CASE: Adjustment of Status at Removal Proceeding
CLIENT: Sierra Leonean
LOCATION: Cleveland, OH (USCIS / EOIR)

Our client came from Sierra Leone in January 2011 as a visitor. She married her U.S. Citizen husband in September 2013. Her authorized stay period expired at the time of her marriage. Due to her overstay, our client was placed in removal proceedings in December 2013.  She retained our office in January 2014 for legal assistance in her removal proceedings representation and I-130 filing. 

On November 5, 2015, the USCIS Cleveland office denied our client’s I-130 petition not because of his current marriage, because of her first marriage to a US Citizen. Before and at the interview itself, extensive evidence of bona fide marriage covering 2 years of marriage were submitted. The couple was able to answer a majority of the questions in the two and half hour interview, and the grounds and discrepancies relied upon by the USCIS in denying the I-130 compared to the majority and relevance of the correctly answered questioned together with the extensive evidence was relatively minor. A majority of the questions were also about her first marriage. 

In response to this denial decision, we timely filed a Notice of Appeal to the Board of Immigration Appeals from a decision of a USCIS officer on December 5. Eventually, on July 8, 2016, the BIA found that a remand is warranted for our client’s case.  As a result, on September 26, 2017, our client and her U.S. Citizen husband appeared at the USCIS Cleveland Field Office for another I-130 follow-up interview after this case was remanded to the USCIS. 

Even after the second interview, the I-130 remained pending without any issuance of an RFE or Notice of Intent to Deny. In the meantime, we filed Motions for Continuances for her Master Calendar hearings based on the pending I-130 petition. The Cleveland Immigration Court kept granting our Motions. The USCIS Cleveland Field Office finally approved our client’s I-130 petition on January 23, 2018. 

Once the I-130 petition is approved, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the Cleveland Immigration Court.

On April 8, 2021, Attorney Sung Hee (Glen) Yu represented our client at her Individual Hearing for adjustment of status.  After the hearing, the Immigration Judge granted our client’s adjustment of status application.  Our client’s removal case was terminated simultaneously. Now, our client is a green card holder.   

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CASE: I-130/I-485

NATIONALITY: Philippines

LOCATION: Richmond, TX

Our client came from the Philippines on a J-1 in September 2015 to work as a teacher. She was subject to the two-year foreign residency requirement. 

In June 2017, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

On December 3, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On June 12, 2019, our office sent our client’s apostilled materials to the Waiver Review Committee in Manila, Philippines.  The Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On September 24, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 26, 2019, the USCIS issued an I-612 approval notice for the waiver. 

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-485 Adjustment of Status Application on December 4, 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 through conference calls. On April 1, 2021, our client was interviewed at the Houston, Texas USCIS office.  The interview went well, and eventually, on April 2, 2021, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: British

LOCATION: Renton, WA

Our client came to the United States from the United Kingdom on a J-2 visa in September 1996. Since then, he has remained in the United States.  He married a U.S. Citizen in January 2018 and retained our office on January 23, 2019, for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 8, 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 March 31, 2021, our client was interviewed at the Seattle, WA USCIS office. Eventually, on the same day of his interview, his green card application was approved.

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CASE: I-751

APPLICANT: Chinese

LOCATION: Cleveland, OH

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

She is from China and she married a U.S. citizen in August 2017. She obtained a 2-year conditional green card in August 2018. Her conditional residency terminated in August 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 June 30, 2020. On July 8, 2020, our office filed the I-751 application to the USCIS. There was no RFE. On March 24, 2021, the USCIS approved our client’s I-751 application. She received her 10-year green card.

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CASE: I-751

APPLICANT: Iranian

LOCATION: Cleveland, OH

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

He is from Iran and he  married a U.S. citizen in January 2018. He obtained a 2-year conditional green card in August 2018.  His conditional residency terminated in August 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 June 12, 2020. On June 23, 2020, our office filed the I-751 application to the USCIS. There was no RFE. On March 18, 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: Cambodian

LOCATION: Cleveland, OH

Our client contacted our office in December of 2018 regarding her I-751 application.

She is from Cambodia and married a U.S. citizen in July 2016. Through her marriage, she obtained a 2-year conditional green card in February 2017.  Her conditional residency terminated in February 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 December 18, 2018.

On December 19, 2018, our office filed the  I-751 application to the USCIS. 

Mother later, the USCIS issued a Request for Evidence (RFE). We filed an extensive Response to RFE on January 5, 2021.  

Eventually, on March 16, 2021, the USCIS approved our client’s I-751.

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CASE: I-751

APPLICANT: Chinese

LOCATION: Kent, OH

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

She is from China and she married a U.S. citizen in May 2018. She obtained a 2-year conditional green card in September 2018.  Her conditional residency terminated in September 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 June 9, 2020, our office filed an I-751 application to the USCIS. On March 10, 2021, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE). 

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CASE: I-751

APPLICANT: Indian

LOCATION: McKinney, TX

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

He is from India and he married a U.S. citizen in May 2017. Through his marriage, he obtained his 2-year conditional green card in January 2019. Thus, his conditional residency terminated in January 2021. 

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

On November 2, 2020, our office filed an I-751 application to the USCIS. On March 4, 2021, the USCIS approved our client’s I-751 application without any RFE.

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CASE: I-751

APPLICANT: Indian

LOCATION: Chagrin Falls, OH

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

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

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 June 1, 2020, 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 February 26, 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-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Kenyan
LOCATION: Somerset, NJ

Our client contacted our office in May of 2018 regarding I-751 application.  She is from Kenya and she married a U.S. citizen in June 2015. Through her marriage, she obtained a 2-year conditional green card in October of 2016. Her conditional residency terminated in October 2018. 

Unfortunately, during their marriage, our client and her ex-husband went through struggles. Therefore, they started to live separately and their divorce proceeding was initiated. Thus, our client could not proceed with the I-751 joint filing with her ex-husband. So we requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On June 7, 2018, our office filed the I-751 application with various supporting documents (over 30 exhibits and an affidavit over 6 pages) to demonstrate our client’s bona fide marriage with her ex-husband). 

In July 2019, the USCIS issued a Request for Evidence (RFE), requesting more bona fide marital evidence with her ex-husband. Our office prepared and filed the Response to RFE on July 15, 2019.  

In January 2021, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference calls about potential issues at the interview. On February 24, 2021, our client was interviewed for her I-751 application at the USCIS Mount Laurel, NJ Field Office. The interview was very extensive and the officer questioned her a lot about the nature of her marriage with her ex-husband.  Nevertheless, the USCIS approved her I-751 application on February 25, 2021. Now, she has her ten-year green card.

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