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: I-130/I-485

NATIONALITY: Kenyan                                                                                                        

LOCATION: Centennial, Colorado

Our client is from Kenya who came to the U.S. on a J-1 Visa in February 2016 to work at a non-profit organization in the U.S.  His program sponsor was willing to sponsor him if he can change his non-immigrant status. However, he will not be able to change his status unless he gets a waiver for the 2-year foreign residency requirement.  When he came to the United States in 2016, his program was clearly subject to the 2-year foreign residency program. 

Thereafter, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Kenyan Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Kenyan Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver, the clearance letter from J-1 program sponsor, Clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining J-1 waiver.  

On March 16, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Kenyan Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to change his status if he gets the waiver. 

Eventually, the Kenyan Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On April 14, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On April 24, 2017, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. 

Our client married U.S. citizen in January 2019 and retained our office r again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 1, 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 through conference calls. 

On November 14, 2019, our client was interviewed at the Centennial, CO USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients.  The interview went well, and eventually, on the same day of the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: Sherman Oaks, CA

Our client came to the United States from India with a F-1 student’s visa. She married a U.S. Citizen in November 2018 and retained our office on December 28, 2018 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 17, 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 November 13, 2019, our client was interviewed at the Chatsworth, California USCIS office. Eventually, on the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Korean

LOCATION: Cleveland Heights, OH

Our client came to the United States from South Korea with a F-1 student visa. He married a U.S. Citizen in May 2019 and retained our office on June 10, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 17, 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 November 4, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. 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: Moroccan

LOCATION: Strongsville, OH

Our client came to the United States from Morocco with a B-2 visitor’s visa in October 2016. After her authorized stay period was over, she remained in the United States.  She married a U.S. Citizen in March 2019 and retained our office on March 19, 2019 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 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 as well. On November 1, 2019, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Taiwanese

LOCATION: New York, NY

Our client came to the United States from Taiwan with an H-1B work visa in 2018. She married a U.S. Citizen in November 2018 and retained our office on January 8, 2019 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 29, 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 November 5, 2019, our client was interviewed at the New York, NY USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Huntington Beach, CA

Our client came to the United States from the Philippines with a B-2 visitor’s visa in July 2018. She married a U.S. Citizen in October 2018 and retained our office on November 13, 2018 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 26, 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 via conference calls. On November 6, 2019, our client was interviewed at the Santa Ana, California USCIS office. Eventually, on November 7, 2019, her green card application was approved.

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

CLIENT: Indian

LOCATION: New York, NY

Our client came to the United States in November 2018 as a K-1 visa entrant from India.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her 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. She married in November of 2018. 

Our client contacted our office again and consulted with us for her adjustment of status application. In fact, our office helped her K-1 visa processing. She retained our office again in December 2019. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on December 5, 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 calls. On November 1, 2019, our clients were interviewed at the New York, New York USCIS office. Eventually, on the same day of the interview, her green card application was approved.

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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: Marriage-Based Adjustment of Status

CLIENT: Iranian

LOCATION: Lakewood, OH

Our client came to the United States from Iran with a F-1 student visa in February 2013. He married a U.S. Citizen in August 2018 and retained our office on April 18, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 22, 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 October 17, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients as well. Eventually, on the same day of his interview, his green card application was approved.

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