CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: Wickliffe, OH

Our client came to the United States from India on a F-1 student’s visa. He married a U.S. Citizen in June 2020 and retained our office on July 13, 2020 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 21, 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 February 18, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients. The green card application was approved on the same day.

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Case: I-130/I-485
Issue: Visa Waiver Entry
Applicant/Beneficiary – Italian
Location: Weston, CT

Our client entered the United States in December 2019 from Italy 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 to U.S. Citizen in September 2011 in Italy. One main 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.

Our client contacted our office for consultation and retained our office on January 13, 2020 for her adjustment of status application. Our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 11, 2020. Our office requested the CIS to exercise favorable discretion in granting adjustment of status despite her visa waiver entry.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients. On February 16, 2021, our client was interviewed at the Hartford, Connecticut USCIS Field Office. Despite the visa waiver entry and subsequent adjustment of status issue, the USCIS officer approved her green card application on the same day.

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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: Marriage-Based Adjustment of Status

CLIENT: Egyptian

LOCATION: Indianapolis, IN

Our client came to the United States from Egypt on an F-1 visa. He married a U.S. Citizen in November 2018 and retained our office on December 10, 2019, for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 12, 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 November 10, 2020, our client was interviewed at the Indianapolis, IN USCIS office. On February 8, 2021, his green card application was approved.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Westlake, OH

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

She is from the Philippines and she married her U.S. citizen spouse in May 2016. She obtained her conditional green card in February 2017.  She retained our office on November 5, 2018.

On December 4, 2018, our office filed the I-751 application to the CIS. They issued an RFE and we responded on January 12, 2021. On February 11, 2021, the USCIS approved our client’s I-751 application.

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CASE: I-751

APPLICANT: Mexican

LOCATION: Fairview Park, OH

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

He is from Mexico and he married a U.S. citizen in May 2017. Through his marriage, he obtained a 2-year conditional green card in July 2018.  His conditional residency terminated in July 2020.

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

On April 10, 2020, our office filed an I-751 application to the USCIS. There was no RFE or interview at all. On January 26, 2021, the USCIS approved our client’s I-751 application.

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CASE: I-751

APPLICANT: Nigerian

LOCATION: Austintown, OH

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

He is from Nigeria and he married a U.S. citizen. Through his marriage, he obtained his 2-year conditional green card in July of 2017. He retained our office on March 21, 2019. 

On April 26, 2019, our office filed an I-751 application to the USCIS. In January 2021, the USCIS scheduled an interview for our client and his wife. Prior to the interview, our office prepared them thoroughly via conference. The interview went well an on February 4, 2021, the same day of the interview, the I-751 was approved. 

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CASE: I-751

APPLICANT: Indian

LOCATION: Brooklyn, OH

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

He is from India and he married a U.S. citizen. He obtained a 2-year conditional green card in December 2017. 

On September 20, 2019, we filed the I-751 application. 

In January 2021, the USCIS scheduled an interview for our client and his wife. Attorney Sung Hee (“Glen”) Yu from our firm accompanied them at the interview. The interview went well and on February 9, 2021, the same day of the interview, the I-751 was approved.

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CASE: I-751

APPLICANT: Moroccan

LOCATION: Kent, OH

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

He is from Morocco and he married a U.S. citizen in November 2017. Through his marriage, he obtained a 2-year conditional green card in August of 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 April 1, 2020. 

On May 5, 2020, our office filed the I-751 application to the USCIS On February 3, 2021, with an interview or RFE, the USCIS approved our client’s I-751 application. Our client received his 10-year green card.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Colombian

LOCATION: Wadsworth, OH

Our client came to the United States from Colombia on a J-1 exchange visitor’s visa. He married a U.S. Citizen in May 2020 and retained our office on June 24, 2020 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment 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 via conference calls. On February 4, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients. His green card application was approved on the same day.

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