CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Columbus, OH

Our client came to the United States from China on a B-2 visitor’s visa in February 2015. She overstayed and remained in the United States afterwards.  She married a U.S. Citizen in August 2017 and retained our office for her green card application on September 25, 2019.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 14, 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 December 22, 2020, our client was interviewed at the Columbus, Ohio USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Tampa, FL

Our client came to the United States from the Philippines on a B-2 visitor’s visa in January 2011. She overstayed and remained in the US.  She married a U.S. Citizen in September 2019 and retained our office for her green card application on December 23, 2019.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 6, 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 December 22, 2020, our client was interviewed at the Tampa, Florida USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: I-751

APPLICANT: Korean

LOCATION: Hackensack, NJ

Our client contacted our office in March 2020 regarding her I-751 application.

She is from South Korea and she married a U.S. citizen in June 2017. Through her marriage, she obtained a 2-year conditional green card in May 2018.  Her conditional residency terminated in May 2020.

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 March 30, 2020, and our office prepared an I-751 application for our client with supporting documents.

On April 6, 2020, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. 

Eventually, on December 3, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: St. Petersburg, FL

Our client contacted our office in June of 2018 regarding her I-751 application.  She is from the Philippines and she married a U.S. citizen in November 2016. Through her marriage with a U.S. citizen spouse, she obtained her 2-year conditional green card in February of 2018. Therefore, her conditional residency terminated in February 2020. 

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They started living separately and their divorce proceedings were initiated. Thus, our client could not proceed with an I-751 joint filing with her ex-husband. We advised that we can help her file an I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On July 16, 2018, our office filed the I-751 application with various supporting documents (numerous exhibits and an affidavit over 3 pages) to demonstrate our client’s bona fide marriage with her ex-husband. 

In July 2020, the USCIS issued a Request for Evidence (RFE) for our client and requested her to submit a finalized divorce decree and more bona fide marital evidence with her ex-husband. Our office prepared and filed the Response to RFE on September 4, 2020.  Eventually, the USCIS approved her I-751 application on December 14, 2020. Now, she has her ten-year green card.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Winston Salem, NC

Our client contacted us in May 2020 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in May 2017 through marriage to his US Citizen spouse. We also did his green card and I-751 applications. 

Upon retention, his N-400 application was filed on May 19, 2020, with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On October 27, 2020, our client appeared at the Charlotte, NC USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. 

On October 27, 2020, the USCIS issued a Request for Evidence (RFE) asking our client to submit more bona fide martial evidence with his wife. Our office prepared and filed the Response to RFE on November 2, 2020. Eventually, on December 1, 2020, 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: Baptist Church
BENEFICIARY: Korean Assistant Pastor
LOCATION: Cary, NC

Our client is a Baptist church in Cary, NC which was willing to petition an Assistant Pastor position for a second-preference petition (I-140).  Our client’s prospective employee has a master’s degree in Theology. After talking to our client, our firm concluded that this employer can petition him as an Assistant Pastor.  Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s prospective employee’s credentials, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in on September 6, 2018. 

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On April 5, 2019, the prevailing wage request was filed.  Then, our office filed the job order on January 6, 2020.  On June 18, 2020, we promptly filed PERM.  Eventually, on December 22, 2020, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Now our client can file the I-140 petition.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: Fostoria, OH

Our client entered the United States in January 2020 from the United Kingdom. He came under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States only for 90 days.  He married his U.S. citizen spouse in March 2020. 

In March 2020, they contacted our office regarding adjustment of status through marriage. They retained our office on March 24, 2020.  One main issue was the fact that he 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 issuances.

Since our client resided in Fostoria Ohio, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff). It was foreseeable that the USCIS field office will exercise its discretion to deny his application because of his visa waiver entry.  

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on April 7, 2020.  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 at our office. On December 17, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved his adjustment of status application on the same day of the interview.  Now, our client is a green card holder. 

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CASE: I-751

APPLICANT: Korean

LOCATION: Darien, IL

Our client contacted our office in July of 2018 regarding her I-751 application. She is from South Korea and she got her two-year green card through marriage to a US Citizen. She obtained the 2-year conditional green card in November 2016. Thus, her conditional residency terminated in November 2018.

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 and we prepared an I-751 application for our client.

On October 26, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint tax documents, birth certificate of their daughter, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

In August 2019, the USCIS issued a Request for Evidence (RFE) and requested our client to submit more bona fide marriage documents. Our office filed the Response to RFE on November 11, 2019. 

In November 2020, the USCIS scheduled an interview for our client and her husband. On December 16, 2020, our client and her husband were requested to appear for the interview at the USCIS Chicago Field Office.  Prior to the interview, our office prepared them thoroughly via conference calls. The interview went well, and as a result, on December 16, 2020, the USCIS approved our client’s I-751 application.

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CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Canadian Dentist

Our client is from Canada, currently working in the United States as an associate dentist on an H-1B status. His employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s education and professional background, he is eligible for EB-2 classification. 

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. PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On December 10, 2019, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on April 1, 2020.  On June 8, 2020, we promptly PERM. On December 16, 2020, the PERM Labor Certification was approved – an EB2 position for the Canadian beneficiary. Now the I-140 petition can be filed.

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Exceptional Hardship

 NATIONALITY: Filipina

 LOCATION: Oakley, CA

Our client came from the Philippines as a J-1 teacher. Her J-1 status made her subject to the two-year foreign residency requirement. Our client would like to file her adjustment of status application along with her U.S. Citizen husband’s I-130 petition; however, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue her waiver under the No Objection Statement or Interest Government Agency (IGA) due to her previous marriage in the Philippines. Her only option was through exceptional hardship. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing exceptional hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After she retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On April 26, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Our office prepared an affidavit for our client, an extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with medical documents and doctor’s reports for her U.S. citizen husband’s medical condition.  

On May 9, 2019, our office filed an I-612 application to the USCIS. We asked for them to issue and recommend this waiver based on the fact that our client’s husband would experience exceptional hardship in the scenarios of relocation and separation. 

The USCIS issued a Request for Evidence (RFE) on March 16, 2020. They requested our client to submit more hardship documents. Our office thoroughly prepared the Response to RFE and filed it to the USCIS on May 22, 2020. 

Eventually, the USCIS approved his I-612 waiver on December 8, 2020. Now that our client’s two-year foreign residency requirement is waived, she can file her adjustment of status application along with her husband’s I-130 petition in the United States. 

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