CASE: Marriage-Based Adjustment of Status

CLIENT: Cameroonian

LOCATION: West Columbia, SC

Our client came to the United States from Cameroon on a B-2 visitor’s visa in August 2016. He has remained in the United States since then.  He married a U.S. Citizen in January 2020 and retained our office on February 20, 2020 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 21, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we prepared our clients over the phone. On January 13, 2021, our client was interviewed at the Charleston, South Carolina USCIS office. Eventually, on January 14, 2021, his green card application was approved.

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

 NATIONALITY:  Canadian

 LOCATION: Overland Park, KS

Our client was a citizen of China (currently citizen of Canada) who came to the U.S. on a J-2 Visa in June 1996.  She came with her 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.

She turned 21 in December 2016. She wanted to get a waiver because she has a U.S. citizen spouse who can file I-130 petition for her. She can file an adjustment of status application along with her husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the waiver approval.

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. Our client turned 21 in December 2016.

Our firm was retained to do her J-2 waiver, and on August 13, 2019, 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 September 10, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 20, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

Once her J-2 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 January 27, 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 September 24, 2020, our client was interviewed at the Kansas City, MO USCIS office.  Eventually, on January 13, 2021, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipino

LOCATION: Colorado Springs, CO

Our client came to the United States from the Philippines and has worked in the U.S. on a valid J-1 status. He married a U.S. Citizen in January 2019 and retained our office on April 17, 2020 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 28, 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 over the phone. On January 14, 2021, our client was interviewed at the Centennial, CO USCIS office. On the same day of the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Korean

LOCATION: New York, NY

Our client came to the United States from South Korea on a H-1B visa to work as an attorney in the U.S. She married a U.S. Citizen in November 2019 and retained our office for her green card application on November 13, 2019.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 20, 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. On December 23, 2020, our client was interviewed at the New York, NY USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Canadian

LOCATION: Euless, TX

Our client came to the United States from Canada on a B-2 visitor’s visa in January 2020. She married a U.S. Citizen and retained our office for her green card application on February 5, 2020.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 19, 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 December 30, 2020, our client was interviewed at the Irving, TX USCIS office. On January 1, 2021, her green card application was approved.

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Ukrainian
LOCATION: Cleveland, OH

Our client came to the United States in April 2009 with a J-1 exchange visitor’s visa from Ukraine. His J-1 visa did not make him subject to the 2-year foreign residency requirement.  Later, he filed an asylum and his asylum interview was conducted by the USCIS. His case was referred to the Cleveland Immigration Court. His case was administratively closed in March 2016. 

He married a U.S. Citizen in January 2017.  Our client’s wife filed an I-130 petition on behalf of our client, and this I-130 petition was approved by USCIS in October 2018. Once the I-130 petition was approved, he client retained our office in December 2018 for his removal proceedings. 

Our office prepared and filed a Motion to Recalendar to the Cleveland Immigration Court on December 5, 2018. His case was recalendared to the immigration judge’s docket and our office prepared and filed an I-485 Adjustment of Status Application.

On January 4, 2021, Attorney Sung Hee (Glen) Yu represented our client’s at his Individual Hearing for adjustment of status at the Cleveland Immigration Court. The Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal proceeding has been terminated. Now, our client is a green card holder.    

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CASE: Marriage-Based Adjustment of Status

CLIENT: Mexican

LOCATION: Springfield, OH

Our client came to the United States from Mexico on a B2 Border Crossing Card in February 2016. He remained in the United States since then. He married a U.S. Citizen in October 2018 and retained our office on March 4, 2020 for his green card 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 via conference calls. On December 21, 2020, our client was interviewed at the Cincinnati Ohio USCIS office. On December 22, 2020, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Columbus, OH

Our client came to the United States from China on a B-2 visitor’s visa in February 2015. She overstayed and remained in the United States afterwards.  She married a U.S. Citizen in August 2017 and retained our office for her green card application on September 25, 2019.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 14, 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 December 22, 2020, our client was interviewed at the Columbus, Ohio USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Tampa, FL

Our client came to the United States from the Philippines on a B-2 visitor’s visa in January 2011. She overstayed and remained in the US.  She married a U.S. Citizen in September 2019 and retained our office for her green card application on December 23, 2019.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 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 as well. On December 22, 2020, our client was interviewed at the Tampa, Florida USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: Fostoria, OH

Our client entered the United States in January 2020 from the United Kingdom. He came under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States only for 90 days.  He married his U.S. citizen spouse in March 2020. 

In March 2020, they contacted our office regarding adjustment of status through marriage. They retained our office on March 24, 2020.  One main issue was the fact that he 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 issuances.

Since our client resided in Fostoria Ohio, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff). It was foreseeable that the USCIS field office will exercise its discretion to deny his application because of his visa waiver entry.  

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on April 7, 2020.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. 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 at our office. On December 17, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved his adjustment of status application on the same day of the interview.  Now, our client is a green card holder. 

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