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: Marriage-Based Adjustment of Status
CLIENT: Bulgarian
LOCATION: Sandusky, OH 

Our client came to the United States in May 2016 on a J-1 Exchange Visitor visa from Bulgaria.  She was not subject to the two-year foreign residency requirement, so she could apply for adjustment of status in the United States without a waiver.  She married a U.S. Citizen in July 2018 and retained our office on October 16, 2018 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 7, 2018.  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 at our office. On May 9, 2019, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied them at the interview as well.  On May 9, 2019, her green card application was approved. 

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Brazilian                                                                                               

LOCATION: Tallmadge, OH

Our client is from Brazil who came to the U.S. on a B-2 visitor’s visa in June 2018. In September 2018, our client married her current U.S. citizen husband.  She retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 31, 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 April 23, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on May 7, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Fremont, OH

Our client came to the United States in May 2018 with a B-2 visitor’s visa from China. Later, she married a U.S. Citizen in September 2018 and retained our office for her petition and adjustment of status application. She also asked us to file for her minor son’s (Petitioner’s step-son) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 29, 2018. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On April 30, 2019, our clients were interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. On May 1, 2019, our client and her son’s green card applications were approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                   

LOCATION: Columbus, OH

Our client is from the Philippines who came to the U.S. on a H-1B visa to work in the United States in 2016. In August 2017, our client married her current U.S. citizen husband.  She retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 28, 2017. 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 April 15, 2019, our client was interviewed at the Columbus, OH USCIS office. Eventually, on April 23, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                   

LOCATION: Richfield, OH

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in May 2018. In September 2018, our client married her current U.S. citizen husband.  After she married, she retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 18, 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 April 22, 2019, our client was interviewed at Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on April 24, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Canadian                                                                                                   

LOCATION: Washington, DC

Our client is from Canada who came to the U.S. on a B-2 visitor’s visa in June 2018. In August 2018, our client married her current U.S. citizen husband.  She retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 28, 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 via conference calls. On March 28, 2019, our client was interviewed at Fairfax, Virginia USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well.

Though the interview went well, the USCIS officer wanted our client to submit the US citizen husband’s corrected divorce decree. Our office filed the Response to RFE to the USCIS on April 15, 2019. Eventually, on April 23, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Lebanese

LOCATION: Marlborough, MA

Our client is a Lebanese Citizen who came to the U.S. on a J-2 Visa in November 2012. She came with her husband who held a J-1 Visa. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and she eventually got divorced from her ex-husband. Later, she married her current U.S. citizen husband. She was still subject to the two-year foreign residency requirement, and she would like to adjust her status in the United States. Until she gets a waiver of the 2-year foreign residency requirement, she cannot adjust her status in the United States.

She contacted our office, and our firm was retained to do her J-2 waiver on August 13, 2018.

On August 16, 2018, the J-2 Waiver Application along with the Form DS-3035 was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.

On September 19, 2018, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver.

After we received the waiver, our client retained us again and sought legal assistance for her adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 27, 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 through conference calls. On April 18, 2019, our client was interviewed at the Boston Massachusetts USCIS office.  The interview went well, and 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: Mexican

LOCATION: Pennsylvania

Our client came to the United States from Mexico on a B-2 visitor’s visa in 2002. He has remained in the United States since then.  He married a U.S. Citizen in February 2018 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 March 20, 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 March 12, 2019, our client was interviewed at Philadelphia, Pennsylvania USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well.

The interview went well. However, the USCIS issued Request for Evidence (RFE) for our client to submit his updated medical record (I-693) and certified court disposition for his previous minor criminal record.  Our office filed the Response to RFE on April 4, 2019. Eventually, on April 12, 2019, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: San Antonio, TX

Our client came to the United States from Nigeria on a F-1 student’s visa in August 2015. He married a U.S. Citizen in July 2018 and retained our office on July 26, 2018 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 11, 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 as well. On April 11, 2019, our client was interviewed at the San Antonio, Texas USCIS office. Eventually, on the same day of his interview, his green card application was approved.

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