CASE: Marriage-Based Green Card

CLIENT: Nigerian

LOCATION: New York

Our client came to the United States from Nigeria on an F-1 student visa in December 2009. She married a U.S. Citizen in May 2014 and retained our office on July 25, 2014 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 7, 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 March 19, 2015, our client was interviewed at the Holtsville, New York USCIS office. Eventually, on September 3, 2015, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Toledo, OH

Our client came to the United States from Ghana on a F-1 student visa in January 2013. He married a U.S. Citizen in April 2015 and retained our office on May 13, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on May 27, 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 August 14, 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 day of the interview, his green card application was approved.

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CASE: Adjustment of Status Based on Approved K-1 Petition
CLIENT: Indian
LOCATION: Ohio

Our client came to the United States in July 2014 as a K-1 visa entrant from India.  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.  Under immigration law, if you married your 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 August 2014 and consulted with us for her adjustment of status application process.  Once retained, our firm prepared and filed the I-485 Adjustment of Status Application on August 26, 2014.  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 adjustment applicant who entered on a K-1 visa.  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 August 12, 2015, her green card application was approved.

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CASE: Derivative Adjustment of Status  (I-485) / Same-Sex Marriage

CLIENT: Filipino

LOCATION: Oregon

Our client came to the United States in November 2013 with a valid B-2 visitor’s visa from the Philippines. Later, in March 2014, he married his same-sex spouse in Washington where the same-sex couple’s marriage is legally recognized. His spouse is an H-1B visa holder.

As a family dependent of an H-1B visa holder, our client can change his status from B1 / B2 to H-4. Our firm was retained and on April 14, 2014, we filed our client’s I-539 with all supporting documents to the USCIS. There were no requests for evidence. On July 2, 2014, the Change of Status was approved.

In January 2015, our client contacted our office again for his I-485 adjustment of status application. His spouse had an approved EB-2 I-140 petition and filed his adjustment of status application. Thus, as a derivative beneficiary, our client would like to get legal assistance from us for his adjustment of status application.

Upon retention, our firm prepared and filed the I-485 Adjustment of Status Application on January 14, 2015.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

However, on May 5, 2015, the USCIS Nebraska Service Center issued a Request for Evidence for our client’s I-485 application and requested bona fide marriage documents from our client. On May 21, 2015, our office filed the Response to RFE with multiple documents showing the bona fide nature of his marriage to his spouse.

Eventually, on August 10, 2015, the USCIS approved our client’s adjustment of status application. Now, he is a green card holder.

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

CLIENT: Kenyan
LOCATION: Chicago, IL (EOIR) / Durham, NC (USCIS)

Our client is from Kenya who came to the U.S. on a F-1 Student’s Visa in August 2007. While she was studying in the United States, she failed to maintain her F-1 status due to her family’s issues in Kenya. Because of her overstay, she was placed in removal proceedings in Chicago, IL.

Our client married her Lawful Permanent Resident (LPR) husband in September 2010 in Wisconsin. Soon after, they moved to the Raleigh, NC area.  Her husband filed an I-130 petition on behalf of her after they got married. Eventually, our client’s I-130 petition was approved in February 2012 after their I-130 interview at the USCIS Durham Field Office.  Our office represented our client since 2011 for her removal proceeding representations and I-130 interviews. Her individual hearing was scheduled on August 13, 2013 at the Chicago Immigration Court as well.

In June 2013, our office filed a written request to administratively close our client’s removal proceedings to the DHS Chicago Office.  In a written brief, our office fully explained that our client’s case is not DHS’s priority for deportation and explained that our client has an I-130 approval, no criminal records, has paid taxes, and has family ties in the United States.  Along with the written brief, our office attached an I-485 application and its supporting documents as well.

After review, the DHS counsel in Chicago was willing to terminate our client’s removal proceedings. The DHS counsel filed a Motion to Terminate on August 2, 2013 to the Chicago Immigration Court. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on August 12, 2013.

In 2015, her husband filed a naturalization application and became a U.S. citizen. On April 1, 2015, our client retained our office again for her I-485 adjustment of status application. Our firm prepared and filed the I-485 Adjustment of Status Application on May 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 via conference calls. On August 6, 2015, our client was interviewed at the Durham, North Carolina USCIS office. The interview went well, and on the same day, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Kenyan

LOCATION: Cleveland, OH

Our client came to the United States from Kenya on an F-1 student visa in August 2006. She married a U.S. Citizen in November 2013 and retained our office on April 1, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 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 as well. On July 27, 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 August 6, 2015, her green card application was approved.

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

CLIENT: Filipina

LOCATION: New York, NY

Our client came to the United States on a B-2 visitor’s visa from the Philippines in August 2013. She had a same-sex partner who is her current spouse.

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.

After DOMA was struck down, our client and her current LPR spouse, decided to get married. They married in New York, NY on September 10, 2013 where same-sex marriage is recognized. On the same day of their marriage, our client contacted our office and retained us for her I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on September 16, 2013. Although the Petitioner was a green card holder, we could file the I-130/I-485 simultaneously at that time because the priority date for the F2A category was current in September 2013. 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 17, 2013, our client was interviewed at the New York City USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well. However, the F2A category’s priority date retrogressed before her adjustment of status application was adjudicated. Nevertheless, her priority date became current in June 2015. Eventually, on July 1, 2015, the USCIS approved our client’s green card application. 

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CASE: Marriage-Based Adjustment of Status

CLIENT: Burkina Faso

LOCATION: Cleveland, OH

Our client came to the United States from Burkina Faso on an F-1 student’s visa in August 2012. He married a U.S. Citizen in September 2014 and retained our office on January 22, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 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 June 26, 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 the same day, his green card application was approved.

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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: 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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