CASE: Marriage-Based Adjustment of Status

CLIENT: Ukrainian

LOCATION: North Royalton, OH

Our client came to the United States from Ukraine in June 2019 on her B-2 visa. Since then, she has remained in the United States. She married a U.S. Citizen in December 2021. She retained our office on December 20, 2021 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 27, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Prior to the interview, we prepared our clients via conference call. On April 5, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento, Esq. from our office also accompanied our clients. On April 7, 2022, our client’s green card application was approved.

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

Our client contacted our office in late December 2018 regarding her potential I-751 filing. She is from Ukraine and she married a U.S. citizen in February 2018. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in June of 2018. Therefore, her conditional residency terminated in June 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 December 2018. Thus, our client could not file the 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 January 9, 2019, our office filed the I-751 application with various supporting documents to demonstrate our client’s bona fide marriage with her ex-husband. 

In October 2020, the USCIS issued a Request for Evidence (RFE) for our client and requested to that she submit more bona fide marital evidence with her ex-husband. Our office prepared and filed the Response to RFE on November 10, 2020.  

In September 2021, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client in or office for potential issues at the interview. On November 18, 2021, our client was interviewed for her I-751 application at the USCIS Cleveland, OH Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied our client. The interview was very extensive and the officer questioned her a lot on the nature of her marriage with her ex-husband.  Nevertheless, the USCIS approved her I-751 application on November 18, 2021. Now, she has her ten-year green card.

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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: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Ukrainian

LOCATION: New York, NY

Our client is a citizen of Ukriane who came to the U.S. on a J-2 Visa in July 2002.  He came with his father who was on a J-1 Visa for his research program. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After our client came to the United States, he attended a school and his family moved to Canada after his father’s research scholar period ended. Our client came back to the United States with an H-1B visa.

He turned 21 in April 2014. Early this year, his employer told him that they wanted to file an I-140 petition for him. However, because of his two-year foreign residency requirement, our client cannot adjust his status in the United States without the fulfillment of the requirement or 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. In fact, our client turned 21 in April 2014.

Our firm was retained and on July 2 2020, 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 September 28, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On October 9, 2020, the USCIS issued an I-612 approval notice.

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CASE: I-130 (Petitions for Parent) and Adjustment of Status

CLIENT: Ukrainian

LOCATION: Parma, OH

Our client and his parents contacted our office in July 2018. Our client’s parents came to the United States in November 1994 with a  B-2 visitor’s visa. They have remained in the United States since then. While they were in the United States, they filed for asylum in the United States and were placed in removal proceedings. Their removal proceedings were terminated by the immigration judge and they have remained in the United States.

Our client’s son became 21 years old in March 2019. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Applications on April 1, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On September 23, 2019, our clients appeared at their I-485 adjustment of status interview at Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. 

Eventually, on the same day of her interview, our client’s mother’s adjustment of status application was approved. However, the USCIS issued Request for Evidence for our client’s father and requested the certified copy of his criminal record in the 90s. Our office filed the Response to RFE on October 16, 2019. On October 30, 2019, our client’s father’s adjustment of status application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Ukrainian
LOCATION: Sandusky, OH

Our client came to the United States in May 2015 on a J-1 exchange visitor visa from Ukraine.  She married a U.S. Citizen in February 2019 and retained our office on February 12, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 11, 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. On September 9, 2019, our client was interviewed at the Cleveland, Ohio USCIS.  Attorney Sung Hee (Glen) Yu, Esq. accompanied them at the interview as well.  Eventually, on September 11, 2019, her green card application was approved.

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CASE: I-751

APPLICANT: Ukrainian

LOCATION: Lyndhurst, OH

Our client contacted our office in December of 2017 regarding her and her son’s I-751 applications.

She is from Ukraine and married a U.S. citizen. Through her marriage, she and her son obtained a 2-year conditional green card in April of 2016. Thus, their conditional residency terminated in April 2018. 

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 an I-751 application for our client and her son with other supplemental exhibits.

On February 12, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint tax documents, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued the Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with her husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on March 25, 2019. 

Nonetheless, the USCIS scheduled an interview for our client and her husband. On July 16, 2019, our client and her husband were requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared them thoroughly in our office and also accompanied them at the interview as well. The interview went well, and as a result, on the same day of the interview, the USCIS approved our client’s I-751 application.

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CASE: I-485 Adjustment of Status after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Ukrainian
LOCATION: Los Angeles, CA

Our Ukrainian client came to the United States in March 2010 on a J-1 visa. Her program was not subject to the 2 year foreign residency requirement. She remained in the United States since then. Later, she filed an asylum application to the USCIS and her asylum case was referred to the Los Angeles Immigration Court.

In May 2016, she married her U.S. citizen husband and an I-130 petition was filed for her. While her I-130 petition was pending, the Immigration Judge administrative closed her removal proceedings. Eventually, the I-130 petition was approved in February 2017.

Once the I-130 petition was approved, our client contacted our office to seek a legal representation at the Immigration Court and adjustment of status hearing. She also wanted us to file Request to Join in a Motion to Terminate to USDHS office in Los Angeles, CA.   

Our client retained us on February 20, 2017. Once retained, our office filed Motion to re-calendar to the LA immigration court. Her case was re-calendared on the IJ’s docket and her individual hearing date was scheduled. Later, our office filed Request to Join in a Motion to Terminate to USDHS office in Los Angeles on November 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 Los Angeles Immigration Court.   

On May 24, 2018, Attorney Sung Hee (Glen) Yu represented our client’s at her Individual Hearing for adjustment of status at the Los Angeles Immigration Court.  Prior to the hearing, Immigration Judge held a pre-trial conference with Attorney Yu and the DHS counsel. During the pre-trial conference, and all of the possible issues were examined. At the conclusion of the conference, DHS agreed not to oppose our Motion to Terminate without prejudice.

Our office filed Unopposed Motion to Terminate without prejudice to USDHS office in Los Angeles, CA on June 21, 2018. On June 29, 2018, the Immigration Judge granted our motion and terminated our client’s case without prejudice.

Our office informed the USCIS that our client’s removal proceeding was terminated. The USCIS scheduled the adjustment of status interview for our client. Prior to the interview, we thoroughly prepared our clients via conference call. On November 19, 2018, our client was interviewed at the Los Angeles, CA USCIS. After the interview, her I-485 application was approved.  Now, our client became a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ukrainian

LOCATION: Cleveland, OH

Our client came to the United States from Ukraine on a B-2 visitor’s visa in September 2015. She married a U.S. Citizen in November 2015 and retained our office on December 16, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 21, 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 June 7, 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 approved.

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

CLIENT: Ukrainian

LOCATION: Cleveland, OH

Our client came to the United States in December 2015 as a K-1 visa entrant from Ukraine.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you married the 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.

Our client contacted our office initially in the middle of January 2016 and consulted with us for her adjustment of status application. After retention, our firm prepared and filed the I-485 Adjustment of Status Application on January 29, 2016.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client.  On April 22, 2016, her green card application was approved.

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