CASE: Marriage-Based Adjustment of Status

CLIENT: Venezuelan

LOCATION: Lakewood, OH

Our client came from Venezuela and came to the U.S. as a J-1 researcher. Her J-1 status made her subject to the two-year foreign resident requirement. Our client would like to file her adjustment of status application along with her U.S. Citizen husband’s I-130 petition; however, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under the No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for her programs which made her case pretty much impossible for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue her J-1 waiver based on exceptional hardship. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After she retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On March 15, 2018, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen husband’s medical conditions.  On March 20, 2018, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s husband would experience exceptional hardship if our client needs to go back to Venezuela for two years. Eventually, the USCIS approved his I-612 waiver on August 19, 2019.  

After 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 October 1, 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 August 24, 2020, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. The interview went well, and eventually, on August 25, 2020, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ivorian

LOCATION: Streetsboro, OH

Our client came to the United States from Ivory Coast on a F-1 student’s visa. He married a U.S. Citizen in July 2019 and retained our office on August 28, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October September 20, 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 as well. On August 21, 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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Case: I-130/I-485
Applicant/Beneficiary – British
Location: Parma, OH

Our client entered the United States in April 2019 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States only for 90 days.  She has a  U.S. citizen husband whom she married in August 2018. After she last entered the United States in April 2019, she had not left. 

In June 2019, they contacted our office to consult about the adjustment of status process. After the consultation, they retained our office on June 6, 2019.  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 office filed the I-130 Petition and I-485 Adjustment of Status Application on July 20, 2019.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared our clients at our office. On July 27, 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 her adjustment of status application on August 13, 2020.  She is now a green card holder. 

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CASE: I-130 and Consular Processing (Immigrant Visa)

 CLIENT: US Citizen Petitioner Husband; Chinese Beneficiary Wife in China

 LOCATION: Petitioner: Cleveland, Ohio; Beneficiary: China

 I-130 FILED: October 10, 2017

 I-130 APPROVED: March 4, 2019

 IV APPROVED: August 5, 2020

Our client retained us to bring his wife over from China. He was born and raised in China, but was naturalized in the United States.

On October 10, 2017, our firm filed the I-130 Petition to the CIS. On March 4, 2019, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get his wife over to the United States.

On January 17, 2020, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s spouse at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On August 5, 2020, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s spouse can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Jersey City, NJ

Our client contacted our office in August of 2019 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in November 2016. Through her marriage, she obtained a 2-year conditional green card in December 2017.  Her conditional residency terminated in December 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 August 6, 2019, and our office prepared an I-751 application for our client with all supporting documents.

On September 19, 2019, 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 July 24, 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 Green Card (Same Sex Marriage Case)

CLIENT: Filipino

LOCATION: Philadelphia, PA

Our client came to the United States from the Philippines on a J-1 exchange visitor’s visa. He got his J-1 waiver for his two-year foreign residency requirementl.  In May 2018, he married his U.S. Citizen same-sex spouse in Philadelphia, Pennsylvania. 

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 Pennsylvania where same-sex marriages iares recognized. Our client contacted our office and retained us in April 2019 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 July 3, 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 July 29, 2020, our client was interviewed at the Philadelphia, PA USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: I-360 Petition

NATIONALITY: Iraqi

LOCATION: California

Our Iraqi client came to the U.S. in June 2016 on a J-1 exchange visitor’s visa. With our firm’s assistance, he got his J-1 hardship waiver.  In April 2018, he contacted our office to seek legal representation for his I-360 VAWA petition. 

Our client experienced domestic violence and spousal abuse during his marriage. His wife physically and mentally abused our client after the inception of their marriage. Thus, we prepared and filed his VAWA I-360 petition, which included numerous exhibits and a detailed affidavit to the USCIS Vermont Service Center on June 8, 2018.

On December 10, 2019, the USCIS issued a Request for Evidence (RFE). The USCIS requested our client to submit documents to demonstrate his good moral character. He obtained several third-party affidavits and a California police criminal record. Our office filed the Response to RFE on February 28, 2020.  Eventually, on July 14, 2020, the USCIS Vermont Service Center approved our client’s I-360 petition.

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CASE: I-751

APPLICANT: Honduran

LOCATION: Piqua, OH

Our client contacted our office in July of 2019 regarding her and her daughter’s I-751 applications.

She is from Honduras and she married a U.S. citizen. Through her marriage, she and her daughter obtained a 2-year conditional green card in August of 2017. Thus, their conditional residency terminated in August 2019. 

To comply with immigration requirements, our client and her spouse had to file an I-751 Joint Petition to Remove Conditions. She retained our office, and our office prepared an I-751 application for our client and her daughter with all supporting documents.

On July 25, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint tax documents, and photos of our client and her spouse in various occasions to demonstrate the bona fideness of their marriage.

After the application was filed, we obtained the receipt notice and the fingerprint within 2 weeks. Eventually, on July 9, 2020, the USCIS approved our client’s I-751 application without any RFE.

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CASE: I-130 RFE Response

LOCATION: Petitioner: Selma, AL; Beneficiaries: India

Our client is a US permanent resident who married an Indian lady in India.  Thereafter, he filed an I-130 petition on behalf of his wife for her immigrant visa. He filed the  I-130 in March 2018 by himself; however, the USCIS issued a RFE in late December 2019. The RFE request for bona fide evidence between his (the petitioner) and his EX-wife, as well as his current wife. Upon the issuance of the RFE, our client contacted our firm and sought our legal assistance.  He retained our office immediately, and our office started to work on the Response to RFE for his wife.    

Our office filed the Response to RFE on March 10, 2020.  In the Response brief, our office fully explained that the marriage between our client and his wife, as well as his ex-wife, are bona fide. We also submitted a substantial amount of bona fide marital evidence for both marriages. Also, we explained that the Petitioner’s previous marriage with his US citizen ex-wife was not entered into for the purpose of evading immigration laws. 

Eventually, on June 17, 2020, the USCIS approved our client’s I-130 petition for his wife in India. Now, he can start consular processing for his wife’s immigrant visa. 

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Chinese

LOCATION: Palisades Park, NJ

Our client contacted our office in early October 2018 regarding his I-751 filing. He came to the United States from China and he married a U.S. Citizen (his ex-wife) in August 2016. Through his marriage, he was able to obtain a 2-year conditional green card in August of 2017. His conditional residency terminated in August 2019. However, our client experienced a lot of difficulties in his marital life with his ex-wife. Unfortunately, their marriage ended in May 2019.  Thus, our client could not file the I-751 application jointly with his ex-wife.

After our office was retained, we prepared a waiver of the joint filing requirement because our client entered into marriage in good faith, but the marriage was terminated through divorce. We focused on the supporting documents that he can show and helped him draft an extensive and detailed affidavit about their marriage, and why it ended the way it did.

On August 5, 2019, our office filed the I-751 application with various supporting documents (including an affidavit over 7 pages) to demonstrate our client’s bona fide marriage with his ex-wife. Eventually, the USCIS approved our client’s I-751 application on June 8, 2020 without any RFE or interview. Now, he has his ten-year green card.

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