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

CLIENT: Indians

LOCATION: Westlake, OH

Our client retained us to petition for her parents for a green card. Our client was born and raised in India, but was naturalized in the United States. She contacted our office in January 2021 and discussed with us the green card process. She retained our office on January 12, 2021.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 22, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On April 1, 2022, the applications were approved. They are now green card holders.

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CASE: I-130 (Petition for Parent) and Adjustment of Status
CLIENT: Filipina
LOCATION: Laughlin, NV

Our client retained us to petition for his mother who came to the U.S. from the Philippines. Our client is a naturalized US citizen and his mother came to the United States in July 2021 with a B-2 visa from the Philippines. He contacted our office in August of 2020 and discussed with us regarding his I-130 petition and his mother’s adjustment of status application. After consultation, he retained our office on August 3, 2021. 

Our firm prepared and filed the I-130 Immigrant Visa Petition and the I-485 Adjustment of Status Application on September 9, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On March 31, 2022, our client’s adjustment of status application was approved.

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Issue: Arriving Alien / Adjustment of Status

Nationality: Chinese

Location: Cleveland, Ohio

Our client came to the United States in 1991 without any documents (such as a passport or a visa) from China.  Once he arrived at the Los Angeles International Airport, he was inspected by the DHS officer and was paroled into the United States.  He applied for asylum relief after he was paroled in, but, his asylum relief was denied by the Immigration Judge in 1993. Thus, he had a final order of removal (exclusion).  

According to 8 C.F.R 1.1, the term arriving alien means “an applicant for admission coming or attempting to come into the United States at a port-of-entry, or an alien seeking transit through the United States at a port-of-entry, or an alien interdicted in international or United States waters and brought into the United States by any means, whether or not to a designated port-of-entry. An arriving alien remains an arriving alien even if paroled pursuant to section 212(d)(5) of the Act, and even after any such parole is terminated or revoked.

Despite his final order of removal, our client remained in the United States and his biological daughter became 21 years old in 2020.  Our client consulted with our firm and retained us on August 18, 2020. 

Arriving Aliens can adjust his or her status even though they were subject to removal proceedings previously.   On May 12, 2006, the Attorney General (through the Executive Office for Immigration Review (EOIR)) and the Secretary of the Department of Homeland Security (through DHS) jointly issued an interim rule that repealed former 8 C.F.R. §§ 245.1(c)(8) and 1245.1(c)(8). These two former regulations barred all “arriving aliens” – including parolees – from adjusting to permanent resident status if they were in removal proceedings.  Additionally, the interim rule set forth new regulations governing the jurisdiction of both EOIR and USCIS over adjustment applications in general and the adjustment applications of “arriving aliens” in particular. 

The January 12, 2007 USCIS memo states that USCIS can decide an adjustment application of a parolee with a final order under these interim regulations. 

• Under the amended jurisdictional provisions of the interim regulations, USCIS has been given jurisdiction over the adjustment applications of all arriving aliens regardless of whether they are in removal proceedings, with a limited exception for certain advance parolees not relevant to this practice advisory. 

• Specifically, the amended regulations grant USCIS “jurisdiction to adjudicate an application for adjustment of status filed by any alien, unless the immigration judge has jurisdiction to adjudicate the application under 8 C.F.R. § 1245.2(a)(1).” 8 C.F.R. § 245.2(a)(1). The regulations strip an immigration judge of jurisdiction over the adjustment application of an “arriving alien” in proceedings. 8 C.F.R. § 1245.2(a)(1). Consequently, since the immigration judge does not have jurisdiction over such applications, USCIS does, in accord with this regulation. See also 92 Fed. Reg. at 27587 (explaining that one purpose of the amendments to the regulations is to make clear that USCIS has jurisdiction over the adjustment applications of “arriving aliens” in proceedings). 

Thus, our office thoroughly prepared and filed the I-130 Petition and I-485 Adjustment of Status application in accordance with the regulations on September 22, 2020.  Everything went smoothly and the receipt notices, finger print notices, and work authorization all came on time.  Prior to the interview, our office thoroughly prepared our client for their upcoming USCIS adjustment of status interview.

On May 25, 2021, Attorney Yu accompanied our client and his daughter in Cleveland USCIS office.  Though the interview went well, the USCIS issued the Request for Evidence and requested our client to submit a certified copy of our client’s marriage certificate. We submitted it on December 3, 2021. Eventually, the USCIS approved our client’s I-485 adjustment of status application on February 3, 2022. Despite being a parolee and “arriving alien” in the United States for the last 20 years, he finally is a permanent resident of the United States.  

