Case: I-130/I-485
Applicant/Beneficiary – French
Location: Philadelphia, PA

Our client entered the United States in November 2021 from France under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  She came to the U.S. to see her U.S. citizen fiancé. Her fiancé filed a K-1 visa petition for her and she was waiting for the K-1 visa interview in Paris, France. Nonetheless, she came to the U.S. to spend time together with her U.S. citizen fiancé.

While she was staying in the U.S., the omicron variant became widespread. Our client and her fiancé changed their plans and she married her U.S. fiancé in February 2022. 

They contacted our office and consulted with us regarding adjustment of status. After the consultation, they retained our office.  One issue in her green card application 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.

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 14, 2022.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices and the fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On June 9, 2022, our client was interviewed at the Philadelphia Pennsylvania USCIS Field Office.  The interview went well, and the USCIS approved her 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

CLIENT: Ghanaian

LOCATION: Allentown, PA

Our client came to the United States from Ghana with a F-1 student’s visa. He married his US citizen wife in July 2021. He retained our office on October 4, 2021 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 20, 2021. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our client via conference call. On April 12, 2022, our client was interviewed at the Philadelphia, PA USCIS office. On April 13, 2022, our client’s green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian                                                                            

LOCATION: Harrisburg, PA

Our client is from Nigeria who came to the U.S. with an F-1 visa in March 2015.  In August 2021, our client married his U.S. citizen wife. He retained our office on November 14, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 18, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment notices, and employment authorization document all came on time. Prior to the interview, we thoroughly prepared our clients at our office via conference calls. On February 25, 2022, our client was interviewed at the Philadelphia, PA USCIS office. On February 26, 2022, his green card application was approved.

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CASE: I-751

APPLICANT: Mexican

LOCATION: Newville, PA

Our client contacted our office in December of 2020 regarding his I-751 application.

He is from Mexico and he married a U.S. citizen in February 2018. Through his marriage, he obtained a 2-year conditional green card in April 2019.  His conditional residency terminated in April 2021.

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 on December 20, 2020 and we prepared the I-751 application. .

On January 15, 2021, our office filed the I-751 application to the USCIS. On February 15, 2022, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE) and our client received his 10-year green card which removed the conditions.

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CASE: I-485 based on Approved I-140 (EB-2)

 APPLICANT: Korean

 LOCATION: Erie, PA

Our client is an assistant professor from South Korea, who is currently teaching at a state university willing to do an I-140 Petition for her. Our client has a Ph.D. degree and has worked for this school since January 2021. She has maintained her status as an H-1B visa holder in the United States.  She had an approved I-140 petition which was filed by her current employer and this I-140 petition’s priority date was February 26, 2021.

In September 2021, she contacted our office and retained us for her I-485 adjustment of status application. Our office filed the I-485 adjustment of status application on October 25, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on January 29, 2022, her green card application was approved without any RFE or interview.

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CASE: Marriage-Based Adjustment of Status (F-2A category)

CLIENT: Filipino

LOCATION: Philadelphia, PA

Our client came to the United States from the Philippines on a B-2 visitor’s visa in November 2020. He married a lawful permanent resident in January 2020 in the Philippines and came to the United States to visit his wife in 2020. However, with the COVID-19 pandemic situation, he changed his mind about going back to the Philippines and decided to stay and apply for adjustment of status. He retained our office for his green card application on March 4, 2021.  

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 16, 2021.  We could file both I-130 and I-485 applications simultaneously since the priority date for F-2A category was current at the time of the filing. 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 as well. On November 10, 2021, our client was interviewed at the Pennsylvania, PA 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: Nigerian

LOCATION: Hummelstown, PA

Our client came to the United States from Nigeria and studied in the U.S. on his F-1 status. He married a U.S. Citizen in November 2020 and retained our office on November 2, 2020 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 24, 2020.  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 September 24, 2021, our client was interviewed at the Philadelphia, PA USCIS office. On September 27, 2021, his green card application was approved.

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CASE: I-751

APPLICANT: Chinese

LOCATION: Wexford, PA

Our client contacted our office in February 2020 regarding her I-751 application.

She is from China and she married a U.S. citizen in May 2017. Through her marriage, she obtained a 2-year conditional green card in April 2018.  Her conditional residency terminated in April 2020.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on February 13, 2020, and our office prepared an I-751 application for our client.

On February 20, 2020, our office filed the I-751 application to the USCIS with all necessary supporting documents.

On December 31, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE: EB-2 I-140

EMPLOYER: Nutrition Management Company

BENEFICIARY: Taiwanese Consulting Dietician

LOCATION: Kittanning, PA

Our client has a current employer that was willing to petition her for a second-preference petition (I-140).  Our client has a master’s degree in nutrition, a valid state dietician license, and has worked for her current employer since November 2018. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification for her I-140 petition.  

Prior to filing PERM, 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. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on October 8, 2019.  On February 22, 2020, we filed PERM.  On June 18, 2020, the PERM Labor Certification was approved – an EB2 position for the Taiwanese beneficiary. 

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, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on August 28, 2020 via regular processing. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On October 1, 2020, our office filed a premium processing upgrade request to the USCIS upon our client’s request. Eventually, on October 14, 2020, the I-140 EB2 Petition for our Taiwanese client was approved without any Request for Evidence (RFE). 

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CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Middletown, PA

Our client came to the United States from Nigeria on a F-1 student visa. He married a U.S. Citizen in August 2019 and retained our office on September 12, 2019, for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 20, 2020.  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 September 17, 2020, our client was interviewed at the Philadelphia, Pennsylvania USCIS office. His green card application was approved on the same day.

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