Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: San Diego, CA

Our South Korean client entered the United States in May 2021 under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) during the summer. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  

In August 2021, our client and her U.S. citizen boyfriend married in the United States. They contacted our office and retained us.  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.

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on August 10, 2021.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized stay period expired. Everything went smoothly and the receipt notices, 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 April 19, 2022, our client was interviewed at the San Diego, CA USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved her green card application on April 21, 2022.  Now, our client is a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: Culver City, CA

Our client came to the United States from India in August 2021. She married her US citizen husband in December 2021. She retained our office on January 7, 2022, for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 20, 2022. 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 April 12, 2022, our client was interviewed at the Los Angeles, CA USCIS office. On April 13, 2022, our client’s green card application was approved.

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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: Malaysian                                                                                     

LOCATION: Urbana, IL

Our client is from Malaysia who came to the U.S. on a F-1 visa. In November 2020, our client married her current U.S. citizen husband.  She retained our office on March 16, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 22, 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 call. On October 14, 2021, our client was interviewed at the Chicago, IL USCIS office. Eventually, on April 14, 2022, her green card application was approved.

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CASE: I-751

APPLICANT: Cameroonian

LOCATION: San Francisco, CA

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

He is from Cameroon and he married a U.S. citizen in October 2017. He obtained his 2-year conditional green card in September 2018. His conditional residency terminated in September 2020.

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 July 14, 2020. On July 31, 2020, our office filed the I-751 application to the USCIS. On February 23, 2022, the USCIS issued a Request for Evidence. On April 4, 2022, our office filed the Response to RFE to the USCIS. On April 14, 2022, the USCIS approved our client’s I-751 application. He received her 10-year green card.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ukrainian

LOCATION: North Royalton, OH

Our client came to the United States from Ukraine in June 2019 on her B-2 visa. Since then, she has remained in the United States. She married a U.S. Citizen in December 2021. She retained our office on December 20, 2021 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 27, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Prior to the interview, we prepared our clients via conference call. On April 5, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento, Esq. from our office also accompanied our clients. On April 7, 2022, our client’s green card application was approved.

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CASE: I-130 (Petitions for Parents) and Adjustment of Status

CLIENT: Indians

LOCATION: Westlake, OH

Our client retained us to petition for her parents for a green card. Our client was born and raised in India, but was naturalized in the United States. She contacted our office in January 2021 and discussed with us the green card process. She retained our office on January 12, 2021.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 22, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On April 1, 2022, the applications were approved. They are now green card holders.

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CASE: I-130 (Petition for Parent) and Adjustment of Status
CLIENT: Filipina
LOCATION: Laughlin, NV

Our client retained us to petition for his mother who came to the U.S. from the Philippines. Our client is a naturalized US citizen and his mother came to the United States in July 2021 with a B-2 visa from the Philippines. He contacted our office in August of 2020 and discussed with us regarding his I-130 petition and his mother’s adjustment of status application. After consultation, he retained our office on August 3, 2021. 

Our firm prepared and filed the I-130 Immigrant Visa Petition and the I-485 Adjustment of Status Application on September 9, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On March 31, 2022, our client’s adjustment of status application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                      

LOCATION: Katy, TX 

Our client is from the Philippines who came to the U.S. with a J-1 visa in January 2019. Her J-1 program was not subject to the two-year foreign residency requirement. In September 2020, our client is married her current U.S. citizen husband.  She retained our office on September 15, 2020 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on November 17, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we prepared our clients via conference call. On February 15, 2022, our client was interviewed at the Houston, TX USCIS office. On April 6, 2022, her green card application was approved.

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CASE:I-130/I-485

NATIONALITY: Philippines

LOCATION: Hillsboro, WI

Our client came to the U.S. as a J-1 teacher. She was subject to the two-year foreign residency requirement. Our client would like to file her adjustment of status application along with her U.S. Citizen husband’s I-130 petition; however, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue her waiver under the No Objection Statement or Interest Government Agency (IGA). Our client though would like to pursue her J-1 waiver based on the exceptional hardship standard. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After she retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On April 26, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support of our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen husband’s medical conditions.  On May 9, 2019, our office filed the I-612 application to the USCIS. 

The USCIS issued a Request for Evidence (RFE) on March 16, 2020. Our office prepared the Response to RFE and filed it to the USCIS on May 22, 2020. Eventually, the USCIS approved his I-612 waiver on December 8, 2020. 

Once her J-1 waiver was approved, our client retained our office again for her and her son’s adjustment of status applications. Our firm prepared and filed the I-130 Petitions and I-485 Adjustment of Status Applications on January 19, 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 through conference calls. On April 7, 2022, our clients were at the Minneapolis, MN USCIS office.  The interview went well, and eventually, on the same day of the interview, the green card applications were approved.

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