CASE: Marriage-Based Adjustment of Status

CLIENT: Turkish

LOCATION: Reno, NV

Our client is from Turkey who came to the U.S. on a J-1 Visa in August 2016 as an exchange student. In October 2019, she married her U.S. citizen spouse. She wished to apply for a waiver of the two year foreign residency requirement so that she can file her adjustment of status application along with her husband’s I-130 petition.  

She retained our office on January 13, 2020. Thereafter, our office prepared for the waiver request through a No Objection Statement (NOS) from the Turkish Embassy. Every country’s Embassy maintains different procedures with regard to the J-1 No Objection Statement waiver.  Our office contacted the Turkish Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver and Turkish National ID.

On February 5, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Turkish Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client wants to adjust her status based on her marriage to a U.S. citizen spouse. 

Eventually, the Turkish Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On June 15, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On July 13, 2020, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. 

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485Adjustment of Status Application on July 3, 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 through conference calls. On May 14, 2021, our client was interviewed at the Reno, Nevada USCIS office.  The interview went well, and eventually, on May 28, 2021, her green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – German
Location: Cleveland, OH

Our client entered the United States in August 2020 from Germany under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  She married her U.S. citizen spouse in October 2020. 

In November 2020, they contacted our office and consulted with us regarding adjustment of status. They retained our office on November 2, 2020.  One issue in her green card application through marriage was the fact that she came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Since our client resided in Cleveland, Ohio, her application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on November 12, 2020.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On May 14, 2021, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved her adjustment of status application on the same day of the interview.  Now, our client is a green card holder.

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CASE: I-751

APPLICANT: Korean

LOCATION: Cleveland, OH

Our client contacted our office in August of 2020 regarding her I-751 application.

She is from South Korea and she married a U.S. citizen in August 2018. Through her marriage, she obtained a 2-year conditional green card in December of 2018.  Her conditional residency terminated in December 2020.

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 August 20, 2020.

On September 18, 2020, our office filed the 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 7, 2021, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE).  Our client received her 10-year green card which removed the conditions.

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CASE: I-130 (Petitions for Parents) and Adjustment of Status

CLIENT: Filipinos

LOCATION: Conroe, TX

Our client retained us to petition her parents for a green card. Our client was born and raised in the Philippines, but was naturalized in the United States. She contacted our office in July 2020 and discussed with us the green card process. After consultation, she retained our office on July 23, 2020.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 6, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on May 12, 2021, our client’s parents’ adjustment of status applications were approved. Now, they are green card holders.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Mongolian

LOCATION: Cleveland, OH

Our client came to the United States from Mongolia on a F-1 student visa. She married a U.S. Citizen in October 2020 and retained our office on October 14, 2020 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 27, 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 May 6, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Eventually, on May 12, 2021, our client’s green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: British

LOCATION: Brecksville, OH

Our client came to the United States from the United Kingdom on a J-1 exchange visitor’s visa. His J-1 program was not subject to the two-year foreign residency requirement. He married a U.S. Citizen in May 2020 and retained our office for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 1, 2020. Prior to the interview, we thoroughly prepared our clients via conference calls. On May 6, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Our client’s green card application was approved on the same day.

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CASE: I-751

APPLICANT: Indian

LOCATION: North Royalton, OH

Our client contacted our office in July 2020 regarding his I-751 application.

He is from India and he married a U.S. citizen in August 2017. He obtained a 2-year conditional green card in October 2018. His conditional residency terminated in October 2020.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on July 13, 2020. On August 7, 2020, our office filed the I-751 application to the USCIS. There was no RFE. On May 5, 2021, the USCIS approved our client’s I-751 application. He received his 10-year green card.

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CASE: I-751

APPLICANT: Burkinabe

LOCATION: Mayfield Heights, OH

Our client contacted our office in December of 2019 regarding his I-751 application.

He is from Burkina Faso and he married a U.S. citizen in August 2016. Through his marriage, he obtained a 2-year conditional green card in March 2018.  His conditional residency terminated in March 2020.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on December 27, 2019. 

On January 3, 2020, our office filed the I-751 application. The USCIS eventually issued a Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with his wife. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on February 2, 2021.   

As a result, on May 5, 2021, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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CASE: I-130 (Petitions for Parent) and Adjustment of Status
CLIENT: Filipina
LOCATION: Albuquerque, NM

Our client retained us to petition hi Filipino mother who came to the U.S. to visit his son. Our client was born and raised in the Philippines, but was naturalized in the United States. He filed the I-130 petition for his mother and it was approved by the USCIS in August 2020. He contacted our office in September of 2020 and discussed with us regarding his mother’s adjustment of status application. He retained our office on September 23, 2020. 

Once retained, our firm prepared and filed the I-485 Adjustment of Status Application on September 29, 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 as well. On May 4, 2021, our client’s mother was interviewed at the Albuquerque, NM USCIS office. Eventually, on May 5, 2021, the adjustment of status application was approved.

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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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