CASE: Adjustment of Status at Removal Proceeding
CLIENT: Kenyan
LOCATION: Centennial, CO (USCIS) / Denver, CO (EOIR)

Our client came to the United States in December 2001 on a J-2 visa from Kenya. Since then he has remained in the United States. He failed to maintain his non-immigrant status at some point and was placed in removal proceedings. His Adjustment of Status was not initially approved because he was subject to the two year foreign residency requirement. 

He retained our office in 2016 to get his J-2 waiver. Our office represented him on his case and he successfully got his J-2 waiver in July 2016. Thereafter, he retained our office for representation in his removal proceedings. 

He married a U.S. Citizen in September 2017.  Our client’s wife filed an I-130 petition for him and this I-130 petition was approved by the USCIS Centennial Field Office in April 2019. Once the I-130 petition is approved, our office prepared and filed the I-485 Adjustment of Status Application, pre-hearing memorandum, and other supporting documents to the Denver Immigration Court.

On May 5, 2021, Attorney Sung Hee (Glen) Yu represented our client’s at his Individual Hearing for adjustment of status at the Denver Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal proceeding is terminated simultaneously. Now, our client is a green card holder. 

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

CLIENT: Singaporean

LOCATION: Wyoming

Our client came to the United States from Singapore as a visa waiver visitor in March 2018. He married his U.S. Citizen same-sex spouse in June 2018.

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 Wyoming where same-sex marriage is recognized. Our client contacted our office and retained us on June 12, 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 September 11, 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 March 12, 2019, our client was interviewed at the Centennial, Colorado USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Kenyan

LOCATION: Wyoming

Our client is a citizen of Kenya who came to the U.S. on a J-2 Visa in August 2001. She came with her mother who came on a J-1 Visa for her research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After her mother’s J-1 program ended, our client remained in the United States.

She turned 21 in 2011. She would like to get a waiver because she has a U.S. citizen husband who already filed an I-130 for her after their marriage. This I-130 petition was approved by the USCIS.  However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without fulfilling the waiver requirement.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in April 2011.

Our firm was retained to do her J-2 waiver, and on September 8, 2016, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on September 27, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On March 8, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Kenyan

LOCATION: Wyoming

Our client is a citizen of Kenya who came to the U.S. on a J-2 Visa in December 2001.  He came with his mother who came on a J-1 Visa for her research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After his mother’s J-1 program was done, our client remained in the United States.

He turned 21 in 2008. He would like to get a waiver because he has a U.S. citizen fiancé who will file an I-130 for him after their marriage. However, because of his two-year foreign residency requirement, our client cannot adjust his status in the United States without fulfilling the waiver requirement.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in July 2008.

Our firm was retained to do his J-2 waiver, and on May 4, 2016, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on June 23, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 7, 2016, the USCIS issued an I-612 approval notice for our client’s waiver request.

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