Case: I-130/I-485
Applicant/Beneficiary – Italian
Location: Elyria, OH

Our client entered the United States in December 2021 from Italy under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  He married his U.S. citizen spouse in February 2022. 

In February 2022, they contacted our office and consulted with us regarding adjustment of status. After the consultation, they retained our office.  One main issue in his green card application 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.

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 16, 2022.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On June 8, 2022, 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 his adjustment of status application on June 10, 2022.  Now, our client is a green card holder.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Italian

LOCATION: Cleveland, OH 

Our client is from Italy who came to the U.S. on an H-1B visa to work as a physician. In March 2021, our client married his U.S. citizen wife.  He retained our office on May 7, 2021, for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 14, 2021.  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 November 15, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients. On the same day of his interview, his green card application was approved.

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Case: I-130/I-485
Issue: Visa Waiver Entry
Applicant/Beneficiary – Italian
Location: Weston, CT

Our client entered the United States in December 2019 from Italy 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 to U.S. Citizen in September 2011 in Italy. 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.

Our client contacted our office for consultation and retained our office on January 13, 2020 for her adjustment of status application. Our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 11, 2020. Our office requested the CIS to exercise favorable discretion in granting adjustment of status despite her visa waiver entry.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients. On February 16, 2021, our client was interviewed at the Hartford, Connecticut USCIS Field Office. Despite the visa waiver entry and subsequent adjustment of status issue, the USCIS officer approved her green card application on the same day.

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Case: I-130/I-485
Applicant/Beneficiary – Italian
Location: Strongsville, OH

Our client entered the United States in February 2020 from Italy under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  He married his U.S. citizen wife in March 2020. After he entered the United States in February 2020, he never left.  

In April 2020, they contacted our office and consulted with us regarding adjustment of status. They retained our office on April 7, 2020.  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 Strongsville, Ohio, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on April 17, 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 at our office. On September 21, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen)Yu, Esq. accompanied our clients. Eventually, the USCIS approved his 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: Italian

LOCATION: Twinsburg, OH

Our client contacted us in February 2020 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Italy and he obtained his green card in March 2017 through marriage to his US Citizen spouse. He retained our office on February 17, 2020. 

His N-400 application was filed on March 5, 2020 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On September 9, 2020, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. 

Eventually, on September 14, 2020, 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-751

APPLICANT: Italian

LOCATION: Twinsburg, OH

Our client contacted our office in December of 2018 regarding his I-751 application.

He is from Italy and he married a U.S. citizen. Through his marriage, he obtained a 2-year conditional green card in March of 2017. Thus, his conditional residency terminated in March 2019. 

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office, and our office prepared an I-751 application for our client with other supplemental exhibits.

On December 24, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, joint tax documents, birth certificate of their two daughters, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

In December 2019, the USCIS scheduled an interview for our client and his wife. On January 23, 2020, our client and her husband were requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared them thoroughly via conference calls and also accompanied them at the interview as well. The interview went well, and as a result, on January 24, 2020, the USCIS approved our client’s I-751 application.

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Case: I-130/I-485
Applicant/Beneficiary – Italian
Location: Youngstown, OH

Our client entered the United States in October 2016 from Italy under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States only for 90 days.  In October 2018, our client and her U.S. citizen boyfriend married in the United States.

In November 2018, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on November 20, 2018.  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 Youngstown, OH, 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 December 17, 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 them at our office. On June 3, 2019, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu also accompanied our clients. Despite the visa waiver issue, the USCIS officer approved her green card application on June 4, 2019.  Now, our client becomes a green card holder.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Italian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Italy who came to the U.S. on a B-2 visitor’s visa in April 2018. In August 2018, our client married his current U.S. citizen wife.  He retained our office on August 21, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 17, 2018. 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 March 22, 2019, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients at their interview as well.  The interview went well and eventually his green card application was approved after the interview.

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

CLIENT: Italian

LOCATION: Cleveland, OH

Our client came to the United States in July 2016 as a K-1 visa entrant from Italy.  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.

Our client contacted our office initially in August 2016 and consulted with us for his adjustment of status application. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on August 19, 2016.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client. On March 20, 2017, his green card application was finally approved.

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CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland Ohio

BENEFICIARY: Italian

PETITION FILED: February 16, 2016

PETITION APPROVED: April 18, 2016

K-1 VISA APPROVED: July 1, 2016

Our client, a US Citizen Petitioner, met her Italian fiancé in the airplane in 2013. They started their relationship, and she visited Italy.  They have lived together in Italy and have two kids together. However, they did not get married yet. In 2016, they decided to get married and our client decided to file a fiancé petition for her fiancé.  She retained our firm to file a fiancé petition for him on February 4, 2016.

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 February 16, 2016.

On April 18, 2016, little after two months of filing, the I-129F fiancée petition was approved. On July 1, 2016, our client’s fiancé appeared at the U.S. Consulate in Naples, Italy for his K-1 visa interview. The interview went well, and on July 1, 2016, the U.S. Embassy issued his K-1 visa. After the issuance of K-1 visa, our client’s fiancé came to the United States. They married on August 11, 2016 in Cleveland, Ohio and our client’s husband filed I-485 adjustment of status application to get his green card.

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