CASE: Marriage-Based Adjustment of Status
CLIENT: Canadian
LOCATION: Cleveland Ohio

Our client came to the United States as a visitor from Canada in June 2017.  He has a U.S. citizen wife who filed an I-130 petition for him in 2017. Our client originally planned to file his immigrant visa via consular processing in Canada, but after he came to the U.S., he changed his mind.  He retained our office on September 19, 2017 for his adjustment of status application.  Our firm prepared and filed the Adjustment of Status Application on October 5, 2017.  His I-130 petition was approved in October 2017 as well. 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 in our office.  On June 14, 2018, our client was interviewed at the Cleveland, Ohio USCIS. Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  On the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Ghanaian                                                                                                   

LOCATION: Columbus, OH

Our client is from Ghana who worked in the United States under an H-1B status. In August 2016, our client married his current U.S. citizen wife.  He retained our office in September 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 3, 2016. 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 call. On January 23, 2017, our client was interviewed at the Columbus Ohio USCIS office.

The USCIS issued a Request for Evidence (RFE) on August 24, 2017 for our client. The RFE letter requested our client to submit more “bona fide” marital documents between him and his U.S. citizen wife. On October 3, 2017, our office filed a Response to RFE to the USCIS with a joint lease, joint bank accounts, joint insurance, joint tax documents, and multiple affidavits from their family and friends regarding the bona fideness of their relationship.  Eventually, on October 14, 2017, his green card application was approved.

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CASE: Immigrant Visa / Family-Based Petition

CLIENT: Thai

LOCATION: Bangkok, Thailand

Our client was in the United States on an F-1 status. He overstayed. Our client’s mother became a U.S. citizen and filed an I-130 petition for our client. This I-130 petition was approved, but he could not file adjustment of status due to his F-1 overstay. He was over 21.

Our client retained our office on May 4, 2016 for his immigrant visa application. He went home to Thailand as this was the only way he can immigrate through his mother. We had to argue that he had no unlawful presence despite his overstay because he was an F-1 overstay. Our office prepared and filed the immigrant visa packets, together with all necessary supporting documents, on June 20, 2016. Our office also prepared and drafted a brief to explain the eligibility of his immigrant visa despite his F-1 overstay.

Under 9 FAM 40,92 N1 on “Unlawful Presence: (b)(2):

DHS has interpreted ‘period of stay authorized by the Secretary of Homeland Security’ as used in the construction of unlawful presence in INA 212(a)(9)(B)(ii) to include… (2) For aliens inspected and admitted for ‘duration of status’ (DOS), any period of presence in the United States, unless DHS or an immigration judge or the BIA makes a formal finding of a status violation, in which case unlawful presence will only begin to accrue as of the date of the formal finding.”

Though our client overstayed his F-1 status, he never incurred any unlawful presence due to the “Duration of Status” clause implied on his F-1 entry, and the DHS, immigration judge, or the BIA never made any formal finding of a status violation on his part. Our client is also not inadmissible on any of the grounds laid out in INA 212(a).

Therefore, since our client is not subject to the unlawful presence bar and any of the inadmissibility statutes on INA § 212(a), he is eligible for an immigrant visa, based on the I-130 Petition filed by his U.S. citizen mother.

Prior to the interview, we thoroughly prepared our client. On October 5, 2016, our client was interviewed at the U.S. Embassy in Bangkok, Thailand. After the interview, our office filed another brief to the U.S. Embassy in Bangkok, Thailand for his eligibility for the immigrant visa. Eventually, on September 22, 2017, his immigrant visa was approved and issued by the U.S. Embassy in Bangkok, Thailand.  

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Malian
LOCATION: Cleveland, Ohio

Our client is from Mali who came to the U.S. on a F-1 Student Visa in August 2010 to study. Our client currently resides in the greater Cleveland area with his current U.S. Citizen wife. They were married in January 2015, and retained our office on January 6, 2016 for representation of our client at the Cleveland Immigration Court. Our client’s wife filed an I-130 Petition for our client with their former immigration lawyer in February 2015.  While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on January 26, 2016 for his initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did the pleading and sought for adjustment of status relief upon the approval of the I-130 petition.

Our client’s I-130 interview was scheduled on June 21, 2016 at Cleveland 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 two hours, but the I-130 petition was eventually approved on August 25, 2016.

Once 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 on January 5, 2017.  Now, he can file his I-485 adjustment of status application to USCIS to obtain his green card.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition

Our client is a Lawful Permanent Resident (Green card holder) who married his wife in Seoul, South Korea in December 2014.  After the marriage, he came back to the United States to work and retained our office for the I-130 and immigrant visa processing for his wife. With our assistance, the I-130 (F-2A category) petition was filed for his wife in South Korea in February 2015. This I-130 Petition was approved by the USCIS in November 2015

Once her priority date became current, we filed the immigrant visa packets to the National Visa Center on July 18, 2016, who in turn forwarded our client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the US Embassy in Seoul, and we prepared her for the interview. On December 2, 2016, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Seoul, South Korea approved and issued her immigrant visa.

