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: Marriage-Based Adjustment of Status

NATIONALITY: Ghanaian

LOCATION: Akron, OH 

Our client is from Ghana who came to the U.S. on a F-1 student visa. In December 2018, our client married his U.S. citizen wife.  He retained our office on March 2, 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. On October 22, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney JP Sarmiento accompanied our clients. On the same day of his interview, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Korean

LOCATION: Columbus, OH

Our client contacted us in June 2021 to seek legal representation for his naturalization application. He came to the United States from South Korea and obtained his green card in March 2008. 

His N-400 application was filed on June 29, 2021 with all supporting documents. Prior to his citizenship interview, our office prepared him. On October 14, 2021, our client appeared at the Columbus, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on the same day. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Hong Kong                                                                                      

LOCATION: Medina, OH 

Our client is from Hong Kong who came to the U.S. on a B-2 visitor’s visa in October 2020. In January 2021, our client married her U.S. citizen husband.  She retained our office on February 9, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 2, 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 19, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. On the same day of her interview, her green card application was approved.

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

CLIENT: Filipino

LOCATION: Marion, OH

Our client came to the United States from the Philippines on a B-2 visitor’s visa in April 2017. Since then, he has remained in the United States. In September 2020, he married his U.S. Citizen same-sex spouse in Ohio.

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 Ohio where same-sex marriage is recognized. Our client contacted our office and retained us on October 2, 2020 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application together with all necessary supporting documents on October 23, 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 16, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, our client’s green card application was approved on October 13, 2021.

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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: Marriage-Based Adjustment of Status

NATIONALITY: Macedonian                                                                                         

LOCATION: Parma, OH 

Our Macedonian client came to the U.S. on a F-1 student visa. In January 2021, our client married her U.S. citizen husband.  She retained our office on January 29, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 5, 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 13, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. On the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Colombian                                                                                      

LOCATION: Parma, OH 

Our client is from Colombia who came to the U.S. on a F-1 student visa. In January 2021, our client married her U.S. citizen husband.  She retained our office on January 28, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 2, 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 14, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney JP Sarmiento accompanied our clients as well. On October 15, 2021, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Ivorian                                                                                    

LOCATION: Parma, OH 

Our client is from Ivory Coast (Cote D’Ivoire) who came to the U.S. on a F-1 student’s visa. In September 2020, our client married her current U.S. citizen husband.  She retained our office on January 25, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 2, 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 at our office via conference calls. On October 14, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney JP Sarmiento accompanied our clients as well. Eventually, on October 15, 2021, her green card application was approved.

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