Case: I-130/I-485
Applicant/Beneficiary – German
Location: Cleveland, OH

Our client entered the United States in August 2020 from Germany under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  She married her U.S. citizen spouse in October 2020. 

In November 2020, they contacted our office and consulted with us regarding adjustment of status. They retained our office on November 2, 2020.  One 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 Cleveland, Ohio, her application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on November 12, 2020.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On May 14, 2021, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved her adjustment of status application on the same day of the interview.  Now, our client is a green card holder.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: German

LOCATION: Warner Robins, GA

Our client contacted us in March 2020 to seek legal representation for his naturalization application. He came to the United States from Germany and he obtained his green card in February 2013.

We filed his N-400 on June 16, 2020. Prior to his citizenship interview, our office prepared him via conference calls.  On March 16, 2021, our client appeared at the Montgomery Alabama USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On March 26, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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Case: I-130/I-485
Applicant/Beneficiary – German
Location: Chicago, IL

Our client entered the United States in May 2019 from Germany under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days. Our client and her U.S. citizen boyfriend married at the end of May 2019. 

In June 2019, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on June 4, 2019.  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 Chicago, IL, 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 June 28, 2019.  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 them via conference calls. On November 14, 2019, our client was interviewed at the Chicago Illinois USCIS Field Office. Despite the visa waiver issue, the USCIS officer approved her green card application on November 15, 2019.  Now, our client becomes a green card holder.

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: German

LOCATION: Columbia, SC

Our client came to the United States from Germany in April 2019 as a visa waiver entrant. He married his U.S. Citizen same-sex spouse in June 2019.

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 Washington, D.C. where the same-sex marriage is recognized. Our client contacted our office and retained us right after they got married 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 June 24, 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 October 16, 2019, our client was interviewed at the Charleston South Carolina USCIS office. The interview went well and his green card application was approved on October 22, 2019.

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CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland, OH

BENEFICIARY: German

PETITION FILED: August 9, 2018

PETITION APPROVED: January 18, 2019

K-1 VISA APPROVED: June 26, 2019

Our client, a US Citizen Petitioner, met his fiancée in September 2016.  They started their relationship, and spent time together in Germany. They decided to get married and our client decided to file a fiancé petition for his fiancée.  He retained our firm to file a fiancé petition for her on June 19, 2018. 

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on August 9, 2018.

On January 18, 2019, the I-129F fiancé petition was approved. On June 26, 2019, our client’s fiancée appeared at the U.S. Consulate General in Frankfurt, Germany for her K-1 visa interview. The interview went well, and after the interview, the U.S. Consulate General issued her K-1 visa. 

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: German

LOCATION: Cleveland, OH

Our client contacted us in June 2017 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Germany and obtained her green card in July 1982.

After retention, her N-400 application was filed on October 10, 2017 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On December 19, 2017, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on December 27, 2017. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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Case: I-130/I-485
Applicant/Beneficiary – German
Location: Memphis, TN

Our client entered the United States in November 2010 from Germany 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 April 2011, our client and his U.S. citizen girlfriend married in the United States. His wife contacted our office, and they retained our office on July 8, 2011.  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 Memphis, Tennessee, 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 November 8, 2012.  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 our clients. On February 19, 2013, our client was interviewed at the Memphis, Tennessee USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved his green card application on the same day.  Now, our client is a green card holder.

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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: German
LOCATION: Ohio
ISSUES: Out of Country Travels
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Our client contacted us in September 2010 to inquire about applying for naturalization.  She came to the United States from Germany in the eighties, married her U.S. citizen spouse, and obtained her green card through this. Their marriage was bona fide at inception but it ended in 2009. But the divorce had no adverse effect on her naturalization because she has maintained the marital relationship more than 20 years. The main reason why she never applied for naturalization was because she had a lot of trips abroad, mainly due to her ex-husband’s work which had her travelling with him to Saudi Arabia. She had over 20 trips abroad since she obtained permanent residency.

Under immigration law, an applicant for naturalization must demonstrate continuous residence and physical presence in the United States.  The applicant must have been physically present in the United States for at least one-half of the past five years. Also, the applicant must not be out of the United States for a continuous period of more than one year during the period for which continuous residence is required. Please note that for both continuous residence and physical presence, the requirements are cumulative and not continuous.  A permanent resident can leave and come back to the United States as much as she or he wants as long as the continuity of residence is not broken and the physical presence requirement is met prior to applying for citizenship.

For the past 5 years, our client had four trips abroad.  Nonetheless, she was in the United States more than 2.5 years was thus eligible to file for naturalization.  The application was filed on November 18, 2010 with supporting documents.  We also accompanied her on February 18, 2011 at the Cleveland CIS office.  Our client promptly and clearly answered all questions by the CIS officer and passed her citizenship interview.  However, the officer asked the applicant to submit a notarized affidavit regarding her past travel history, even though a copy of her passport and a listing of her trips were provided in the application. We went back to the office on the same day to comply with this request by the CIS and immediately sent back the notarized affidavit of her trips. On April 19, 2011 her N-400 was finally approved. Her oath taking is scheduled for May 6, 2011 in which she will be a U.S. Citizen.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

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