CASE: Marriage-Based Adjustment of Status

CLIENT: British

LOCATION: Brecksville, OH

Our client came to the United States from the United Kingdom on a J-1 exchange visitor’s visa. His J-1 program was not subject to the two-year foreign residency requirement. He married a U.S. Citizen in May 2020 and retained our office for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 1, 2020. Prior to the interview, we thoroughly prepared our clients via conference calls. On May 6, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Our client’s green card application was approved on the same day.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Australian

LOCATION: New York, NY

Our client contacted us in March 2020 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Australia and obtained his green card in June 2003.  

His N-400 application was filed on May 5, 2020 with all supporting documents. Prior to his citizenship interview, our office prepared him via phone call.  On May 5, 2021, our client appeared at the New York City CIS office. Our client answered all questions correctly and passed his naturalization interview. Eventually, on the same day of his interview, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-751

APPLICANT: Indian

LOCATION: North Royalton, OH

Our client contacted our office in July 2020 regarding his I-751 application.

He is from India and he married a U.S. citizen in August 2017. He obtained a 2-year conditional green card in October 2018. His conditional residency terminated in October 2020.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on July 13, 2020. On August 7, 2020, our office filed the I-751 application to the USCIS. There was no RFE. On May 5, 2021, the USCIS approved our client’s I-751 application. He received his 10-year green card.

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CASE: I-751

APPLICANT: Burkinabe

LOCATION: Mayfield Heights, OH

Our client contacted our office in December of 2019 regarding his I-751 application.

He is from Burkina Faso and he married a U.S. citizen in August 2016. Through his marriage, he obtained a 2-year conditional green card in March 2018.  His conditional residency terminated in March 2020.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on December 27, 2019. 

On January 3, 2020, our office filed the I-751 application. The USCIS eventually issued a Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with his wife. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on February 2, 2021.   

As a result, on May 5, 2021, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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CASE: I-130 (Petitions for Parent) and Adjustment of Status
CLIENT: Filipina
LOCATION: Albuquerque, NM

Our client retained us to petition hi Filipino mother who came to the U.S. to visit his son. Our client was born and raised in the Philippines, but was naturalized in the United States. He filed the I-130 petition for his mother and it was approved by the USCIS in August 2020. He contacted our office in September of 2020 and discussed with us regarding his mother’s adjustment of status application. He retained our office on September 23, 2020. 

Once retained, our firm prepared and filed the I-485 Adjustment of Status Application on September 29, 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 May 4, 2021, our client’s mother was interviewed at the Albuquerque, NM USCIS office. Eventually, on May 5, 2021, the adjustment of status application was approved.

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Kenyan
LOCATION: Centennial, CO (USCIS) / Denver, CO (EOIR)

Our client came to the United States in December 2001 on a J-2 visa from Kenya. Since then he has remained in the United States. He failed to maintain his non-immigrant status at some point and was placed in removal proceedings. His Adjustment of Status was not initially approved because he was subject to the two year foreign residency requirement. 

He retained our office in 2016 to get his J-2 waiver. Our office represented him on his case and he successfully got his J-2 waiver in July 2016. Thereafter, he retained our office for representation in his removal proceedings. 

He married a U.S. Citizen in September 2017.  Our client’s wife filed an I-130 petition for him and this I-130 petition was approved by the USCIS Centennial Field Office in April 2019. Once the I-130 petition is approved, our office prepared and filed the I-485 Adjustment of Status Application, pre-hearing memorandum, and other supporting documents to the Denver Immigration Court.

On May 5, 2021, Attorney Sung Hee (Glen) Yu represented our client’s at his Individual Hearing for adjustment of status at the Denver Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal proceeding is terminated simultaneously. Now, our client is a green card holder. 

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CASE: I-130 (Petitions for Parent) and Adjustment of Status
CLIENT: Indian
LOCATION: Peninsula, OH

Our client retained us to petition for her mother who came to the U.S. from India to visit her daughter. Our client was born and raised in India, but was naturalized in the United States. She filed the I-130 petition for her mother and it was approved by the USCIS in April 2020. She contacted our office in June of 2020 and discussed her mother’s adjustment of status application. After the consultation, she retained our office on June 29, 2020. 

Once retained, our firm prepared and filed the I-485 Adjustment of Status Application on July 17, 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 May 6, 2021, our client’s mother was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our client. On the same day of the interview, the adjustment of status application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Saudi Arabian

LOCATION: Irving, TX

Our client contacted us in June 2020 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Saudi Arabia and obtained his green card in June 2015. We represented him in both his asylum and green card cases. 

His N-400 application was filed on July 3, 2020, with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On April 14, 2021, our client appeared at the Irving, TX USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, on April 28, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: PERM Labor Certification

EMPLOYER: School

BENEFICIARY: Filipina Middle School Science Teacher

LOCATION: Mt. Clemens, MI

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Education, a valid Michigan Teaching license, and has worked for her current employer since May 2018. Based on her education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in October 2019.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could only be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office assisted the Petitioner to file the job order on June 26, 2020.  On October 12, 2020, we filed PERM. 

Eventually, on May 3, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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CASE: N-400 Citizenship / Naturalization
APPLICANT: Filipino
LOCATION: Chicago, IL

Our client contacted us in August 2020. He came to the United States from the Philippines and became a permanent resident in 2003. He retained our office for his naturalization application on August 3, 2020. The main issue of his naturalization case was the two long, over six-month trips that he had within the past five years. 

According to INA §316(b) and 8 C.F.R. §316.5.(c)(1)(i), an absence between 6 months and 1 year from the United States raises a rebuttable presumption that continuity of residence has been interrupted. That would be an issue in naturalization cases, where continuity of residence is essential. Applicants with this issue should rebut that presumption. 

Our client was out of the United States for almost a year in consecutive years. Our client was in Switzerland during that time due to completion of his studies.  In our brief, we cited Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007), which held that in cases where an applicant left the country to study abroad after they became a permanent resident, the courts have ruled that such study does not result in abandonment of residency. We asked the CIS to also apply this to our client’s case since the facts in Li case is very analogous to our client’s. 

The brief and his N-400 application were filed on August 14, 2020 with all necessary supporting documents. Our office prepared him for his interview via conference calls. Our client appeared at the USCIS Chicago Field Office for his N-400 interview on April 28, 2021.  He answered all questions correctly and passed his citizenship interview. His N-400 was approved on April 29, 2021. His oath taking is scheduled soon where he will become a U.S. Citizen.

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