CASE: Marriage-Based Green Card

CLIENT: Korean

LOCATION: Indianapolis, Indiana

Our client came to the United States in April 2010 with an F-1 Student Visa from South Korea to do her Bachelor’s program in the United States. She finished her Bachelor’s program in August 2013 and applied for OPT.

She married a U.S. Citizen in September 2013.  Our client retained our office on October 16, 2013 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 November 1, 2013. 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 through conference calls. On January 21, 2014, our client was interviewed at the Indianapolis, Indiana USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well.  On the same day, her green card application was approved.

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CASE: Marriage-Based Green Card

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States in October 2011 with an H-1B Visa from India to work for his employer in the United States. He still has his H-1B status and works for his employer.

He married a U.S. Citizen in October 2013.  She lived in Union City, California and they intent to live together in the future, either in California or Ohio. They had joint properties, joint insurance documents, several pictures together, and joint bank statements. We told them living apart does not automatically result in a denial, and that each application is adjudicated on a case by case basis. We told them we will prepare them for the interview, and accompany them as well.

Our client retained our office on October 24, 2013 for the 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 November 1, 2013. 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 at our office. On January 21, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento accompanied them as well.  On the same day, his green card application was approved.

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CASE: Marriage-Based Green Card

CLIENT: Chinese

LOCATION: Akron, Ohio

Our client came to the United States in April 2013 with a B-2 Visitor’s Visa from China. She married a U.S. Citizen in October 2013.  Our client retained our office 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 October 16, 2013. 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 at our office. On January 9, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well.  On January 13, 2014, her green card application

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CASE: Marriage-Based Green Card

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client came to the United States from China and he is currently pursuing his Master’s degree in Cleveland Ohio on an F-1 student visa. He married his current wife, who is a green card holder, in August 2013.

Our client retained our office on August 20, 2013 for his I-130 petition and I-485 adjustment of status application. Although the Petitioner is a green card holder, we could file the I-130 / I-485 simultaneously because the priority date for F2A category was current in August and September 2013. Our office prepared and filed an I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on September 3, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. The priority date of our client was September 6, 2013.

Prior to the interview, we thoroughly prepared our clients at our office. On January 2, 2014, our client was interviewed at the Cleveland, OH USCIS office. Our attorney Sung Hee (Glen) Yu accompanied them at their interview as well. The interview went well, and the priority date for our client was current at the time of the interview as well. Eventually on January 8, 2014, his green card application was approved.

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CASE: Marriage Based Green Card

CLIENT: Thai

LOCATION: Cleveland, Ohio

Our client married his current U.S. citizen husband in May 2013 in Thailand. After that, his U.S. citizen husband filed an I-130 petition in Thailand. However, while it was pending, our client’s US Citizen husband had to come back to the United States for his employment.

Though the I-130 was pending, our client (beneficiary of the I-130) came to the United States in June 2013 with a B-2 Visitor’s Visa. Consular processing was their intent, however, while they were staying in the United States, our client and her husband changed their mind and wanted to pursue our client’s adjustment of status process in the United States. The tricky factor in their case was that there was already an I-130 pending, and yet she came to the United States on a non-immigrant visa. It was thus very important to prove non-immigrant intent despite the background of their case.

Our client contacted our office and retained us on September 4, 2013. We decided to re-file the I-130 here in the United States, file it together with an adjustment of status application, and explain RIGHT AT THE FILING STAGE (instead of waiting for the interview) that our client did not have any immigrant intent on her recent entry, despite the pending I-130 petition.

Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents including documents and an affidavit which demonstrated that she had an intention to return to Thailand when she came to the U.S. in June 2013.

We filed the applications on October 17, 2013. 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 at our office, especially on any possible “immigrant intent” issue. This was very important, as a denial on those grounds would not simply be a denial, but would add a possible requirement for a hardship waiver should a re-file be done. It they deny it, it’s as if our client would’ve been better off, sans the expensive cost of going back, pursuing consular processing.

On January 10, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well.  The interview went well, and Attorney Yu explained that our client did not have any immigrant intent at the time of her most recent entry to the United States. On the same day, her green card application was approved.

