CASE: Marriage-Based Adjustment of Status

NATIONALITY: Jamaican                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from Jamaica who came to the U.S. on a B-2 visitor’s visa in August 2010. Since then, she has remained in the United States after her authorized stay period expired.  In June 2015, our client married her current U.S. citizen husband.  She retained our office in November 2016 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 17, 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 July 21, 2017, 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 the interview, her green card application was approved.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Moldovan
LOCATION: Cleveland, OH

Our client came to the United States on a valid J-1 visa from Romania in June 2007. He remained in the United States for a time longer than permitted. Later, he was placed in deportation proceedings due to his overstay and a Notice to Appear was issued. His asylum relief was denied by the Immigration Judge in April 2012, but an appeal was timely filed.  The BIA appeal was pending when our client contacted our office in March 2014.

While the BIA appeal was pending, our client married his U.S. citizen wife in February 2013. His wife filed an I-130 petition for our client on March 7, 2013.  He contacted our office for legal assistance for a Motion to Remand and possible adjustment of status if the Motion is granted.  We explained to him that the Motion to Remand procedure and he retained our office on April 8, 2014. On April 17, 2014, we prepared and filed a Motion to Remand for Adjustment of Status Based on a Pending I-130 on behalf our client. You typically want the I-130 to be approved prior to filing the Motion to Remand, but by submitting the actual I-130 application itself and its supporting documents attached to the Motion, you can show that it is approvable.

In Matter of Coelho, 20 I&N Dec. 464, 473 (BIA 1992), the BIA found that a motion to remand must conform to the same standards as a motion to reopen, where the respondent presents new evidence which would likely change the result of the case. In a Motion to Reopen before the BIA, the Applicant must show that the evidence is material, unavailable at time of original hearing, and could not have been discovered or presented at the original hearing. 8 C.F.R. § 1003.2(c)(1). In this case, the adjustment of status relief was not available for our client at his previous hearing since he was not married his U.S. Citizen wife.  

Our office filed a Motion to Remand for Adjustment of Status based on a pending I-130 to the BIA on April 17, 2014. We argued that our client will be eligible for adjustment of status once the I-130 is approved since he had a legal entry to the U.S., has no criminal records, and has no other grounds of inadmissibility. We also attached lots of bona fide marital evidence between our client and his U.S. citizen wife to demonstrate the I-130 petition is approvable.

While his motion was pending before the BIA, he and his wife appeared for the I-130 interview on May 5, 2014. Prior to the interview, we thoroughly prepared our client at our office.  On the day of our client’s I-130 interview, our attorney accompanied them at the Cleveland, OH USCIS. The interview went well, I-130 petition was approved for our client.

On June 6, 2014, the BIA granted our motion, reopened our client’s case, and the record was remanded for further proceedings.

His case was remanded and scheduled for master calendar hearing on July 12, 2017. With the approved I-130 petition, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents on July 3, 2017. The DHS counsel in Cleveland, OH agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on July 12, 2017 hearing.  Now, he can file his I-485 adjustment of status application to USCIS to obtain his green card.

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CASE: I-130 (Petitions for Parents) and Adjustment of Status

CLIENT: Filipinos

LOCATION: Maryland

Our client retained us to petition his parents for a green card. Our client was born and raised in the Philippines, but was naturalized in the United States in 2016. He contacted our office in November 2016 and discussed with us the green card process. His parents are in the United States and have maintained their status (H-1B and H-4). After consultation, he retained our office on November 2, 2016.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 1, 2016 for his parents.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on July 12, 2017, our client’s parents’ adjustments of status applications were approved. Now, they are green card holders.

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CASE: I-130 (Petition for Father) and Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client retained us to petition his father for his green card. Our client was born and raised in China, but was naturalized in the United States in 2009. He contacted our office in March of 2017 and discussed with us the green card process. His father came to the United States from China on a B-2 visitor’s visa in December 2016. After consultation, he retained our office again on March 16, 2017.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 29, 2017 for his father.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On July 11, 2017, our client appeared at his I-485 adjustment of status interview at Cleveland, Ohio USCIS Field Office. Prior to the interview, our office prepared him at our office and also accompanied him at his interview. Eventually, on July 11, 2017, our client’s father’s adjustment of status application was approved. Now, he is a green card holder.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Romanian                                                                                                       

LOCATION: Cleveland, OH

Our client is from Romania who came to the U.S. on an H-2 visa as a seasonal worker in April 2014. In September 2015, our client married his current U.S. citizen wife.  He retained our office in February 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 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 at our office as well. On June 12, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. The interview well, and the I-130 petition was approved on the same day.

However, the USCIS Cleveland Field Office scheduled an additional interview for our client. On July 3, 2017, our client appeared at the USCIS Cleveland Field Office again for his second interview. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. During the interview, the officer asked our client regarding his H-2B work and why he left his job. Nevertheless, after the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Kenyan                                                                                                        

LOCATION: Cleveland, OH

Our client is from Kenya who came to the U.S. on a F-1 student visa to pursue his undergraduate degree. In May 2016, our client married his current U.S. citizen wife.  He retained our office in November 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 19, 2016. 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 June 30, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on July 3, 2017, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor’s visa in March 2016. Her J-1 program was not subject to the 212(e), two-year foreign residency requirement. In January 2017, our client married her current U.S. citizen husband.  She retained our office on February 15, 2017, for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 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 June 26, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu, a partner for our office also accompanied our clients as well. Eventually, on the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: South Carolina

Our client is from India who came to the U.S. on an F-1 student visa. In December 2016, our client married his current U.S. citizen wife.  He retained our office in February 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 27, 2017. 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 via conference call as well. On June 20, 2017, our client was interviewed at the Greer, South Carolina USCIS office. Eventually, on June 23, 2017, his green card application was approved.

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CASE: Marriage Based Adjustment of Status (I-130/I-485)

NATIONALITY: Iranian

LOCATION: Atlanta, Georgia

Our client was a citizen of Iran who came to the U.S. on a J-2 Visa in October 2006.  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 our client came to the United States, he has remained in the United States beyond the expiration of his authorized stay period.  He turned 21 in 2011.  Later, our client married his current U.S. citizen wife in September 2015. He would like to get a waiver because he can get a green card based on his U.S. citizen wife’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot change his status 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 2011.

Our firm was retained to do his J-2 waiver, and on May 26, 2016, 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 June 20, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  

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 August 23, 2016.  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 June 13, 2017, our client was interviewed at the Atlanta, Georgia USCIS office.  The interview went well, and eventually, on June 21, 2017, his green card application was approved.

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CASE: I-751

APPLICANT: Filipina

LOCATION: North Carolina

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

She is from the Philippines and she married a U.S. citizen in December 2013. Through her marriage, she obtained a 2-year conditional green card in June of 2014. Our office helped her in the green card process.  Her conditional residency terminated in June 2016.

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 7, 2016, and our office prepared an I-751 application for our client with other supplemental exhibits.

On June 17, 2016, 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, 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 two weeks later. Eventually, on June 2, 2017, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE).

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