CASE: Marriage-Based Green Card (Same Sex Marriage Case)
CLIENT: Chinese
LOCATION: Cleveland, OH
Our client came from China on an F-1 student visa. She has a same-sex U.S. Citizen spouse and they married in August 2017 in California.
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.
Our client contacted our office and retained us on September 15, 2017 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 October 30, 2017. 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. On February 13, 2018, our clients appeared at 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 February 14, 2018.