CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: Akron, OH

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

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They lived separately for a while and their divorce was finalized in September 2019. Thus, our client could not file I-751 application jointly with her ex-husband. After consultation, we advised that we can help her file the 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 October 16, 2020, our office filed the I-751 application with various supporting documents (including a detailed affidavit) to demonstrate our client’s bona fide marriage with her ex-husband.  In January 2022, the USCIS scheduled our client’s I-751 interview. We prepared our client for her interview via conference calls. On February 11, 2022, our client appeared at the USCIS Cleveland Field Office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client. On the same day of the interview, the USCIS approved our request for the removal of conditions on her permanent resident status. Now, she has her ten-year green card.

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Issue: Arriving Alien / Adjustment of Status

Nationality: Chinese

Location: Cleveland, Ohio

Our client came to the United States in 1991 without any documents (such as a passport or a visa) from China.  Once he arrived at the Los Angeles International Airport, he was inspected by the DHS officer and was paroled into the United States.  He applied for asylum relief after he was paroled in, but, his asylum relief was denied by the Immigration Judge in 1993. Thus, he had a final order of removal (exclusion).  

According to 8 C.F.R 1.1, the term arriving alien means “an applicant for admission coming or attempting to come into the United States at a port-of-entry, or an alien seeking transit through the United States at a port-of-entry, or an alien interdicted in international or United States waters and brought into the United States by any means, whether or not to a designated port-of-entry. An arriving alien remains an arriving alien even if paroled pursuant to section 212(d)(5) of the Act, and even after any such parole is terminated or revoked.

Despite his final order of removal, our client remained in the United States and his biological daughter became 21 years old in 2020.  Our client consulted with our firm and retained us on August 18, 2020. 

Arriving Aliens can adjust his or her status even though they were subject to removal proceedings previously.   On May 12, 2006, the Attorney General (through the Executive Office for Immigration Review (EOIR)) and the Secretary of the Department of Homeland Security (through DHS) jointly issued an interim rule that repealed former 8 C.F.R. §§ 245.1(c)(8) and 1245.1(c)(8). These two former regulations barred all “arriving aliens” – including parolees – from adjusting to permanent resident status if they were in removal proceedings.  Additionally, the interim rule set forth new regulations governing the jurisdiction of both EOIR and USCIS over adjustment applications in general and the adjustment applications of “arriving aliens” in particular. 

The January 12, 2007 USCIS memo states that USCIS can decide an adjustment application of a parolee with a final order under these interim regulations. 

• Under the amended jurisdictional provisions of the interim regulations, USCIS has been given jurisdiction over the adjustment applications of all arriving aliens regardless of whether they are in removal proceedings, with a limited exception for certain advance parolees not relevant to this practice advisory. 

• Specifically, the amended regulations grant USCIS “jurisdiction to adjudicate an application for adjustment of status filed by any alien, unless the immigration judge has jurisdiction to adjudicate the application under 8 C.F.R. § 1245.2(a)(1).” 8 C.F.R. § 245.2(a)(1). The regulations strip an immigration judge of jurisdiction over the adjustment application of an “arriving alien” in proceedings. 8 C.F.R. § 1245.2(a)(1). Consequently, since the immigration judge does not have jurisdiction over such applications, USCIS does, in accord with this regulation. See also 92 Fed. Reg. at 27587 (explaining that one purpose of the amendments to the regulations is to make clear that USCIS has jurisdiction over the adjustment applications of “arriving aliens” in proceedings). 

Thus, our office thoroughly prepared and filed the I-130 Petition and I-485 Adjustment of Status application in accordance with the regulations on September 22, 2020.  Everything went smoothly and the receipt notices, finger print notices, and work authorization all came on time.  Prior to the interview, our office thoroughly prepared our client for their upcoming USCIS adjustment of status interview.

On May 25, 2021, Attorney Yu accompanied our client and his daughter in Cleveland USCIS office.  Though the interview went well, the USCIS issued the Request for Evidence and requested our client to submit a certified copy of our client’s marriage certificate. We submitted it on December 3, 2021. Eventually, the USCIS approved our client’s I-485 adjustment of status application on February 3, 2022. Despite being a parolee and “arriving alien” in the United States for the last 20 years, he finally is a permanent resident of the United States.  

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Ghanaian                                                                          

LOCATION: Columbus, OH

Our client is from Ghana who came to the U.S. on a J-2 visa in February 2012. In February 2020, our client married his U.S. citizen wife. He retained our office on November 5, 2020 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 4, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment notices, and the employment authorization document all came on time. Prior to the interview, we prepared our clients at our office via conference calls. On November 10, 2021, our client was interviewed at the Columbus, OH USCIS office. 