With the approved immigrant visa, our client’s wife can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: Marriage-Based Immigrant Petition and Adjustment of Status

CLIENT: Filipina

LOCATION: Cleveland, OH

Our client came to the United States from the Philippines on a B-2 visitor’s visa in January 2012. She married a U.S. Citizen in February 2014 and retained our office on August 26, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485  of Status Application on October 28, 2015.  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 January 26, 2016, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on the same day of the interview, her green card application was approv

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Case: I-130/I-485

Potential Issue: Response to Notice of Intent to Deny

Client: Nigerian

Location: Fairfax, VA

Our client entered the United States in May 2008 from Nigeria with a B-2 visitor visa.  Later, she married her U.S. citizen husband in April 2012. She retained our office on February 12, 2013 for her adjustment of status application.

Our office prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 15, 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 client via conference calls for their USCIS adjustment of status interview.

On June 14, 2013, our client and her husband appeared at the Fairfax, VA USCIS office for her adjustment interview. The interview was extensive, and at the end of the interview, the USCIS officer scheduled another interview for them. The officer was suspicious regarding the bona fideness of our client’s marriage.

On September 5, 2013, Attorney JP Sarmiento accompanied our client and her husband again at the Fairfax, VA USCIS office her second interview. The interview took more than one hour and the officer thoroughly asked our client and her husband about the bona fide nature of the marriage and some martial issues that the officer had suspicions on.

On April 26, 2014, the USCIS issued a Notice of Intent to Deny (NOID).  The NOID claimed that there was substantial and probative evidence that the marital union between the Petitioner and Beneficiary is not bona fide.  Moreover, the NOID points out that the submitted documentation of Petitioner and Beneficiary does not establish a bona fide nature of their marriage. Lastly, the NOID claimed that there were no third party affidavits for their marital relationship.

In response to the USCIS’s NOID, our office helped our clients draft an extensive affidavit. Multiple supporting documents and an affidavit from our client were all included as well as letters from their friends and neighbors, joint utility bills, joint insurance, and several pictures of our client and his wife in several occasions with different people.  Several legal authorities were cited based on particular issues discussed, and on May 22, 2014, we filed the Response to NOID prior to the 30-day deadline.

Finally, on November 7, 2014, the USCIS approved our client’s case. Both 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: Ghanaian

LOCATION: Cleveland, OH

Our client came to the United States in September 2001 with an A-2 visa (The A-2 diplomatic visa is a nonimmigrant visa which allows foreign accredited officials, not in the diplomatic category, to enter into the U.S. to engage in official activities of their government) from Ghana. Since then, she has maintained her A-2 status, finished her school, and she is currently working as a nurse in the United States.

She married a U.S. Citizen in July 2013 and retained our office on October 25, 2013 for her adjustment of status application. They were not living together but based on our conversation, the marriage was bona fide. The US Citizen lived in Ohio, the beneficiary lived in Maryland.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 8, 2013.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. We also requested that the interview be held in Cleveland Ohio.

Prior to the interview, we thoroughly prepared our clients through conference calls. On June 9, 2014, our client was interviewed at the Cleveland, Ohio USCIS.  Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. On June 23, 2014, her green card application was approved.

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CASE: Adjustment of Status based on I-130 petition for minor step-son of US Citizen

CLIENT: US Citizen Petitioner; Mongolian Beneficiary

LOCATION: Cleveland, OH

Our clients are a U.S. citizen husband and his Mongolian wife in Cleveland, OH.  Our client has a son from her previous marriage. Her son came to the United States with B-2 visitor’s visa from Mongolia in September 2013 and has lived with them in Cleveland, Ohio.

Her U.S. citizen husband decided to petition for his step-son for an I-130 petition and the step-son wanted to file an adjustment of status application.

They contacted our office in January 2014 and retained our office to help them for the I-130 and I-485 for their step-son. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 13, 2014.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Eventually, on June 5, 2014, the USCIS approved both the I-130 petition and I-485 adjustment of status application without an interview. Now, our client’s minor step-son is a green card holder.

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CASE: I-130 (Response to Notice of Intent to Revoke)

CLIENT: US Citizen Petitioner; Honduran Beneficiary

LOCATION: Petitioner: Cleveland, Ohio; Beneficiary: Honduras

Our client contacted our office in late January of this year. He is a U.S. Citizen living in Cleveland, Ohio and sought legal assistance for his wife’s case in Honduras. When he contacted our office, his wife already had an immigrant visa interview twice at the U.S. Embassy in Honduras.  However, her interview did not go well, and the Embassy returned the petition to the USCIS for further review and action on January 15, 2014.  Eventually, the USCIS, based on a request from the U.S. Embassy in Tegucigalpa, Honduras, issued a Notice of intent to revoke his I-130 petition on January 24, 2014.

Our client married his Honduran citizen wife back in June 2012. Our client then filed an I-130 petition for his wife in September 2012.  On December 20, 2012, the USCIS approved the I-130 petition and his wife was eventually interviewed at the U.S. Embassy in Tegucigalpa, Honduras. However, the U.S. Embassy denied her immigrant visa application, and the approved I-130 petition was subsequently returned to the National Visa Center by the Department of State for further review and action, and as stated above, the USCIS then issued a Notice of Intent to Revoke.

After our office was retained, we filed a Response to Intent to Revoke on February 7, 2014 with the USCIS Cleveland Field Office. Over 75 pages of documents and 7 exhibits were submitted in our response.

In our response brief, we rebutted each and every question that was raised by the USCIS regarding the bona fide nature of our client’s marriage to his wife in Honduras. As a result, on April 9, 2014, the USCIS determined that they will not revoke our client’s I-130 petition.

Now that the CIS has reaffirmed the I-130 petition, our client’s wife will get her immigrant visa, and will be reunited with his husband after almost two years.

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