CASE: Marriage-Based Adjustment of Status

CLIENT: British

LOCATION: Brecksville, OH

Our client came to the United States from the United Kingdom on a J-1 exchange visitor’s visa. His J-1 program was not subject to the two-year foreign residency requirement. He married a U.S. Citizen in May 2020 and retained our office for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 1, 2020. Prior to the interview, we thoroughly prepared our clients via conference calls. On May 6, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Our client’s green card application was approved on the same day.

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CASE: Marriage-Based Adjustment of Status

CLIENT: British

LOCATION: Renton, WA

Our client came to the United States from the United Kingdom on a J-2 visa in September 1996. Since then, he has remained in the United States.  He married a U.S. Citizen in January 2018 and retained our office on January 23, 2019, for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 8, 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 March 31, 2021, our client was interviewed at the Seattle, WA USCIS office. Eventually, on the same day of his interview, his green card application was approved.

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CASE: Adjustment of Status (F-4 I-130)

CLIENT: British

LOCATION: Brentwood, CA

Our client came to the United States from the United Kingdom as a visa waiver visitor in April 2019. She came to the United States to visit her husband who got his green card based on his U.S. citizen sibling’s petition. Thus, our client was also eligible to file an adjustment of status application as a derivative beneficiary of the approved I-130 petition for her husband. 

She contacted our office for the eligibility of her adjustment status, and after the consultation, she retained our office on April 9, 2019 for her green card application.  Our firm prepared and filed the Adjustment of Status Application on April 18, 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 January 17, 2020, our client was interviewed at Fresno, California USCIS office. Eventually, on the same day of the interview, her green card application was approved.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: British

LOCATION: Mount Vernon, NY

Our client came to the United States in July 2018 as a K-1 visa entrant from the United Kingdom.  Our client is the beneficiary of an approved I-129F petition. He came to the United States as a K-1 Fiancé of a U.S. Citizen whom he married within 90 days of his entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States. He married in August of 2018. 

Our client contacted our office initially and consulted with us for his adjustment of status application. He retained our office on September 4, 2018. After the retention, our firm prepared and filed the I-485 Adjustment of Status Application on September 6, 2018.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

Thereafter, the USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients via conference call. On January 7, 2020, our clients were interviewed at the New York, NY USCIS office. Eventually, on the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: British

LOCATION: Parma, OH

Our client came to the United States from the United Kingdom on a B-2 visitor’s visa in 1993 when she was a minor. Since then, she has remained in the United States.  She married a U.S. Citizen in December 2007, and retained our office on February 28, 2019 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 19, 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 as well. On July 18, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Eventually, on the same day of the interview, her green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: Johnson City, TN

Our client entered the United States in May 2017 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  In January 2018, our client and his U.S. citizen girlfriend got married in the United States.

In May 2018, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on May 9, 2018.  One main issue in his green card application through marriage was the fact that he came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Since our client resided in Johnson City, TN, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  However, it was quite foreseeable that the USCIS field office will exercise its discretion to deny his application because of his visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on August 1, 2018.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared via conference call. On May 15, 2019, our client was interviewed at the Nashville, Tennessee USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved his green card application on the same day of the interview.  Now, our client becomes a green card holder.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: New Jersey

Our client entered the United States in February 2018 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  In April 2018, our client and her U.S. citizen boyfriend married in the United States.

After they got married, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office. One main issue in her green card application through marriage was the fact that she came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Since our client resided in New Jersey, her application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  However, it was quite foreseeable that the USCIS field office will exercise its discretion to deny her application because of her visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on May 21, 2018.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized stay period was expired. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared via conference call. On February 22, 2019, our client was interviewed at the Mount Laurel, New Jersey USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved her green card application on the same day of the interview.  Now, our client becomes a green card holder.

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CASE: Fiancé Visa

PETITIONER: US Citizen in New York

BENEFICIARY: British

PETITION FILED: October 16, 2017

PETITION APPROVED: April 16, 2018

K-1 VISA APPROVED: July 10, 2018

Our client, a US Citizen Petitioner, has known her fiancé since 1996. They started their relationship in 2017, and she visited the United Kingdom.  In August 2017, our client’s fiancé came to the United States and spent time with our client and went back to the United Kingdom. They decided to get engaged and our client decided to file a fiancé petition for her fiancé.  She retained our firm to file a fiancé petition for him on October 9, 2017.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on October 16, 2017.