However, the USCIS office issued a Request for Evidence (RFE) after the interview. The USCIS office specifically requested our client to submit more bona fide marital documents between him and his wife. Our office filed the Response to RFE on January 10, 2022. On February 1, 2022, his green card application was approved.

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

Our client is a U.S. citizen who married his wife in India in December 2017.  After the marriage, he came back to the United States and retained our office for the I-130 and immigrant visa filing for his wife. He retained our office on January 24, 2020. Our office prepared and filed the I-130 petition for his wife on February 20, 2020. The I-130 petition was approved by the USCIS on May 1, 2020. 

Once the I-130 petition was approved, we filed the immigrant visa packets to the National Visa Center on October 16, 2020, who in turn forwarded our client’s materials to the U.S. Consulate General in Ciudad Juarez, Mexico. An interview notice was set for the client at the U.S. Consulate General in Ciudad Juarez, and we prepared her for the interview. On February 8, 2022, the interview was conducted.  Eventually, on the same day of the interview, the U.S. Consulate General in Ciudad Juarez, Mexico 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 Adjustment of Status

CLIENT: Korean

LOCATION: Cleveland Heights, OH

Our client came to the United States from South Korea on a F-1 student visa. She married a U.S. Citizen in August 2021 and retained our office on August 20, 2021 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 19, 2021 Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On February 1, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Eventually, on February 2, 2022, our client’s green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Brooklyn Heights, OH

Our client contacted us in April 2021 to seek legal representation for his naturalization application. He came to the United States from India and obtained his green card in December 2017 through marriage to his US Citizen spouse. 

We filed his N-400 application on May 28, 2021. Prior to his citizenship interview, our office prepared him via conference calls.  On January 27, 2022, 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 February 1, 2022, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Nigerian

LOCATION: Richmond Heights, OH

Our client contacted us in October 2021 to seek legal representation for his application. He came to the United States from Nigeria and obtained his green card in September 2018 through his marriage.. 

We filed his N-400 application on October 12, 2021. On January 31, 2022, 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 February 1, 2022, 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: Canadian

LOCATION: Rocky River, OH

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

She is from Canada and she married a U.S. citizen. Through her marriage, she obtained a 2-year conditional green card in January of 2019. Thus, their conditional residency terminated in January 2021. 

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 our office prepared the application.

On November 5, 2020, our office filed the I-751 application. In December 2021, the USCIS scheduled an interview for our client and her husband. Our client and her husband were requested to appear for the interview at the USCIS Cleveland Field Office on January 28, 2022.  Glen Yu from our office accompanied them at the interview. The interview went well, and on the same day of her interview, the USCIS approved our client’s I-751 application.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Jamaican
LOCATION: Bedford Heights, OH

Our client contacted our office in November of 2019 regarding his potential I-751 filing. He is from Jamaica and he married a U.S. citizen in March 2017. Through his marriage, he obtained a 2-year conditional green card in February 2018. Therefore, his conditional residency terminated in February 2020.

Unfortunately, during their marriage, our client and his ex-wife went through struggles. Therefore, they lived separately for a while and eventually got divorced. Thus, our client could not file the I-751 application jointly with his ex-wife. 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 December 13, 2019, our office filed the I-751 application with various supporting documents (including a detailed affidavit from our client) to demonstrate our client’s bona fide marriage with his ex-wife.  On November 12, 2020, the USCIS issued a Request for Evidence and requested our client to submit additional bona fide marriage document swith his ex-wife. Our office filed the Response to RFE with additional evidence on January 8, 2021. Our client also appeared at the I-751 interview at the USCIS Cleveland Field Office on April 9, 2021. Prior to the interview, our office prepared him thoroughly in our office and also accompanied them at the interview as well.

Eventually, on January 25, 2022, the USCIS approved the I-751 waiver application. Now, he has his ten-year green card.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Filipina

LOCATION: Akron, OH

Our client came to the United States in September 2021 as a K-1 visa entrant from the Philippines.  Our client is the beneficiary of an approved I-129F petition. She got married within 90 days of her entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States. She got married in September of 2021. 

Our client contacted our office initially and consulted with us for her adjustment of status application. She retained our office on September 17, 2021.  After retention, our firm prepared and filed the I-485 Adjustment of Status Application on September 24, 2021.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

Thereafter, the USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients via conference calls. On January 25, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. On January 26, 2022, her green card application was approved.

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