CASE: Adjustment of Status at Removal Proceeding
CLIENT: Sierra Leonean
LOCATION: Cleveland, OH (USCIS / EOIR)

Our client came from Sierra Leone in January 2011 as a visitor. She married her U.S. Citizen husband in September 2013. Her authorized stay period expired at the time of her marriage. Due to her overstay, our client was placed in removal proceedings in December 2013.  She retained our office in January 2014 for legal assistance in her removal proceedings representation and I-130 filing. 

On November 5, 2015, the USCIS Cleveland office denied our client’s I-130 petition not because of his current marriage, because of her first marriage to a US Citizen. Before and at the interview itself, extensive evidence of bona fide marriage covering 2 years of marriage were submitted. The couple was able to answer a majority of the questions in the two and half hour interview, and the grounds and discrepancies relied upon by the USCIS in denying the I-130 compared to the majority and relevance of the correctly answered questioned together with the extensive evidence was relatively minor. A majority of the questions were also about her first marriage. 

In response to this denial decision, we timely filed a Notice of Appeal to the Board of Immigration Appeals from a decision of a USCIS officer on December 5. Eventually, on July 8, 2016, the BIA found that a remand is warranted for our client’s case.  As a result, on September 26, 2017, our client and her U.S. Citizen husband appeared at the USCIS Cleveland Field Office for another I-130 follow-up interview after this case was remanded to the USCIS. 

Even after the second interview, the I-130 remained pending without any issuance of an RFE or Notice of Intent to Deny. In the meantime, we filed Motions for Continuances for her Master Calendar hearings based on the pending I-130 petition. The Cleveland Immigration Court kept granting our Motions. The USCIS Cleveland Field Office finally approved our client’s I-130 petition on January 23, 2018. 

Once the I-130 petition is approved, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the Cleveland Immigration Court.

On April 8, 2021, Attorney Sung Hee (Glen) Yu represented our client at her Individual Hearing for adjustment of status.  After the hearing, the Immigration Judge granted our client’s adjustment of status application.  Our client’s removal case was terminated simultaneously. Now, our client is a green card holder.   

{ 0 comments }

CASE: I-130/I-485

NATIONALITY: Philippines

LOCATION: Richmond, TX

Our client came from the Philippines on a J-1 in September 2015 to work as a teacher. She was subject to the two-year foreign residency requirement. 

In June 2017, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

On December 3, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On June 12, 2019, our office sent our client’s apostilled materials to the Waiver Review Committee in Manila, Philippines.  The Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On September 24, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 26, 2019, the USCIS issued an I-612 approval notice for the waiver. 

Once 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 December 4, 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 April 1, 2021, our client was interviewed at the Houston, Texas USCIS office.  The interview went well, and eventually, on April 2, 2021, her green card application was approved.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: British

LOCATION: Renton, WA

Our client came to the United States from the United Kingdom on a J-2 visa in September 1996. Since then, he has remained in the United States.  He married a U.S. Citizen in January 2018 and retained our office on January 23, 2019, for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 8, 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 March 31, 2021, our client was interviewed at the Seattle, WA USCIS office. Eventually, on the same day of his interview, his green card application was approved.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: Wickliffe, OH

Our client came to the United States from India on a F-1 student’s visa. He married a U.S. Citizen in June 2020 and retained our office on July 13, 2020 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 21, 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 via conference calls. On February 18, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients. The green card application was approved on the same day.

{ 0 comments }

Case: I-130/I-485
Issue: Visa Waiver Entry
Applicant/Beneficiary – Italian
Location: Weston, CT

Our client entered the United States in December 2019 from Italy under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days. 

She married to U.S. Citizen in September 2011 in Italy. 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 client contacted our office for consultation and retained our office on January 13, 2020 for her adjustment of status application. Our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 11, 2020. Our office requested the CIS to exercise favorable discretion in granting adjustment of status despite her visa waiver entry.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients. On February 16, 2021, our client was interviewed at the Hartford, Connecticut USCIS Field Office. Despite the visa waiver entry and subsequent adjustment of status issue, the USCIS officer approved her green card application on the same day.

{ 0 comments }

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

CLIENT: Filipino

LOCATION: Chatsworth, GA

Our Filipino client came to the United States on a J-1 in May 2018. He married his U.S. Citizen partner in November 2019.

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 Georgia where same-sex marriage is recognized. Our client contacted our office and retained us on November 15, 2019. We filed the application on November 22, 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 February 10, 2021, our client was interviewed at the Atlanta, Georgia USCIS office. Eventually, on February 12, 2021, his green card application was approved by the USCIS. 

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Egyptian

LOCATION: Indianapolis, IN

Our client came to the United States from Egypt on an F-1 visa. He married a U.S. Citizen in November 2018 and retained our office on December 10, 2019, for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 12, 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 via conference calls. On November 10, 2020, our client was interviewed at the Indianapolis, IN USCIS office. On February 8, 2021, his green card application was approved.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Colombian

LOCATION: Wadsworth, OH

Our client came to the United States from Colombia on a J-1 exchange visitor’s visa. He married a U.S. Citizen in May 2020 and retained our office on June 24, 2020 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 3, 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 via conference calls. On February 4, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients. His green card application was approved on the same day.

{ 0 comments }

CASE: I-130 / I-485 Adjustment of Status

 NATIONALITY:  Filipina

 LOCATION: Estill, SC

Our client came from the Philippines on a J-1 in August 2015 to work as a public school teacher in South Carolina. She was subject to the two-year foreign residency requirement. After her authorized stay period expired, has remained in the United States. 

In May 2018, she got married her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver s. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office prepared the waiver application. On September 13, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On November 5, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  They eventually forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On January 27, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on February 3, 2020, the USCIS issued an I-612 approval notice for the waiver. 

Once 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 April 6, 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 through conference calls. On January 25, 2021, our client was interviewed at the Charleston, SC USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

{ 0 comments }

CASE: I-130 / I-485 Adjustment of Status

 NATIONALITY:  Filipina

 LOCATION:  Las Vegas, NV

Our client came from the Philippines on a J-1 in July 2017 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States. 

In June 2019, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States through the EVP in the Philippines.

On July 19, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 10, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement. On December 12, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on December 23, 2019, the USCIS issued an I-612 approval notice for the waiver. 

Once 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 December 17, 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 January 12, 2021, our client was interviewed at the Las Vegas, NV USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

{ 0 comments }