CASE: F-2A Category (Spouse of LPR) Green Card

CLIENT: Korean

LOCATION: Edgewater, NJ

Our client came to the United States from South Korea as a F-1 student. Later, she married her current husband, who is a green card holder, in January 2018

Our client retained our office in January 2018 for her I-130 petition. Our office prepared and filed an I-130 petition on August 22, 2018.  We could not file her I-485 adjustment of status application since the visa number was not available. 

In June 2019, her visa number became available. Though her I-130 petition was still pending, our office filed the I-485 adjustment of status application together with all necessary supporting documents on June 7, 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 September 3, 2020, our client was interviewed at the Newark, NJ USCIS office.  Eventually, on October 6, 2020, her green card application was approved.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: Waukegan, IL

Our client contacted our office in September of 2018 regarding a response to the RFE for her I-751 filing. She is from the Philippines and she married a U.S. citizen in February 2013. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in February of 2015. Therefore, her conditional residency terminated in February 2017. She filed the I-751 with her husband in November 2016. However, she got an RFE from the USCIS.

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They lived separately for a while and their divorce proceeding was initiated. Our client could not proceed with the I-751 joint filing with her ex-husband. After consultation, we advised that we can respond to the RFE and convert her application to one with a waiver of the joint filing requirement. We requested a waiver because our client entered into marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On October 23, 2018, our office filed the Response to RFE with a conversion request from joint to waiver. The response had various supporting documents (over 15 exhibits and an affidavit over 6 pages) to demonstrate our client’s bona fide marriage with her ex-husband.  

In September 2020, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference call with potential issues at the interview. On September 29, 2020, our client was interviewed for her I-751 application at the USCIS Chicago, IL Field Office. The interview was very extensive and the officer questioned her a lot.  Nevertheless, the USCIS approved her I-751 application on October 9, 2020. Now, she has her ten-year green card.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Japanese

LOCATION: New York, NY

Our client came to the United States from Japan and has worked as an engineer on his H-1B visa. He married a U.S. Citizen in June 2019 and retained our office on June 26, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 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 September 30, 2020, our client was interviewed at the New York, NY USCIS office. Eventually, on the same day of the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status (F-2A – Spouse of Green Card Holder)

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India and worked as a consultant on an H-1B visa. He married a U.S. green card holder in March 2020 and retained our office on March 29, 2020, for his green card application.  Since visa numbers were available for the F-2A category, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 1, 2020 simultaneously.  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 September 25, 2020, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of the interview, his green card application was approved.

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

CLIENT: Filipino

LOCATION: Eagle Butte, SD

Our client came to the United States from the Philippines on a J-1 exchange visitor’s visa.  In December 2016, he married his U.S. Citizen same-sex spouse in South Dakota.  

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 South Dakota where same-sex marriage is recognized. Our client contacted our office and retained us on August 26, 2019 for his I-485 adjustment of status application. His U.S.Citizen spouse already filed an  I-130 petition for him and it was approved. However, our client waited for getting his J-1 waiver before he can file his adjustment of status application. Our firm prepared and filed the I-485 adjustment of status application together with all necessary supporting documents on January 7, 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 September 23, 2020, our client was interviewed at the Omaha, NE USCIS office. The interview went well and his green card application was approved on the same day.

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Case: I-130/I-485
Applicant/Beneficiary – Italian
Location: Strongsville, OH

Our client entered the United States in February 2020 from Italy under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  He married his U.S. citizen wife in March 2020. After he entered the United States in February 2020, he never left.  

In April 2020, they contacted our office and consulted with us regarding adjustment of status. They retained our office on April 7, 2020.  One main issue in his green card application through marriage was the fact that he 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 Strongsville, Ohio, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on April 17, 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 at our office. On September 21, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen)Yu, Esq. accompanied our clients. Eventually, the USCIS approved his adjustment of status application on the same day of the interview.  Now, our client is a green card holder. 

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CASE: Marriage-Based Adjustment of Status

CLIENT: Korean

LOCATION: Akron, OH

Our client came to the United States from South Korea on a B-2 visitor’s visa in December 2019. She married a U.S. Citizen in March 2020 and retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 10, 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 September 20, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

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CASE: I-751

APPLICANT: Korean

LOCATION: Cuyahoga Falls, OH

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

She is from South Korea and she married a U.S. citizen in September 2016. Through her marriage, she obtained a 2-year conditional green card in February of 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 11, 2018 and our office prepared an I-751 application for our client with all requirements.

On December 20, 2018, 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. 

Once the application was filed, the fingerprint notice was issued and extended our client’s LPR status. However, the USCIS issued a Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with her husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on September 3, 2020.  

Eventually, on September 23, 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: Nigerian

LOCATION: Middletown, PA

Our client came to the United States from Nigeria on a F-1 student visa. He married a U.S. Citizen in August 2019 and retained our office on September 12, 2019, for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 20, 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 September 17, 2020, our client was interviewed at the Philadelphia, Pennsylvania USCIS office. His green card application was approved on the same day.

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CASE: Marriage-Based Adjustment of Status

CLIENT: From Burkina Faso 

LOCATION: Cleveland, OH

Our client came to the United States from Burkina Faso on a F-1 student’s visa. He married a U.S. Citizen in December 2019 and retained our office on January 15, 2020 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 13, 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 September 15, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on the same day of the interview, his green card application was approved.

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