CASE: Marriage-Based Adjustment of Status

CLIENT: Lithuanian

LOCATION: Cleveland, OH

Our Lithuanian client came to the United States on a B-2 visitor’s visa in 2011. She married a U.S. Citizen in February 2015 and retained our office on March 1, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on March 2, 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 the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on the same date of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Miami, FL

Our Filipina client came to the United States on a B-2 visitor visa in June 2014. Later, she married a U.S. Citizen in September 2014 and retained our office on September 29, 2014 for her green card application. Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 26, 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 as well. On March 2, 2015, our client was interviewed at the Miami, FL USCIS office.

However, after the interview, the USCIS officer requested more evidence to show the bona fide nature of our client’s marriage to her U.S. citizen husband. With our guidance, our client prepared and submitted more evidence to show  the bona fide nature of her marriage. Eventually, on May 11, 2015, the USCIS approved our client’s I-485 adjustment of status application. Now, she is a green card holder. 

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CASE: Adjustment of Status Based on Approved K-1 Visa
CLIENT: Chinese
LOCATION: Columbus, OH

Our client came to the United States in March 2014 as a K-1 visa entrant from China.  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.  By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible for adjustment of status.   

Our client contacted our office initially in the middle of May 2014 and consulted with us for her adjustment of status application.  Eventually, she retained our office, and our firm quickly prepared and filed the I-485 Adjustment of Status Application on June 6, 2014 a few days before her K-1 authorized stay period expired.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  Her Work Authorization Card was issued as well.

It is not mandatory for having an adjustment interview for an adjustment applicant based on K-1 visa entry.  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 December 4, 2015, her green card application was approved.

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CASE: I-751

APPLICANT: Jamaican

LOCATION: New York, NY

Our client contacted our office in early February of 2014 regarding her I-751 application.

She is from Jamaica and she married a U.S. citizen in July 2011. Through her marriage, she obtained a 2-year conditional green card in April 2012. Our office helped her in the green card process.  Her conditional residency terminated in April 2014.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on February 19, 2014 and our office prepared an I-751 application for our client with other supplemental exhibits.

On March 31, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint tax filing records, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued the Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with her husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on November 25, 2014.

Nonetheless, the USCIS scheduled an interview for our client and her husband. On March 11, 2015, our client and her husband were requested to appear for the interview at the USCIS New York City Office.  Prior to the interview, our office prepared them thoroughly via conference calls and also accompanied them at the interview as well. The interview went well, and as a result, on the same day of the interview, the USCIS approved our client’s I-751 application. On April 20, 2015, our client received her 10-year green card which removed the conditions.

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Case: I-130/I-485

Applicant/Beneficiary – Korean

Location: San Francisco, CA

Our client entered the United States in September 2014 from South Korea under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) for a couple of months. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.

Later, in November 2014, our client and her U.S. citizen boyfriend married in the United States. Her husband contacted our office, and they retained us on November 20, 2014.

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 office filed the I-130 Petition and I-485 Adjustment of Status Application on December 10, 2014.  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 through conference calls. On April 8, 2015, our client was interviewed at the San Francisco, California USCIS Field Office.  Despite the visa waiver issue, on the same day, the USCIS approved her green card application.  Now, our client is a green card holder.

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

CLIENT: Filipino

LOCATION: Portland, OR

Our client came from the Philippines and he was working in Oregon on an H-1B visa. Since 2011, our client and his current U.S. citizen spouse were in a relationship.

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 the 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 his current U.S. citizen spouse, decided to get married. They married in Sacramento, CA in February 2014 where same-sex marriage is recognized. Our client contacted our office and retained us on August 8, 2014 for his 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 August 15, 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 April 1, 2015, our client was interviewed at the Portland, Oregon USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well. The interview went well and his green card application was approved on the same day.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Vietnamese

LOCATION: Houston, Texas

Our client is a citizen of Vietnam who initially came to the U.S. on a J-2 Visa in December 2011. He came with his ex-wife who held a J-1 Visa as a visiting researcher. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and he eventually got divorced from his ex-wife. In June 2014, our client married his current U.S. citizen wife. She is willing to file an I-130 for our client, but our client cannot file an adjustment of status application without a waiver of the two-year foreign residency requirement.

He contacted our office, and our firm was retained for his J-2 waiver.  On June 18, 2014 the J-2 Waiver was filed with 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 was divorced from the J-1 visa holder.

On July 30, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client to be granted a waiver. On August 25, 2014, the USCIS issued the I-612 waiver approval.

Once his J-2 waiver was approved, he retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application for him on November 4, 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 through conference calls.  On March 23, 2015, our client was interviewed at the Houston, Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied out clients as well.  Eventually, on March 24, 2015, his green card application was approved.

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Dominican

LOCATION: Orlando, FL

Our client contacted our office in early December of 2014 regarding her pending I-751 filing. She came to the United States from the Dominican Republic and she married a U.S. Citizen (her ex-husband) in July 2011.

Through her marriage, she was able to obtain a 2-year conditional green card in March of 2012. Her conditional residency terminated in March 2014.

