our office on July 31, 2019 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 19, 2019.  Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared our client via conference calls. On January 21, 2020, our client was interviewed at the Atlanta, Georgia USCIS Field Office. Eventually, on January 24, 2020, his green card application was approved. 

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Filipino

LOCATION: Decatur, GA

Our client came to the United States from the Philippines on a J-1 exchange visitor’s visa. With our firm’s legal assistance, he got his J-1 waiver for his two-year foreign residency requirement.  In June 2018, he married his U.S. Citizen same-sex spouse in Georgia.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law. 

They married in Georgia where the same-sex marriage is recognized. Our client contacted our office and retained us in October 2018 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on October 10, 2018. 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 via conference calls. On July 1, 2019, our client was interviewed at the Atlanta, Georgia USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Lithuanian                                                                                                   

LOCATION: Atlanta, GA

Our client is from Lithuania who came to the United States on an H-2B visa in March 2017. In November 2017, our client married his current U.S. citizen wife. He retained our office on December 7, 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 14, 2017. 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 via conference call. On January 29, 2019, our client was interviewed at Atlanta Georgia USCIS office.  Eventually, on January 30, 2019, his green card application was approved.

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