CASE: Marriage-Based Adjustment of Status

CLIENT: Filipino

LOCATION: Cleveland, OH

Our Filipino client came to the United States on a B-2 visitor’s visa in June 2011. He married a U.S. Citizen in January 2015 and retained our office on February 5, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 11, 2015.  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 May 21, 2015, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on June 4, his green card application was approved.CASE: Marriage-Based Adjustment of Status

CLIENT: Filipino

LOCATION: Cleveland, OH

Our Filipino client came to the United States on a B-2 visitor’s visa in June 2011. He married a U.S. Citizen in January 2015 and retained our office on February 5, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 11, 2015.  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 May 21, 2015, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on June 4, his green card application was approved.

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CASE: I-751

APPLICANT: Korean

LOCATION: Cleveland, OH

Our client contacted our office in late September of 2014 regarding his I-751 application.

He is from South Korea and married a U.S. citizen in December 2011. Through his marriage, he obtained a 2-year conditional green card in November of 2012. Our office helped him with his green card application.  His conditional residency terminated in November 2014.

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 October 1, 2014 and our office prepared an I-751 application for our client with other supplemental exhibits.

On October 2, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, joint leasing documents, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued a Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with his wife. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on April 29, 2015.

Nonetheless, the USCIS scheduled an interview for our client and his wife. On June 4, 2015, our client and his wife were requested to appear for an interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared them thoroughly in our office and also accompanied them at the interview as well. The interview went well, and as a result, on the same day of the interview, the USCIS approved our client’s I-751 application.

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CASE: I-751

APPLICANT: Bangladeshi

LOCATION: New York

Our client contacted our office in October of 2014 regarding her and her daughter’s I-751 applications.

Our client is from Bangladesh and she married a U.S. citizen in July 2012. Through her marriage, she obtained a 2-year conditional green card in November of 2012. Her minor daughter also got a green card when our client got her green card. Her conditional residency terminated in November 2014.

To comply with immigration requirements, our client and her husband should have filed an I-751 Joint Petition to Remove Conditions before November 2014. She retained our office on October 14, 2014 and our office prepared an I-751 application for our client and her daughter with bona fide marriage evidence.

On October 27, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint tax records, joint lease, joint bank statements, joint insurance, utility bills, and photos of our client and her husband 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 June 1, 2015, the USCIS approved our client’s and her daughter’s I-751 applications and they received their 10-year green cards.

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CASE: I-751

APPLICANT: Turkish

LOCATION: New Jersey

Our client contacted our office in September of 2014 regarding her I-751 application.

She is from Turkey and she married a U.S. citizen in February 2010. Through her marriage, she obtained a 2-year conditional green card in June of 2011.  Her conditional residency terminated in June 2013.

To comply with immigration requirements, our client and her husband should have filed an I-751 Joint Petition to Remove Conditions before June 2013. However, due to financial and health related reasons, they could not file the I-751 application on time.

However, the USCIS still allows I-751 applicants to file late as long as there is a “good cause” for the late filing. She retained our office on October 1, 2014 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 October 17, 2014, 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 May 27, 2015, 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

CLIENT: Japanese

LOCATION: Cleveland, OH

Our Japanese client came to the United States on a J-1 exchange visitor visa to teach Japanese in the United States. She was not subject to the two-year foreign residency requirement. She married a U.S. Citizen in December 2014 and retained our office on February 1, 2015 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 19, 2015.  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 May 15, 2015, our client was interviewed at the Cleveland, OH USCIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. On May 27, 2015, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Lithuanian

LOCATION: Cleveland, OH

Our Lithuanian client came to the United States on a B-2 visitor’s visa in 2011. She married a U.S. Citizen in February 2015 and retained our office on March 1, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on March 2, 2015.  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 May 21, 2015, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on the same date of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Miami, FL

Our Filipina client came to the United States on a B-2 visitor visa in June 2014. Later, she married a U.S. Citizen in September 2014 and retained our office on September 29, 2014 for her green card application. Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 26, 2014.  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 as well. On March 2, 2015, our client was interviewed at the Miami, FL USCIS office.

However, after the interview, the USCIS officer requested more evidence to show the bona fide nature of our client’s marriage to her U.S. citizen husband. With our guidance, our client prepared and submitted more evidence to show  the bona fide nature of her marriage. Eventually, on May 11, 2015, the USCIS approved our client’s I-485 adjustment of status application. Now, she is a green card holder. 

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CASE: Adjustment of Status Based on Approved K-1 Visa
CLIENT: Chinese
LOCATION: Columbus, OH

Our client came to the United States in March 2014 as a K-1 visa entrant from China.  Our client is a beneficiary of an approved I-129F petition and came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of entry.  By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible for adjustment of status.   

