CASE: Marriage-Based Adjustment of Status

CLIENT: Vietnamese

LOCATION: Youngstown, OH

Our client came to the United States from Vietnam in April 2018 with her B-2 visitor’s visa. Since then, she has remained in the United States. She married a U.S. Citizen in November 2021. She retained our office on February 7, 2022 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 14, 2022. 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 May 17, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee Yu, Esq. from our office also accompanied our clients. On May 18, 2022, our client’s green card application was approved.

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

CLIENT: Vietnamese

LOCATION: Bedford Heights, OH

Our client came from Vietnam in December 2016 on a F-1 student visa. She has a same-sex U.S. Citizen spouse and they married in July 2021 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 the 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. 

Our client contacted our office and retained us on July 21, 2021 for her 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 August 3, 2021. 

Prior to the interview, we thoroughly prepared our clients via conference call. On January 13, 2022, our clients appeared at the USCIS Cleveland Field Office for the interview. Attorney Sung Hee (Glen) Yu accompanied our clients as well. The interview went well and our client’s green card application was approved on January 14, 2022.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Vietnamese

LOCATION: Warren, MI

Our client contacted us in January 2021 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Vietnam and obtained her green card in March 2016.  

Her N-400 application was filed on January 8, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via phone call.  On July 30, 2021, our client appeared at the Detroit, MI CIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client. Our client answered all questions correctly and passed her naturalization interview. Eventually, on August 2, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Vietnamese
LOCATION: Round Rock, TX

Our client contacted our office in March of 2019 regarding his daughter’s I-751 filing. Our client is from Vietnam and he married a U.S. citizen and got his conditional green card in 2015. He filed his I-751 application and his I-751 application was approved as well. When he was petitioned by his U.S. citizen wife, she also filed I-130 petitions for our client’s daughters and they got their conditional green card in March 2015. 

Unfortunately, during their marriage, our client and his ex-wife went through struggles. His ex-wife (his spouse at that time) refused to sign the form I-751 for his daughters to remove their conditional green cards. His daughters on their own (without an attorney) filed form I-751 under extreme hardship. In their application package, besides the required documents, each of them wrote a letter, explaining their hardships. The hardship evidence included leaving Vietnam at a very early age, being unable to communicate and continue learning, lack of safety protection, family separation, being unable to continue with their education, life insecurity, and physical and emotional depression. 

They client received a Request for Evidence for this I-751 application in January 2019 and contacted our office for legal assistance.  After consultation, we advised that we can help her re-file the I-751 application with a waiver of the joint filing requirement instead. We requested a waiver because our client (applicant’s father) entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On April 3, 2019, our office filed the I-751 application with various supporting documents.

Eventually, on December 3, 2020, the USCIS approved the I-751.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Vietnamese
LOCATION: Round Rock, TX

Our client contacted our office in March of 2019 regarding his daughter’s I-751 filing. Our client is from Vietnam and he married a U.S. citizen and got his conditional green card in 2015. He filed his I-751 application and his I-751 application was approved as well. When he was petitioned by his U.S. citizen wife, his wife also filed I-130 petitions for our client’s daughter and she (the daughter – the subject of this success story) got her conditional green card in March 2015. Therefore, her conditional residency terminated in March 2017.

Unfortunately, during their marriage, our client and his ex-wife went through struggles. His ex-wife (his spouse at that time) refused to sign the form I-751 for his daughters to remove their conditional green cards. His daughters had to file the form I-751 under extreme hardship. In their application package, besides the required documents, each of them wrote a letter, explaining their hardships if they are forced to depart from the U.S and return to Vietnam. The hardship evidence included the fact that they left Vietnam at an early age, being unable to communicate in Vietnamese anymore, no protection, family separation, being unable to continue with their education, life insecurity, and physical and emotional depression. 

Nevertheless, our client received a Request for Evidence for this I-751 application in January 2019 and contacted our office for legal assistance.  After consultation, we advised that we can help her re-file the I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client (applicant’s father) entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On April 3, 2019, our office filed the I-751 application with various supporting documents for the daughter. Eventually, on May 27, 2020, the USCIS approved our request for the removal of conditions on her permanent resident status without even an interview nor an RFE. Now, she has her ten-year green card.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Vietnamese

LOCATION: Newbury Park, CA

Our client came to the United States from Vietnam with a J-1 exchange visitor visa in 2006. She had government funding for her J-1 program, so she was subject to the 2 year foreign residency requirement. Though she married a U.S. Citizen in May 2016, she could not file her adjustment of status application without getting a waiver. With our office’s legal assistance, she was able to obtain a J-1 hardship waiver from the USCIS in January 2019. 

After the waiver approval and retained our office on January 28, 2019 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 13, 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 via conference calls. On December 2, 2019, our client was interviewed at Chatsworth, CA USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Vietnamese

LOCATION: Lubbock, TX 

Our client came to the United States from Vietnam on a J-2 visa in August 2014. Through our office’s legal assistance, he obtained his J-2 waiver in May 2018.  He married a U.S. Citizen in March 2018 and retained our office on April 18, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 9, 2018.  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 July 18, 2019, our client was interviewed at the Dallas, Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, after the interview, his green card application was approved.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Vietnamese
LOCATION: Stamford, CT

Our client is a citizen of Vietnam who came to the U.S. on a J-2 Visa in August 2008.  He came with his wife (now, his ex-wife) who held a J-1 Visa as an exchange visitor.  Both were subject to the two-year foreign residency requirement.

Unfortunately, while they are residing in the United States, his marriage did not work out well. Eventually, he got divorced from his ex-wife in August 2018 in Vietnam. Prior to their divorce, our client changed his status from J-2 to J-1 (his J-1 program is not subject to the two-year foreign residency requirement). He wanted to file the waiver so that he can be petitioned for H-1B by his current employer.

Our client contacted our office and retained our firm to do his J-2 waiver on December 3, 2018. On December 7, 2018, 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 March 25, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on May 15, 2019.

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Vietnamese

LOCATION: Lansing, MI

Our client contacted our office in December 2017 regarding her potential I-751 filing. She got her conditional green card in March 2016 through her marriage to her U.S. citizen spouse. Her conditional residency terminated in March 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 with other supplemental exhibits.

On January 28, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, 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.

Unfortunately, her husband suddenly passed away in December 2018. Thus, our client could not continuously pursue her I-751 joint petition with her late husband.  Nevertheless, our office filed I-751 conversion request to the USCIS based on April 3, 2009 Donald Neufeld Memo “I-751 Filed Prior to Termination of Marriage”. We filed the conversion request on December 26, 2018.

Eventually, the USCIS approved our client’s I-751 application on May 9, 2019 without any RFE or interview. Now, she has her ten-year green card.

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CASE: Marriage-Based Petition and Adjustment of status / I-130 / I-485

CLIENT: Vietnamese

LOCATION: Cleveland, OH

Our client came to the United States from Vietnam with a B-2 visitor’s visa in August 2016. Later, she married her current husband, who was a green card holder at the time of filing, in September 2016. Her husband filed an I-130 petition for her under the F2A category in February 2017.

Later, her husband became a naturalized U.S. Citizen in April 2017.

Our client retained our office in April 2017 for her I-485 adjustment of status application. Our office prepared and filed an I-485 adjustment of status application, together with all necessary supporting documents and pending I-130 petition, on April 14, 2017. We let USCIS office know that the pending I-130 petition should be changed to “Immediate Relative” category since the Petitioner became a U.S. citizen. 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 May 31, 2018, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients. Eventually, on June 5, 2018, the USCIS approved our client’s green card application.

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