CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Buffalo, NY

Our client came to the United States from the Philippines on a B-2 visitor’s visa in December 2010. After her authorized stay period expired, she remained in the United States. She married a U.S. Citizen in August 2014 and retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 23, 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. On January 21, 2015, our client was interviewed at the Buffalo, New York USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients.

The interview went well; however, the USCIS kept this case for a long time without issuance of any RFE or NOID until February of 2016. On February 6, 2016, the USCIS issued a Request for Evidence (RFE) and asked our client to submit updated evidence of their bona fide marriage. On February 11, 2016, our office filed a Response to RFE with lots of bona fide marital evidence that they provided. Eventually, on May 23, 2016, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Cincinnati, OH

Our client came to the United States from the Philippines on an F-1 student visa in December 2014. She married a U.S. Citizen in December 2015 and retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 17, 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 via conference calls. On April 12, 2016, our client was interviewed at the Cincinnati, Ohio USCIS office. Eventually, on April 29, 2016, her green card application was approved.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Ukrainian

LOCATION: Cleveland, OH

Our client came to the United States in December 2015 as a K-1 visa entrant from Ukraine.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you married the petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.

Our client contacted our office initially in the middle of January 2016 and consulted with us for her adjustment of status application. After retention, our firm prepared and filed the I-485 Adjustment of Status Application on January 29, 2016.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client.  On April 22, 2016, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Pakistani

LOCATION: Philadelphia, PA

Our client came to the United States when he was a minor as an H-4 visa holder. Later, he changed his status from H-4 to F-1 once he was enrolled in college. After he completed his undergraduate degree, he got a job and was petitioned for his H-1B status in the United States. In August 2015, he married a U.S. Citizen and retained our office for his petition and adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on December 11, 2015. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients via conference calls. On March 10, 2016, our clients were interviewed at the Philadelphia Pennsylvania USCIS office. However, after the interview, the USCIS issued a Request for Evidence (RFE) and asked our client to submit more bona fide marital documents with his wife.  Our office prepared and filed the Response to RFE on March 21, 2016. Eventually, on April 11, 2016, the USCIS approved our client’s case. Now he is a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipino

LOCATION: Newark, NJ

Our client came to the United States in January 2007 on a B-2 visitor’s visa from the Philippines. He remained in US past the expiration of his I-94. Later, he married a U.S. Citizen in May 2015 and retained our office for his petition and adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on July 20, 2015. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients via conference calls. On April 7, 2016, our clients were interviewed at the Newark, New Jersey USCIS office. After the interview, our client’s green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Jamaican

LOCATION: Pittsburgh, PA

Our client came to the United States in November 2013 with a B-2 visitor’s visa from Jamaica. Later, she married a U.S. Citizen in May 2015 and retained our office for her petition and adjustment of status application. She also asked us to file her son’s (Petitioner’s step-son) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 28, 2015. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients via conference calls. On February 24, 2016, our clients were interviewed at the Pittsburgh, Pennsylvania USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. After the interview, our client and her son’s green card applications were approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Kenyan

LOCATION: Atlanta, GA

Our client is from Kenya who came to the U.S. on a J-1 Visa in August 1998 to pursue his master’s degree.  After he finished his J-1 program, he remained in the United States.

In October 2013, our client married his current U.S. citizen wife. He could not adjust his status at that time unless he got a waiver of his 2-year foreign residency requirement. When he came to the United States in 1998, his program made him subject to the 2-year foreign residency requirement.

Thereafter, our office filed a waiver request through a No Objection Statement (NOS) from the Kenyan Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office contacted the Kenyan Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver, a clearance letter from the J-1 program sponsor, clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining J-1 waiver.

On March 13, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Kenyan Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on his marriage to U.S. citizen spouse.

Eventually, the Kenyan Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On May 13, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On June 4, 2015, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement.

Once his J-1 waiver was approved, our client retained our office again for his green card application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 17, 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 through conference calls. On January 28, 2016, our client was interviewed at the Atlanta USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. On the same day, his green card application was approved.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition / I-485 Adjustment of Status

CLIENT: Chinese
LOCATION: Cleveland, Ohio

Our client is a Chinese citizen who came to the U.S. on a B-2 Visitor’s visa in September 2011. She has stayed in the United States since then. Because of her overstay, the Notice to Appear was issued and our client was placed in removal proceeding.

Our client currently resides in Ohio with her current U.S. Citizen husband. They were married in October. After our office was retained, our office filed an I-130 Petition with bona fide marriage evidence on January 15, 2015.  While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court for her master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented her at the hearing, did the pleading and sought for adjustment of status relief upon the approval of the I-130 petition.

