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.