CASE: I-751

APPLICANT: Filipina

LOCATION: New York, NY

Our client contacted our office in March of 2017 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen. Through her marriage, she obtained a 2-year conditional green card in June of 2015. Thus, her conditional residency terminated in June 2017.

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 on March 6, 2017, and our office prepared an I-751 application for our client with other supplemental exhibits.

On April 11, 2017, 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 leasing documents, joint tax documents, and photos of our client and her spouse to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. Eventually, on May 21, 2018, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE).

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nepalese                                                                                                    

LOCATION: Cleveland, Ohio

Our client is from Nepal who came to the U.S. on a F-1 student visa in 2014. In December 2017, our client married her current U.S. citizen husband.  After she got married, she 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 January 19, 2018.  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 at our office as well. On May 9, 2018, our client was interviewed at the Cleveland Ohio USCIS office. On May 15, 2018, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Syrian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Syria who came to the U.S. on a J-1 exchange visitor’s visa to pursue his neurology research. His J-1 program was not subject to the INA 212(e) two year foreign residency requirement. In September 2017, our client married his current U.S. citizen wife.  He retained our office on October 2, 2017 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 27, 2017. 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 at our office. On May 14, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients at their interview as well.  Eventually, on May 15, 2018, his green card application was approved.

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CASE: I-130 / I-485 / J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Honduran

LOCATION: Missouri

Our client is a citizen of Honduras who came to the U.S. on a J-2 Visa in August 1991.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas. After his father’s J-1 program was completed, his family remained in the United States.

He turned 21 in December 2000. He has U.S. citizen fiancé who can file I-130 petition for him after their marriage is entered. However, because of his two-year foreign residency requirement, our client cannot file his adjustment of status application in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in December 2000.

Our firm was retained to do his J-2 waiver, and on March 10, 2017, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on March 27, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On April 5, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request. After his J-2 waiver was approved, he married his U.S. citizen fiancé.

Once his J-2 waiver was approved, our client retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on December 22, 2017.  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 15, 2018, our client was interviewed at the Kansas City, MO USCIS office.  The interview went well, and eventually, on the same day of the interview, his green card application was approved.

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CASE: I-130 and Consular Processing
CLIENT: US Citizen Petitioner; Filipino Beneficiary
LOCATION: Petitioner: New Mexico; Beneficiary: Manila, Philippines

Our client is a U.S. citizen who married a Filipina lady in New Mexico in 2015. As our previous success story shows, our client’s Filipina wife got her green card through our office’s legal assistance in November 2015.  

Our client’s wife has a son in the Philippines.  Thus, after his wife got her green card, our client decided to petition for his step-son in the Philippines for an immigrant visa. He contacted our office again in November 2015 and retained our office to help bring his step-son to the States.  It is important to note that an alien cannot adjust his or her status (get a green card) outside the U.S. by filing an I-130 and I-485 simultaneously. Since the client’s step-son was not in the United States, our office promptly filed the I-130 petition to the USCIS first on December 13, 2016.

After the I-130 was filed, everything went smoothly and the receipt notices came on time. The I-130 Petition was approved by the USCIS on December 1, 2017. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on January 8, 2018, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client’s step-son. On March 19, 2018, the beneficiary went to his interview in Manila. Eventually, on April 16, 2018, the U.S. Embassy in the Philippines approved and issued his immigrant visa.

With the approved Immigrant visa, our client’s step-son can come to the United States immediately, and he will get his green card.

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

CLIENT: Nigerian

LOCATION: Cincinnati, OH

Our client came from Nigeria on a J-1 exchange visitor’s visa and currently does her research in the United States. She married (same-sex) her U.S. Citizen spouse in October 2017 in New York.

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.

Our client contacted our office and retained us on October 4, 2017 for her 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 January 4, 2018. 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 1, 2018, our clients appeared at USCIS Cincinnati Field Office for the interview. The interview went well and our client’s green card application was approved on the same day of her interview.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Korean

LOCATION: Newark, NJ

Our client is from South Korea who came to the U.S. on an H-1B visa. In April 2015, our client married his current U.S. citizen wife.  He retained our office for his green card application in April 2017. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 11, 2017.  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 April 17, 2018, our client was interviewed at the Newark NJ USCIS office.  Eventually, on the same day of the interview, his green card application was approved.

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CASE: Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Daughter; Mexican Beneficiary Mother in Mexico

LOCATION: Petitioner: Cleveland, OH; Beneficiary: Ciudad Juarez, Mexico

IV APPROVED: April 9, 2018.

Our U.S. Citizen client retained us to bring her mother over from Mexico. She retained our office in February 2017, and our office prepared and filed the I-130 petition for her mother on April 11, 2017. This I-130 Petition was approved by the USCIS on September 20, 2017. Once the I-130 petition was approved, we then started the immigrant visa processing phase of trying to get her mother over to the United States.

On November 7, 2017, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate General in Ciudad Juarez, Mexico. An interview notice was set for our client’s mother at the U.S. Consulate General in Ciudad Juarez, Mexico, and we prepared her for her interview.  She did her interview on April 4, 2018, and the U.S. Consulate General approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother 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: Palestinian

LOCATION: Akron, OH

Our client contacted our office in September of 2016 regarding her I-751 application.

She is from Palestine and she married a U.S. citizen. Through her marriage, she obtained a 2-year conditional green card in December of 2013.  Her conditional residency terminated in December 2015.

To comply with immigration requirements, our client and her husband should have filed an I-751 Joint Petition to Remove Conditions before December 2015. However, due to financial and health related reasons, they could not file the I-751 application on time.

The USCIS still allows the I-751 applicant to file his or her I-751 application as long as there is a good cause for the late filing. She retained our office on September 8, 2016 and our office prepared an I-751 application for our client with bona fide marriage evidence and a letter to explain their late filing.

On September 28, 2016, our office filed an I-751 application to the USCIS with affidavits of applicant and her husband to explain their late filing and other joint documents to demonstrate the bona fideness of their marriage.

There was no RFE issuance or interview request for our client’s I-751 application. As a result, on March 21, 2018, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Cote D’Ivoire                                                                                                        

LOCATION: Cleveland, OH

Our client is from Cote D’Ivoire who came to the U.S. on a F-1 Student Visa in October 2013 to pursue his undergraduate degree in United States.  In May 2017, our client married his current U.S. citizen wife.  He retained our office for his green card application in August 2017. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on December 21, 2017. 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 at our office as well. On March 13, 2018, our client was interviewed at Cleveland USCIS office. Attorney Sung Hee (Glen) Yu also accompanied our clients as well.  Eventually, on March 20, 2018, his green card application was approved.

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