Before her 2 year green card expired, our client filed an I-751 application JOINTLY with her ex-husband in 2014. However, while the I-751 application was pending, their marriage started to fall apart. Our client experienced a lot of difficulties in her marital life with his ex-husband. Eventually, they were SEPARATED AND FILED FOR DIVORCE IN DECEMBER 2014. Their marriage ended in February 2015 (divorce issued). While her I-751 was pending, she retained our office to convert her I-751 from joint filing to a waiver of the joint filing category.

According to an April 9, 2009 USCIS Memorandum by Director Neufeld, “USCIS may not deny a petition solely because the spouses are separated and/or have initiated divorce or annulment proceedings…  If a Service Center ISO encounters an I-751 petition jointly filed by co-petitioners who are still married but are in divorce proceedings, the ISO issues the Conditional Permanent Resident (CPR) a Request for Evidence with an 87-day response period.  In the RFE, the ISO specifically asks the CPR to provide a copy of the final divorce decree along with a request to have the joint filing petition treated as a waiver petition.  This affords the CPR an opportunity to provide evidence that the proceedings have been finalized and it affords the CPR an opportunity to request a waiver to the joint filing without refilling.”

Based on this Memorandum and with various supporting documents (over 42 exhibits and an affidavit over 9 pages) to demonstrate their bona fide marriage, on December 26, 2014, our office promptly filed a new I-751 application with a Request to convert the joint filing to I-751 with waiver of the joint waiver requirement pursuant to the Neufeld April 3, 2009 Memorandum for I-751 Applications pending divorce proceedings. No new filing fees were included in this conversion request.

In January 2015, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference calls and informed her of potential issues at the interview.

On February 24, 2015, our client was interviewed for her I-751 application at the USCIS Orlando, FL Field Office.  Eventually, the USCIS approved our client’s I-751 application. Now, she has her ten-year green card.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina

LOCATION: Albuquerque, NM

Our client is from the Philippines who came to the U.S. on a J-1 Visa in July 2011 to work as a teacher. In June 2013, 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 her adjustment of status application.

She was eligible to get a green card through her marriage to a U.S. citizen; however, before we can file her I-130/I-485 application simultaneously, she had to get a waiver of her two-year foreign residency requirement first

As a previous success story explained, our office worked on our client’s J-1 waiver.  Eventually, the Philippine Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On July 21, 2014, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice for our client’s waiver on August 19, 2014.

Later on, our client retained us for her adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application for her and her two children on August 26, 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 through conference calls.  On March 10, 2015, our client and her two children were interviewed at the Albuquerque NM USCIS office.  On the same day, her and her two children’s green card applications were approved.

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CASE: Joint Motion to Reopen and Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Pakistani
LOCATION: Indiana; San Francisco (EOIR)

Our client is from Pakistan who came to the U.S. on a B-2 visitor’s visa in May 2010. He remained in the United States even after his authorized stay expired.  Later, he filed for asylum and withholding of removal. However, he could not attend his hearing due to an emergency medical issue. He even notified the immigration court but his submission was procedurally incorrect (this was used as an exhibit in our motion). Subsequently, he received an order of removal in absentia. A few months later, his jewelry store got robbed too, leaving them with no money at that time to afford a lawyer for a proper Motion to Reopen.

Our client remained in the United States with the final order of removal. He married his current U.S. citizen wife. His wife filed an I-130 petition in April 2014 with help from of our office, which was subsequently approved by the USCIS in November 2014.

Our client and his wife were wondering whether he has any viable option for his immigration situation.  After careful review, our office determined that we can file a Request to Join in a Motion to Reopen based on the I-130 approval and Bo Cooper’s May 17, 2001 Memorandum.

Once retained, our office filed a Request to Join in a Motion to Reopen and Terminate to the San Francisco DHS office on February 13, 2015. Our office prepared an extensive brief along with multiple supporting documents to request a favorable exercise of DHS’s discretion on this case. We argued that DHS should consider the following factors as set forth in Bo Cooper’s May 17, 2001 Memorandum: (1) whether adjustment of status was available at the prior hearing; (2) whether the alien is statutorily eligible for adjustment of status; and (3) whether the alien merits a favorable exercise of discretion. Bo Cooper, Motions to Reopen for Consideration of Adjustment of Status (May 17, 2001). In considering these factors, as delineated in William J. Howard’s October 24, 2005, Memorandum, “Where a motion to reopen for adjustment of status… is filed on behalf of an alien with substantial equities, no serious criminal or immigration violations, and who is legally eligible to be granted relief except that the motion is beyond the 90-day limitation contained in 8 C.F.R. § 1003.23, strongly consider exercising prosecutorial discretion and join in this motion to reopen to permit the alien to pursue such relief to the immigration court.” William J. Howard, Prosecutorial Discretion (October 24, 2005).

Our office argued that if our client’s case is reopened, he will be prima facie eligible to adjust his status. Our client has been living in the United States since 2010, has no criminal record, and has an approved I-130 petition based on his marriage to his U.S citizen spouse.

As a result, the DHS office agreed to join in our Motion to Reopen and Terminate. The DHS filed the joint motion to the San Francisco Immigration Court, and the San Francisco Immigration Court re-opened and terminated our client’s case on March 3, 2015. Now he can file for adjustment of status and work permit with the CIS.

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