CASE: Marriage-Based Green Card (Same Sex Marriage Case)
CLIENT: Filipino
LOCATION: Parma, OH
Our client came to the United States from the Philippines with a J-1 exchange visitor’s visa in November 2019. Since then, he has remained in the United States. His J-1 program was not subject to the two-year foreign residency requirement. In February 2021, 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 March 2, 2021 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 March 23, 2021. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time.
Prior to the interview, we thoroughly prepared our client via conference call. On December 13, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients. The green card application was approved on December 14, 2021.