Her I-130 petition was approved by the USCIS on June 24, 2015 without any interview or RFE request.  Once the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice in September 2015.

After her removal proceeding was terminated, our client retained us again for her I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on November 6, 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. On January 26, 2016, our client was interviewed at the Cleveland, OH USCIS. Attorney Sung Hee (Glen) Yu from our office accompanied our client.  After the interview, her I-485 application was approved.  Now, our client is a green card holder.

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CASE: Marriage-Based Immigrant Petition and Adjustment of Status

CLIENT: Filipina

LOCATION: Cleveland, OH

Our client came to the United States from the Philippines on a B-2 visitor’s visa in January 2012. She married a U.S. Citizen in February 2014 and retained our office on August 26, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485  of Status Application on October 28, 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 January 26, 2016, 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 day of the interview, her green card application was approv

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition / I-485 Adjustment of Status / Response to Notice of Intent to Revoke

CLIENT: Nigerian

LOCATION: New Orleans, LA

Our Nigerian client came to the United States in August 2011 with a valid F-1 student visa to study in a college. However, he did not maintain status and was placed in removal proceedings in July 2012. After he got a Notice to Appear, he appeared at his initial master calendar hearing at the New Orleans Immigration Court without an attorney.

In May of 2014, he contacted our office and asked us whether we can take his case. He was married to a US Citizen, but he also had two previous marriages and divorces, also to US Citizens. We told him an I-130 can be filed, but that we need bona fides from his first two marriages also. We explained that the strength of his wife’s I-130 for him would also depend on how he can prove that his first two marriages were in good faith.

He retained our office on May 16, 2014. He married his U.S. wife in May 2014 and our office filed the I-130 petition for our client with a bona fide marriage exemption letter and bona fide marital documents. We organized the exhibits so that bona fide evidence from his first two marriages were also shown. We filed the I-130 application to the USCIS on June 12, 2014.

On June 17, 2014, our attorney Glen Yu appeared at his master calendar hearings via telephonic appearance. Attorney Yu did pleadings for our client, requested adjustment of status relief for our client, and requested a continuance based on a pending I-130 petition. However, the DHS requested a Velarde hearing to the Court. The DHS requested this hearing to determine whether proceedings should be continued to allow USCIS to adjudicate the I-130. DHS argued that our client’s marriage to his U.S. citizen spouse is presumptively invalid under immigration purposes since he married his wife after initiation of removal proceedings.

A Velarde Hearing is a hearing to establish whether good cause exists to continue proceedings for adjudication of a pending I-130 petition. A variety of factors may be considered, including, but not limited to: (1) DHS’ response to the Motion to continue; (2) whether the underlying visa petition is prima facie approvable; (3) the Respondent’s statutory eligibility for adjustment of status; (4) whether the Respondent’s application for adjustment merits a favorable exercise of discretion; and (5) the reason for the continuance and any other relevant factors. Matter of Hashimi, 24 I&N Dec. 785 (BIA 2009).

The Velarde hearing for our client was scheduled for August 18, 2014. Prior to the hearing, our office filed a brief in support and more documents to demonstrate the bona fide nature of our client’s marriage to his U.S. citizen wife.  Attorney Sung Hee Yu from our firm prepared him and his wife extensively via conference calls. He also represented our client at the Velarde Hearing at the New Orleans Immigration Court on August 18, 2014.

The hearing went well and as a result, the Court concluded that our client’s I-130 petition is prima facie approvable. After the Velarde hearing, the USCIS scheduled the I-130 interview for our client and his U.S. citizen wife. Our office prepared them for their interview. On December 31, 2014, our client and his wife appeared at the USCIS New Orleans Field Office for their I-130 interview. The interview went well, and the USCIS approved the I-130 petition for our client on the same day.

Once his I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in New Orleans agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on August 14, 2015.

After his removal proceeding was terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on September 14, 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 via conference call. On December 1, 2015, our client was interviewed at the New Orleans, LA USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients.

Although the interview went well, the USCIS New Orleans office issued Notice of Intent to Revoke our client’s I-130 petition. In the Notice of Intent to Revoke, the USCIS argued that our client’s marriage to her U.S. citizen spouse was in violation of Louisiana law so that the marriage is invalid. However, after careful review of related marital laws and local statutes, we determined that our client’s marriage to his wife was valid. Our office promptly filed the Response to Notice of Intent to Revoke on December 15, 2015. Eventually, on January 13, 2016, his I-485 application was approved.  Now, our client is a green card holder.

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