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

CLIENT: Australian

LOCATION: Cleveland, Ohio

Our client came to the United States in May 2005 with a B-2 Visitor’s Visa from Australia. Later that year, he changed his status from B-2 to F-1 to pursue his degree in the United States. He has maintained his status in the United States as an F-1 student after that. Since 2005, 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 New York in July 2013 where same-sex marriages are recognized.

Our client contacted our office and retained us on August 5, 2013 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 12, 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 at our office. On January 2, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well.  Eventually, on January 8, 2014, his green card application was approved.

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

CLIENT: Peruvian
LOCATION: Cleveland, OH

Our client is from Peru who came to the U.S. on a B-2 visitor’s visa in July 2002 with his family. When he came to the United States, he was a only a minor.

Later, his father filed for asylum and withholding of removal, but the Immigration Judge in Cleveland denied all applications for relief in February 2010. Accordingly, our client’s asylum relief (our client was a derivate applicant of his father’s asylum application) was denied as well.

His father filed an appeal to the BIA, but in May 2012, the Board affirmed the Immigration Judge’s findings and dismissed the appeal. Unfortunately, our client’s father was deported soon after the BIA appeal was dismissed.

Our client remained in the United States despite the final order of removal. He was under order of supervision. He married his current U.S. citizen wife in September 2012, and he inquired on whether he has any viable option for his immigration status.  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. Our client retained our office on September 11, 2012.

Once retained, our client’s wife filed the I-130 petition for our client on September 18, 2012. Our office prepared and filed the petition. The I-130 interview was scheduled and prior to the interview, we thoroughly prepared our clients at our office. On March 5, 2013, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them as well. Eventually, on April 17, 2013, the I-130 petition was approved.

While the I-130 was pending, our office also filed Request to Join in a Motion to Reopen and Terminate to the Cleveland DHS office on October 1, 2012. 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 2002, has no criminal record, was a minor at the time of the entry to the U.S., and has an approved I-130 petition.

As a result, the DHS office agreed to join in our Motion to Reopen and Terminate. The DHS filed the joint motion to the BIA in September 2013. Finally, the BIA ordered our client’s case to be reopened and terminated our client’s case on November 26, 2013. Now, he can file an I-485 adjustment of status application to the USCIS for his permanent residency.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Houston, TX

Our client came to the United States in June 12 with an F-1 Student visa from the Philippines. Later, she married a U.S. Citizen in July 2013 and retained our office for her petition and adjustment of status application.

She also asked us to file her daughter’s (Petitioner’s step-daughter) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 6, 2013. 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 through conference calls. On December 3, 2013, our clients were interviewed at the Houston, Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. On December 4, 2013, our client and her daughter’s green card applications were approved.

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CASE: Marriage-Based Green Card

CLIENT: Korean

LOCATION: Cincinnati, Ohio

Our client came to the United States in December 2011 with an F-1 Student Visa from South Korea to do her ESL program in the United States. After she completed her ESL program, she remained in the United States.

She married a U.S. Citizen in August 2013.  Our client retained our office on August 7, 2013 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 August 15, 2013. 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 through conference calls. On November 25, 2013, our client was interviewed at the Cincinnati, Ohio USCIS office. Attorney JP Sarmiento accompanied them as well.  On the same day, her green card application was approved.

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CASE: Marriage-Based Green Card

CLIENT: Chinese

LOCATION: West Virginia

Our client came to the United States from China and currently teaches at an academic institution in West Virginia. She married her current husband, who is a green card holder, in August 2011.

Our client retained our office on March 19, 2013 for her I-130 petition and I-485 adjustment of status application. However, we could not file the I-130 / I-485 simultaneously because the Petitioner was a green card holder, not a U.S. citizen. At the time of the I-130 filing, the priority date for F2A category was not current, so our firm prepared and filed the I-130 petition on March 25, 2013.

While the I-130 petition was pending, the priority date for our client became current. So, our office prepared and filed an I-485 adjustment of status application, together with all necessary supporting documents, on August 27, 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 through conference calls. On November 14, 2013, our client was interviewed at the Charleston, WV USCIS office. Eventually on November 21, 2013, her green card application was approved.

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