CASE: Marriage-Based Adjustment of Status

CLIENT: Japanese

LOCATION: New York, NY

Our client came to the United States from Japan and has worked as an engineer on his H-1B visa. He married a U.S. Citizen in June 2019 and retained our office on June 26, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 22, 2019.  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 September 30, 2020, our client was interviewed at the New York, NY USCIS office. Eventually, on the same day of the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status (F-2A – Spouse of Green Card Holder)

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India and worked as a consultant on an H-1B visa. He married a U.S. green card holder in March 2020 and retained our office on March 29, 2020, for his green card application.  Since visa numbers were available for the F-2A category, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 1, 2020 simultaneously.  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 September 25, 2020, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of the interview, his green card application was approved.

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

CLIENT: Filipino

LOCATION: Eagle Butte, SD

Our client came to the United States from the Philippines on a J-1 exchange visitor’s visa.  In December 2016, he married his U.S. Citizen same-sex spouse in South Dakota.  

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. 

They married in South Dakota where same-sex marriage is recognized. Our client contacted our office and retained us on August 26, 2019 for his I-485 adjustment of status application. His U.S.Citizen spouse already filed an  I-130 petition for him and it was approved. However, our client waited for getting his J-1 waiver before he can file his adjustment of status application. Our firm prepared and filed the I-485 adjustment of status application together with all necessary supporting documents on January 7, 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 via conference calls. On September 23, 2020, our client was interviewed at the Omaha, NE USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Christiansted, VI

Our client came from the Philippines on a J-1 visa in September 2016 to work as a teacher. She was subject to the two-year foreign residency requirement. Her wanted sponsor her green card and she consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact that she has a U.S. citizen son. 

On March 3, 2020, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We then prepared and filed the No Objection Request to the EVP. Eventually, the No Objection Statement was issued. 

On September 10, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  On September 23, 2020, the USCIS issued an I-612 approval notice for the waiver.

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Case: I-130/I-485
Applicant/Beneficiary – Italian
Location: Strongsville, OH

Our client entered the United States in February 2020 from Italy under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  He married his U.S. citizen wife in March 2020. After he entered the United States in February 2020, he never left.  

In April 2020, they contacted our office and consulted with us regarding adjustment of status. They retained our office on April 7, 2020.  One main issue in his green card application through marriage 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 issuance.

Since our client resided in Strongsville, Ohio, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on April 17, 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 September 21, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen)Yu, Esq. accompanied our clients. Eventually, 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: Marriage-Based Adjustment of Status

CLIENT: Korean

LOCATION: Akron, OH

Our client came to the United States from South Korea on a B-2 visitor’s visa in December 2019. She married a U.S. Citizen in March 2020 and retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 10, 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 September 20, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Aurora, OH

Our client contacted us in February 2020 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from India and she obtained her green card in April 2017 through marriage to her US Citizen spouse. 

Her N-400 application was filed on March 20, 2020 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On September 21, 2020, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, on September 23, 2020, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-751

APPLICANT: Korean

LOCATION: Cuyahoga Falls, OH

Our client contacted our office in December of 2018 regarding her I-751 application.

She is from South Korea and she married a U.S. citizen in September 2016. Through her marriage, she obtained a 2-year conditional green card in February of 2017.  Her conditional residency terminated in February 2019.

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 December 11, 2018 and our office prepared an I-751 application for our client with all requirements.

On December 20, 2018, 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. 

Once the application was filed, the fingerprint notice was issued and extended our client’s LPR status. However, the USCIS issued a 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 September 3, 2020.  

Eventually, on September 23, 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: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Math Teacher

LOCATION: Casa Grande, AZ

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 Arizona Teaching license, and has worked for her current employer since August 2015. Based on our education and credentials, our office determined that she is clearly eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in September 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 filed the job order on February 17, 2020.  On April 26, 2020, we promptly filed PERM. 

Eventually, on September 18, 2020, 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: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Orlando, FL

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. He was subject to the two-year foreign residency requirement. His prospective employer wanted to sponsor his H-1B and consulted with our firm for his J-1 visa waiver. If someone is subject to the two-year foreign residency requirement, he or she cannot change status to H-1B in the United States until he or she fulfills the requirement or obtains a waiver.

Our office told our client that he can apply for a waiver under the No Objection Statement category based on the fact that he has a U.S. citizen child. 

On January 7, 2020, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On April 13, 2020, our office sent our client’s NOS application to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On August 25, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 14, 2020, the USCIS issued an I-612 approval notice for the waiver.

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