On April 16, 2018, the I-129F fiancée petition was approved. On June 26, 2018, our client’s fiancé appeared at the U.S. Embassy in London, U.K. for his K-1 visa interview. The interview went well, and on July 10, 2018, the U.S. Embassy issued his K-1 visa.

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Case: I-130/I-485

Client: British

Location: Miami, FL

Our client entered the United States in November 2013 from the United Kingdom under the visa waiver program. He came here to visit his U.S. citizen girlfriend (now his wife).  As a Visa Waiver Entrant, he was only authorized to remain in the United States only for 90 days.  

Later, in February 2014, our client and his U.S. citizen girlfriend married in the United States. They contacted our office, and retained us after they got married.  One main issue in his green card application through marriage was the fact that he came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Since our client resided in Miami, FL, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  However, it was quite foreseeable that the USCIS field office will exercise its discretion to deny his application because of his visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 28, 2014.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before his authorized stay period was expired. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On August 17, 2014, our client was interviewed at the Miami, FL USCIS Field Office.

After the interview, his adjustment of status application was pending for a while. Later in 2015, the USCIS Miami Field Office scheduled an additional interview for our client. On April 10, 2015, Attorney Sung Hee (Glen) Yu accompanied our client and his wife at the Miami, FL USCIS office his second interview. The interview took more than three hours and the officer thoroughly asked our client and his wife about the bona fide nature of the marriage and some martial issues that the officer had suspicions on.

On January 20, 2016, the USCIS issued a Notice of Intent to Deny (NOID).  The NOID claimed that there was substantial and probative evidence that the marital union between the Petitioner and Beneficiary is not bona fide.  Moreover, the NOID points out that the submitted documentation of Petitioner and Beneficiary does not establish a bona fide nature of their marriage.

In response to the USCIS’s NOID, our office helped our clients draft an extensive affidavit. Multiple supporting documents and an affidavit from our client were all included as well as letters from their friends and neighbors, joint utility bills, joint insurance, and several pictures of our client and his wife in several occasions with different people.  Several legal authorities were cited based on particular issues discussed, and on February 5, 2016, we filed the Response to NOID prior to the 30-day deadline.

Nonetheless, the USCIS Miami Field Office scheduled additional interview for our client to appear. On January 12, 2017, Attorney Sung Hee (Glen) Yu accompanied our client and his wife again at the Miami, FL USCIS office his third interview.  Despite the visa waiver issue and the NOID, the USCIS officer finally approved his green card application on the same day.  Now, our client becomes a green card holder.

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CASE: I-485 (Based on EB-2 I-140 Approval)
CLIENT: British Engineering Manager
LOCATION: Cleveland, OH

Our client is an engineering manager from the United Kingdom, who is currently working at a molded component manufacturing company in the greater Cleveland area. The company/petitioner was willing to petition him for a green card, in the second-preference category (EB2).

Our client has a Bachelor’s degree and has more than 5 years of related work experience. He has maintained his status as an H-1B visa holder in the United States. The issue is that he can only renew his H-1B after an I-140 petition is approved. After talking to our client, our firm advised that his potential employer can petition him as an Engineering Manager, specifically, Liquid Injection Molding (LIM) Process Engineering Manager.

Prior to filing the PERM labor certification application, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. As mentioned on our previous success story, we filed the PERM labor certification application for our client on August 8, 2012. Two months later, on October 10, 2012, the PERM labor certification was approved. There were no audits in this application. Our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employment verification letters from our client’s previous employers, and other necessary supporting documents.

The I-140 Petition was filed on October 31, 2012 via premium processing. On November 8, 2012, in only eight days, the I-140 EB2 for our British client was approved.

After the I-140 was approved, our client retained our office again for his I-485 adjustment of status application. On March 28, 2013, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on May 31, 2013, only about two months later, the USCIS Nebraska Service Center approved our client’s I-485 application.  Our client now is a green card holder.

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