CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Hicksville, OH

Our client came to the United States from Nigeria on a B-2 visitor’s visa in January 2016. He married a U.S. Citizen in June 2019 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 June 20, 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 December 9, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. 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: Vietnamese

LOCATION: Newbury Park, CA

Our client came to the United States from Vietnam with a J-1 exchange visitor visa in 2006. She had government funding for her J-1 program, so she was subject to the 2 year foreign residency requirement. Though she married a U.S. Citizen in May 2016, she could not file her adjustment of status application without getting a waiver. With our office’s legal assistance, she was able to obtain a J-1 hardship waiver from the USCIS in January 2019. 

After the waiver approval and retained our office on January 28, 2019 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 13, 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 December 2, 2019, our client was interviewed at Chatsworth, CA USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: I-751

APPLICANT: Indian

LOCATION: Greenville, OH

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

He is from India and married a U.S. citizen in February 2016. Through his marriage with, he obtained a 2-year conditional green card in October of 2016.  His conditional residency terminated in October 2018.

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 again on March 8, 2018, and our office prepared an I-751 application for our client with other supplemental exhibits.

On July 24, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. Eventually, on November 22, 2019, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Ghanaian

LOCATION: Akron, OH

Our client contacted our office in early May of 2019 regarding his I-751 filing. He came to the United States from Ghana with an immigrant visa which was petitioned by his U.S. citizen ex-wife.  

Through his marriage, he was able to obtain a 2-year conditional green card in November of 2016. Thus, his conditional residency terminated in November 2018. Our client and his ex-wife were able to file joint I-751 application to the USCIS in August 2018. 

Unfortunately, during the pendency of this application, divorce proceedings were commenced between them. Our client experienced a lot of difficulties during his marriage with his ex-wife. Thus, our client could not proceed with the I-751 application jointly with his ex-wife.

Once retained, we filed an amendment request for his I-751 and requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition. We focused on the supporting documents that he can show and helped him draft an extensive affidavit about their marriage, and why it ended the way it did.

On June 7, 2019, our office filed the amendment request application with various supporting documents to demonstrate our client’s bona fide marriage with his ex-wife.   

In October 2019, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client at our office and informed him of potential issues at the interview.

On November 21, 2019, our client was interviewed for his I-751 application at the USCIS Cleveland, OH Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied our client. The interview was very extensive. Nevertheless, the USCIS approved our client’s I-751 application on the same day of his interview. Now, he has her ten-year green card.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition

Our client is a U.S. Citizen who married her husband in Egypt in October 2018.  After the marriage, she came back to the United States to work and wanted to file the I-130 petition for her husband in Egypt.  She retained our office in October 2018 and our office prepared and filed the I-130 petition on October 22, 2018. This I-130 Petition was approved by the USCIS in February 2019. Once the I-130 petition was approved, she retained us again to bring her husband to the States via consular processing.

Once retained, we filed the immigrant visa packets to the National Visa Center on April 26, 2019, who in turn forwarded our client’s materials to the U.S. Embassy in Cairo, Egypt. An interview notice was set for the client at the US Embassy in Cairo, and we prepared him for the interview. On November 26, 2019, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Cairo, Egypt approved and issued his immigrant visa.

With the approved immigrant visa, our client’s husband can come to the United States immediately, and he will get his green card within two months of entry.

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

CLIENT: Thai

LOCATION: Garfield Heights, OH

Our client came to the United States in March 2019 as a K-1 visa entrant from Thailand.  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 June of 2019. 

Our client contacted our office initially and consulted with us for her adjustment of status application. She retained our office on June 4, 2019. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on June 24, 2019.  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 14, 2019, our clients were interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento form our office also accompanied our clients. Eventually, on the same day of the interview, her green card application was approved.

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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: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Guyanese

LOCATION: Shorewood, Wisconsin

Our client contacted our office in August of 2018 regarding his potential I-751 filing. He came to the United States from Guyana and he married a U.S. Citizen (his ex-wife) in November 2015.

Through his marriage, he was able to obtain a 2-year conditional green card in November of 2016 with our office’s legal assistance. Thus, his conditional residency terminated in November 2018.

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 August 8, 2018, and our office prepared an I-751 application for our client with other supplemental exhibits.

On August 13, 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, , and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Unfortunately, while his I-751 case was pending, their marriage ended in March 2019. Our client experienced a lot of difficulties during his marriage with her ex-wife. Thus, our client could not continuously pursue his I-751 joint filing application. In July 2019, the USCIS issued Request for Evidence and requested our client to submit more bona fide marital documents. 

When we prepared a Response to RFE for our client, we requested to change our client’s I-751 from joint filing to a waiver of joint filing because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment. We sent this request based on the April 3, 2009  Donald Neufeld USCIS Memorandum entitled “I-751 Filed Prior to Termination of Marriage”, which allows for these applications to be converted to a waiver, if the divorce happened during the pendency of a jointly filed I-751 application. 

The memorandum, in part, states, on page 3:

“If the Conditional Permanent Resident provides evidence that the proceedings (divorce) have been finalized, the ISO amends the I-751 petition to indicate that the CPR is eligible for a waiver of the joint filing requirement based on termination of marriage and adjudicates the petition on the merits in accordance with established procedure. In so doing, the ISO determines whether there is sufficient evidence the CPR entered the marriage in good faith, or whether the case warrants relocation to a Field Office for an in-person interview.”

On September 21, 2019, our office filed Response to RFE along with a detailed affidavit from our client and various supporting documents to demonstrate our client’s bona fide marriage with his ex-wife.  

Eventually, the USCIS approved our client’s I-751 application on November 4, 2019. Now, he has his ten-year green card.

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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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