Our client contacted our office initially in the middle of May 2014 and consulted with us for her adjustment of status application.  Eventually, she retained our office, and our firm quickly prepared and filed the I-485 Adjustment of Status Application on June 6, 2014 a few days before her K-1 authorized stay period expired.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  Her Work Authorization Card was issued as well.

It is not mandatory for having an adjustment interview for an adjustment applicant based on K-1 visa entry.  However, the USCIS may require an interview to test the validity and bona fide nature of marriage between the Petitioner and Beneficiary.  Fortunately, the USCIS did not ask for an adjustment interview for our client.  On December 4, 2015, her green card application was approved.

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CASE:  I-485 Adjustment of Status / I-360 Special Immigrant Juvenile Status Petition

CLIENT: Guatemalan

LOCATION: Cleveland, OH

Our client came to the United States in September 2012 from Guatemala. He came to the United States without inspection and admission and was caught at the border. After that the DHS released him, but he was placed in removal proceedings. He came to Cleveland, OH to be reunited with his older brother who resides in the Cleveland area.

He retained our office in April 2013 for representation at his deportation proceedings. On June 4, 2013, our client appeared at the Cleveland Immigration Court for his master calendar hearing. Attorney Yu from our office represented him, did pleadings and sought asylum relief. After the hearing, our office also sought other options for our client since he was a minor.

Section 203(b)(4) of the INA allocates a percentage of immigrant visas to individuals considered “special immigrants” under section 101(a)(27) of the INA, including those aliens classified as special immigrant juveniles under Section 101(a)(27)(J). “Special Immigrant Juvenile” includes only those juveniles deemed eligible for long-term foster care based on abuse, neglect, or abandonment.  To be eligible as a SIJ, the DHS’ express consent to the juvenile court’s dependency order is required. Then, the approved SIJ petition (Form I-360) makes a minor petitioner immediately eligible to adjust status by filing an adjustment of status application.

Our client was 17 years old when he contacted our office. In fact, our client was not supported by his parents and had to work in farms to support himself since he was 8 years old in Guatemala. Our client’s sister-in-law, who is a U.S. citizen and lives with our client, would like to be a legal guardian of our client. With our help, she filed a complaint for him to be deemed a neglected child to Cuyahoga County Juvenile Court on October 10, 2013.

The Juvenile court hearing was scheduled on November 26, 2013. Attorney JP Sarmiento represented our client and his sister-in-law at the hearing. Eventually, on the same day, the court found that our client is neglected and dependent and our client’s sister-in-law was appointed legal guardian.

After that, our office filed an I-360 application on December 2, 2013 to the USCIS. The application was supported by a court order declaring dependency by the juvenile court, court order deeming the juvenile eligible for long-term foster care due to abuse, neglect, or abandonment, determination from the juvenile court that it is in our client’s interest not to be returned to Guatemala, and his birth certificate.

Our client appeared for his I-360 interview on January 10, 2014 at the Cleveland USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. However, after the interview, the USCIS issued the Notice of Intent to Deny.  Specifically, the USCIS alleged that the juvenile court’s order was not sufficient enough to adjudicate his I-360 petition because the juvenile court did not expressly declare that it is in our client’s interest not to be returned to Guatemala.

After the issuance of the NOID, our office contacted the juvenile court and sought for possible amendment of the judge’s decision. In response to our request, the juvenile court issued an amended decision and held that the sentence regarding the child’s best interests was omitted. The court found that it is not in the best interests of our client to be returned to Guatemala. Our office filed the response to the NOID on February 3, 2014 along with juvenile court’s new decision. Nevertheless, the USCIS approved our client’s I-360 petition on February 19, 2014.

Once his I-360 petition was approved, our office prepared and filed a request to join in a Motion to Terminate to USICE-DHS in Cleveland Office in April 2014. The DHS agreed with our motion, and on December 17, 2014, the Immigration Judge granted our Joint Motion to Terminate proceedings.

After his removal proceedings were terminated, our firm prepared and filed an I-485 adjustment of status application on March 3, 2015. 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 through conference calls. On April 27, 2015, our client was interviewed at the Cleveland USCIS Field Office. The interview went well, and on April 28, 2015, the USCIS approved our client’s adjustment of status application. Now, our client is a green card holder. 

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

CLIENT: Filipina

LOCATION: Irvine, CA

Our client retained us to petition his mother for a green card. Our client was born and raised in the Philippines, but was naturalized in the United States in 2014 through our firm’s legal assistance. He contacted our office in late April of 2014 and discussed with us the green card process for his mother. After consultation, he retained our office again on May 1, 2014.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 23, 2014. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Eventually, on April 20, 2015, our client’s mother’s adjustment of status application was approved. Now, she is a green card holder

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