CASE: Marriage-Based Adjustment of Status

NATIONALITY: India

LOCATION: Cleveland Heights, OH 

Our client is from India who came to the U.S. on an H-1B as a physician. In March 2021, our client married his U.S. citizen wife.  He retained our office on May 10, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 18, 2021.  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 October 29, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney JP Sarmiento accompanied our clients as well. Eventually, on the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: India

LOCATION: Cleveland, OH 

Our client is from India who came to the U.S. on a F-1 student visa. In March 2021, our client married his U.S. citizen wife.  He retained our office on March 5, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 16, 2021.  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 October 22, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients. On the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: India

LOCATION: Youngstown, OH 

Our client is from India who came to the U.S. on a B-2 visitor’s visa in December 2018. Since then, he has remained in the United States. In December 2019, our client married his U.S. citizen wife.  He retained our office on February 3, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on March 26, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our. On October 25, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney JP Sarmiento accompanied our clients. On October 26, 2021, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization w/ Rebuttable Presumption and Continuity of Residence Issues)

APPLICANT: Indian

LOCATION: Highland Heights, OH

ISSUES: Rebuttable Presumption / Continuous Residence

Our client contacted us in August 2021 to seek legal representation for his naturalization application. He came to the United States from India and obtained his green card in May 2012. He was abroad for school from October 2016 to July 2017.

He retained our office for his naturalization application on August 10, 2021.

The main issue of his naturalization case was that one long, over six-month trip he had within last 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 should they wish to apply.

Our client was out of the U.S. more than 180 days once.  During this trip, he was in India to finish his high school. Because of that he could not come back to the United States earlier.  

According to Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007), in cases where an applicant left the U.S. to study abroad after they became a permanent resident, the courts have ruled that such study does not result in abandonment of residency. Our office drafted an extensive brief which explained the nature of our client’s long trip abroad and argued that he is otherwise eligible for naturalization despite his long trip outside United States.

The brief and his N-400 application were filed on August 20, 2021 with all necessary supporting documents. Our office prepared him for his interview through conference call. Our client appeared at his naturalization interview on October 13, 2021 at the Cleveland Ohio USCIS Field Office.  Attorney JP Sarmiento also accompanied our client. Our client answered all questions correctly and passed his citizenship interview. His N-400 was approved on October 14, 2021. His oath taking is scheduled where he will become a U.S. Citizen.

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CASE: J-2 Waiver / Over 21-year-old

NATIONALITY: Indian

LOCATION: New Britain, CT

Our client was a citizen of India who came to the U.S. on a J-2 Visa in August 2000.  She came with her father who was on a J-1 Visa as a researcher in the U.S. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years, or win a waiver application, before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in March 2015.  By getting a waiver, she would have filed her adjustment of status application based on her U.S. citizen husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the requirement or winning a waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. 

Our firm was retained to do her J-2 waiver and on March 26, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on August 31, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 2, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: North Canton, OH

Our client contacted us in May 2021 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 January 2021.

His N-400 was filed on May 14, 2021. Prior to his citizenship interview, our office prepared him via conference calls.  On July 26, 2021, our client appeared at the Cleveland, Ohio USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On July 29, 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: I-485 based on Approved I-140 (EB-3)

 APPLICANT: Indian

 LOCATION: Solon, OH

Our client is a computer systems analyst from India. His company was willing to do a third-preference petition (I-140) for him.  He has maintained his status as an H-1B visa holder in the United States.  He had an approved I-140 petition which was filed by his current employer and this I-140 petition’s priority date was October 24, 2011.

In October 2020, his priority date became current. He contacted our office and retained us for his and his wife’s I-485 adjustment of status applications. Our office filed the I-485 adjustment of status applications on October 27, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on July 27, 2021, the USCIS approved our client’s adjustment of status application. He is now a green card holder.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Cleveland, OH

Our client contacted us in April 2020 to seek legal representation for his naturalization application. He came to the United States from India and obtained his green card in July 2015. 

After retention, his N-400 application was filed on April 17, 2020. Prior to his citizenship interview, our office prepared him via conference calls.  On February 23, 2021, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. Eventually, on July 15, 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: I-751

APPLICANT: Indian

LOCATION: Cleveland, OH

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

He is from India and he married a U.S. citizen in July 2018. He obtained his 2-year conditional green card in December 2018. His conditional residency terminated in December 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 October 2, 2020. On October 13, 2020, our office filed the I-751 application to the USCIS. There was no RFE. On July 8, 2021, the USCIS approved the case and he received her 10-year green card.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Indian
LOCATION: Petaluma, CA

Our client is a citizen of India who came to the U.S. on a J-2 Visa in April 2012.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement. 

Eventually, she got divorced from her ex-husband in November 2020. Our client wanted to change her status in the U.S; however, she cannot do it unless she fulfills the two year foreign residency requirement or obtains a waiver.

She retained our firm to do her J-2 waiver. On November 2, 2020, the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  Eventually, on May 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. The USCIS issued the I-612 waiver approval notice on July 2, 2021.

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