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CASE: I-130 (Petition for Parent) and Adjustment of Status
CLIENT: Kenyan
LOCATION: Ashland, OH

Our client retained us to petition his father who came to the U.S. from Kenya. Our client is a US citizen by birth and his father came to the United States in 2003 as a F-1 visa holder. He contacted our office in February of 2021. He retained our office on February 26, 2021.  

Once retained, our firm prepared and filed I-130 Immigrant Visa Petition and the I-485 Adjustment of Status Application on March 23, 2021.  Everything went smoothly and the receipt notice, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients as well. On November 19, 2021, our client’s father was interviewed at the Cleveland, Ohio USCIS office.  Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Eventually, on the same day of the interview, the  adjustment of status application was approved.

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CASE: I-130 (Petitions for Parent) and Adjustment of Status
CLIENT: Kenyan
LOCATION: Arlington, VA

Our client retained us to petition for his father who came to the U.S. from Kenya. Our client is US citizen by birth and his father came to the United States in 2003 as a G-4 visa holder. He contacted our office in January of 2021 and discussed with us a possible I-130 petition and I-485 Adjustment of Status application for his father. He retained our office on January 31, 2021. 

Our firm prepared and filed the I-130 Immigrant Visa Petition and I-485 Adjustment of Status Application on March 4, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On October 12, 2021, the USCIS approved our client’s father’s adjustment of status application.

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

CLIENT: Filipinos

LOCATION: Bronx, NY

Our client retained us to petition her parents for a green card. Our client was born and raised in the Philippines, but was naturalized in the United States. She contacted our office in February 2021 and discussed with us the green card process. After consultation, she retained our office on February 5, 2021.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 5, 2021 for her parents.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on August 12, 2021, our client’s parents’ adjustment of status applications was approved. Now, they are green card holders.

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CASE: I-130 (Petitions for Parent) and Adjustment of Status
CLIENT: Kenyan
LOCATION: Ashland, OH

Our client retained us to petition his mother who came to the U.S. from Kenya. Our client is a US citizen by birth and his mother came to the United States in 2003 as an F-2 visa holder. He contacted our office in August of 2020. He retained us on August 7, 2020. 

Our firm prepared and filed the I-130 Immigrant Visa Petition and the I-485 Adjustment of Status Application on October 1, 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 June 24, 2021, our client’s mother was interviewed at the Cleveland, Ohio USCIS office.  Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. On the same day of the interview, our client’s mother’s adjustment of status application was approved.

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

CLIENT: Filipinos

LOCATION: Conroe, TX

Our client retained us to petition her parents for a green card. Our client was born and raised in the Philippines, but was naturalized in the United States. She contacted our office in July 2020 and discussed with us the green card process. After consultation, she retained our office on July 23, 2020.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 6, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on May 12, 2021, our client’s parents’ adjustment of status applications were approved. Now, they are green card holders.

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CASE: I-130 (Petitions for Parent) and Adjustment of Status
CLIENT: Filipina
LOCATION: Albuquerque, NM

Our client retained us to petition hi Filipino mother who came to the U.S. to visit his son. Our client was born and raised in the Philippines, but was naturalized in the United States. He filed the I-130 petition for his mother and it was approved by the USCIS in August 2020. He contacted our office in September of 2020 and discussed with us regarding his mother’s adjustment of status application. He retained our office on September 23, 2020. 

Once retained, our firm prepared and filed the I-485 Adjustment of Status Application on September 29, 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 May 4, 2021, our client’s mother was interviewed at the Albuquerque, NM USCIS office. Eventually, on May 5, 2021, the adjustment of status application was approved.

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CASE: I-130 (Petitions for Parent) and Adjustment of Status
CLIENT: Indian
LOCATION: Peninsula, OH

Our client retained us to petition for her mother who came to the U.S. from India to visit her daughter. Our client was born and raised in India, but was naturalized in the United States. She filed the I-130 petition for her mother and it was approved by the USCIS in April 2020. She contacted our office in June of 2020 and discussed her mother’s adjustment of status application. After the consultation, she retained our office on June 29, 2020. 

Once retained, our firm prepared and filed the I-485 Adjustment of Status Application on July 17, 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 May 6, 2021, our client’s mother was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our client. On the same day of the interview, the adjustment of status application was approved.

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