CASE: Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Chinese
LOCATION: Cleveland, Ohio (EOIR) / Columbus, Ohio (USCIS)
Our client is a Chinese citizen who came to the U.S. on a B-2 Visitor’s Visa in June 2010. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings, which was initiated at the San Francisco Immigration Court in California.
Our client married his second husband in December 2011 in Columbus Ohio. She initially contacted our office for a Change of Venue to Cleveland. She retained our office on October 20, 2011. We then filed a Motion for Change of Venue from San Francisco to Cleveland on behalf of our client. The Immigration Judge granted the Motion and her case was transferred to the Cleveland Immigration Court.
Our office then prepared and filed an I-130 Petition with a lot of bona fide marriage evidence on December 9, 2011. The petition also included a bona fide marriage exception letter.
While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on April 11, 2012 for her initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented her at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition.
Our client’s I-130 interview was scheduled on June 19, 2012 at the Columbus USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his husband for the interview. Attorney JP Sarmiento also accompanied them at their interview. The interview lasted one hour, our clients were separated, but the I-130 petition was eventually approved on the same day.
After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on August 15, 2012.
After her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on September 4, 2012, together with other necessary forms and supporting documents. 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 over the phone.
On November 15, 2012, our client was interviewed at the Baltimore CIS office. Our client was fully prepared and the interview went well. On the same day, her green card application was approved.
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