CASE: Adjustment of Status at Removal Proceeding
CLIENT: Ukrainian
LOCATION: Cleveland, OH

Our client came to the United States in April 2009 with a J-1 exchange visitor’s visa from Ukraine. His J-1 visa did not make him subject to the 2-year foreign residency requirement.  Later, he filed an asylum and his asylum interview was conducted by the USCIS. His case was referred to the Cleveland Immigration Court. His case was administratively closed in March 2016. 

He married a U.S. Citizen in January 2017.  Our client’s wife filed an I-130 petition on behalf of our client, and this I-130 petition was approved by USCIS in October 2018. Once the I-130 petition was approved, he client retained our office in December 2018 for his removal proceedings. 

Our office prepared and filed a Motion to Recalendar to the Cleveland Immigration Court on December 5, 2018. His case was recalendared to the immigration judge’s docket and our office prepared and filed an I-485 Adjustment of Status Application.

On January 4, 2021, Attorney Sung Hee (Glen) Yu represented our client’s at his Individual Hearing for adjustment of status at the Cleveland Immigration Court. The Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal proceeding has been terminated. Now, our client is a green card holder.    

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CASE: I-485 based on Approved I-140 (EB-1B)

 APPLICANT: Indian

 LOCATION: Hudson, OH

Our client is an assistant professor from India who is currently teaching at a state university. She has an approved EB-1B I-140 petition with a priority date of May 2015.  Our client has a Ph.D. degree and has worked for this school since August 2014. She has maintained her status as an H-1B visa holder in the United States.  

In September 2018, she contacted our office and retained us for her and her husband’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our client and her husband on October 3, 2018. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On September 17, 2019, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Though their interview went well, the visa numbers were not available for their cases in September of 2019. Nevertheless, on May 15, 2020, their I-485 applications were approved by the USCIS.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Lakewood, OH

Our client came to the United States from China and worked in the United States on her H-1B status. She married a U.S. Citizen in October 2019 and retained our office on November 8, 2019 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 21, 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 at our office. On March 2, 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 the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                       

LOCATION: Cleveland, OH

Our Indian client came to the U.S. on an H-1B visa. In September 2018, our client married his current U.S. citizen wife.  He 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 18, 2018. 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 April 5, 2019, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. On the same day, April 5, 2019, his green card application was approved.

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Nigerian
LOCATION: New Orleans, LA

Our client came to the United States in January 2009 with an F-1 student visa from Nigeria.  He married a U.S. Citizen in February 2014.  Our client’s wife filed an I-130 petition on behalf of our client, and this I-130 petition was approved by the USCIS New Orleans Field Office in October 2016.  After it was approved, our client contacted our office to seek legal representation at the Immigration Court and adjustment of status hearing. He also wanted us to file a Request to Join in a Motion to Terminate to the USDHS office in New Orleans.  

Our client retained us on February 10, 2017. Once retained, our office filed Request to Join in a Motion to Terminate to USDHS office in New Orleans on March 10, 2017. However, the DHS office refused to join in a Motion to Terminate. Thereafter, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the New Orleans Immigration Court.   

On May 10, 2018, Attorney Sung Hee (Glen) Yu represented our client’s at his Individual Hearing for adjustment of status at the New Orleans Immigration Court.  After the direct and cross examination, the Immigration Judge informed both parties that he will send the written decision. On June 25, 2018, the Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal proceeding is terminated simultaneously. Now, our client becomes a green card holder.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition / I-485 Adjustment of Status
CLIENT: Ghanaian
LOCATION: Cleveland, Ohio (EOIR) / Columbus, Ohio (USCIS)

Our client is a Ghanaian citizen who came to the U.S. on an F-1 Student Visa in August 2003 to study at a college in West Virginia.  He married his ex-wife in 2007, but their marriage ended sometime in 2011.  At the latter part of his previous marriage, his ex-wife, a U.S. Citizen, filed an I-130 petition for him, but later she withdrew the petition as their marriage was not working out at that time. The I-130 petition and our client’s I-485 application were denied, and a Notice to Appear was issued. Our client was placed into removal proceeding.

Our client then married his current U.S. Citizen wife in August 2011, and he retained our office on August 29, 2011. Once retained, our office immediately filed an I-130 Petition with bona fide marriage evidence on September 2, 2011.  While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on October 19, 2011 for his initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did pleadings, and sought adjustment of status relief upon approval of the I-130 petition.

Our client’s I-130 interview was held on March 26, 2012 at the Columbus USCIS Filed Office.  Prior to the interview, our office thoroughly prepared our client and his wife for the interview at our office. Attorney Yu also accompanied them for their interview. The interview lasted one hour, but the I-130 petition was eventually approved on the same day.

After the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice.

After his removal proceedings were terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on May 14, 2012. 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. On July 13, 2012, our client was interviewed at the Columbus USCIS office. Two days later, his I-485 application was approved.  After eight years in the United States, our client is finally a green card holder.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Chicago, IL

Our client came to the United States in January 1994 with an H-1B visa from the Philippines. Although her authorized stay expired on December 29, 1994, she remained in the United States. She married a U.S. Citizen in January 2011 and retained our office a few months later.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 17, 2012.  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 call. On July 11, 2012, our client was interviewed at the Chicago, IL USCIS.  We accompanied our client at her interview as well.  On the same day, her green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – Indian
Location: Cleveland, Ohio

Our client entered the United States in May 2011 from India with B-2 visitor visa. He married a U.S. citizen in October 2011 and retained our office on October 31, 2011 for his adjustment of status application.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on November 9, 2011.  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 26, 2012, our client was interviewed at the Cleveland, OH USCIS.

On February 29, 2012, the USCIS issued a Request for Evidence (RFE) for our client. The CIS requested more documents that will demonstrate the bona fide nature of our client’s marital relationship with his wife.  In response to that, our office filed a Response to RFE on April 24, 2012.  We submitted several notarized affidavits from Petitioner’s ex-husband, family, mutual friends and neighbors. Eventually, on June 28, 2012, the I-130 Petition and I-485 Green Card Application were approved. Our client is now a green card holder.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Swedish
LOCATION: Cleveland, OH

Our client came to the United States in June 2009 with an F-1 Student visa from Sweden.  He married a U.S. Citizen in March 2012 and retained our office on March 27, 2012 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 11, 2012.  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 June 28, 2012, our client was interviewed at the Cleveland, OH USCIS.  On the same day, his green card application was approved.

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CASE:  I-130
CLIENT: Mexican
LOCATION: Cleveland, OH

Our client is from Mexico who came to the U.S. without inspection and admission in 1988 with her parents. Since that time, she never left the United States.

In November 1991, our client’s father filed an I-130 (F2A) petition for her mother.  This I-130 petition was approved in March 1992.  At the time the I-130 Petition was approved, our client was a minor and was a derivative beneficiary. However, our client’s parents divorced in 2007.  Furthermore, our client was placed in removal proceeding in December 2009.

Around November 2010, our client contacted our office to represent her at removal proceedings. After we reviewed her previous immigration documents, we determined that she might be eligible to adjust her status under INA 245(i) and the Child Status Protection Act (CSPA).  She retained our office on December 1, 2010 and our attorney represented her at her master calendar hearing.  Cancellation of Removal relief was requested and we preserved possible adjustment of status relief through INA 245(i) and CSPA.

Section 245(i) of the INA allows certain foreign nationals to become permanent residents of the United States despite entering without inspection (EWI) or overstaying (if beneficiary of petitions filed not by an immediate relative). Immigrants are barred from adjusting their status if they entered the United States without first being inspected and admitted by a Customs and Border Patrol officer and if they have either failed to maintain lawful status or been unlawfully employed in the country, with certain exceptions. Section 245(i) was first added to law in 1994 to allow certain people who otherwise would not be eligible to adjust their status to be able to do so upon payment of a $1,000 fine.

Four years later, on January 14, 1998, Congress phased Section 245(i) out of law. Immigrants and their families who had already begun the process of changing their status under Section 245(i) by January 14, 1998 were grandfathered into the section’s benefits. However, this left thousands of otherwise qualified persons who had not begun the process unable to adjust status in the United States. They could not return to their countries to begin the legal process of obtaining their permanent residency in the United States also without being subject to either a three- or a 10-year bar upon returning to the United States.

On December 21, 2000, Congress extended the qualifying date for Section 245(i) benefits to April 30, 2001. This law allowed immigrants who had labor certifications or visa petitions filed on their behalf between 1998 and April 30, 2001, to qualify for adjustment of status. Those who were beneficiaries of petitions filed prior to January 14, 1998 could still adjust despite an EWI record, and those people do not have to meet the December 2000 physical presence requirement.

Section 3 of CSPA, codified in section 203(h) of the INA, provides that “If the age of the alien is determined to be 21 years of age or older… the alien’s petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.”

Our client was the derivative beneficiary of her father’s petition for her mother in November, 1991.  Our client is now older than 21. According to Section 3 of CSPA, a new I-130 petition by our client’s father on behalf of our client should automatically retain the priority date of the original I-130 petition, which was November 1991, in which our client was a derivative beneficiary. If this new I-130 is approved with a November 1991 priority date, our client would be eligible to adjust under 245(i) since the priority date is current and the petition was filed before January 1998.  So it was two petitions that saved her case, one for 245i, and the other for adjustment eligibility, retaining the old priority date under CSPA.

On January 11, 2012, our office filed the I-130 Petition with a cover brief (citing the CSPA provision) and other supporting documents.  Her I-130 was approved by the USCIS California Service Center on June 14, 2012 with the old priority date (November 1991).  Now, we can work on terminating her proceedings for CIS adjustment of status.

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