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: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Vietnamese

LOCATION: Lansing, MI

Our client contacted our office in December 2017 regarding her potential I-751 filing. She got her conditional green card in March 2016 through her marriage to her U.S. citizen spouse. Her conditional residency terminated in March 2018.

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

On January 28, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. Once the application was filed, the fingerprint notice was issued two weeks later.

Unfortunately, her husband suddenly passed away in December 2018. Thus, our client could not continuously pursue her I-751 joint petition with her late husband.  Nevertheless, our office filed I-751 conversion request to the USCIS based on April 3, 2009 Donald Neufeld Memo “I-751 Filed Prior to Termination of Marriage”. We filed the conversion request on December 26, 2018.

Eventually, the USCIS approved our client’s I-751 application on May 9, 2019 without any RFE or interview. Now, she has her ten-year green card.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Batavia, NY

Our client contacted our office in January of 2018 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in August 2014. Through her marriage she obtained a 2-year conditional green card in May of 2016.  Her conditional residency terminated in May 2018.

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 again on February 1, 2018, and our office prepared an I-751 application for our client with other supplemental exhibits.

On February 21, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on May 3, 2019, 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: 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: I-130 (Petition for Father) and Adjustment of Status

CLIENT: Canadian

LOCATION: Clarksburg, MD

Our client retained us for her adjustment of status application. Our client was born in China and became a naturalized Canadian citizen. She came to the United States as a B-2 visitor in May 2005. Thereafter, she has remained in the United States.  She has a U.S. citizen son who just turned 21 in 2018 and her son was planning to file an I-130 petition for our client. She contacted our office in May of 2018 and discussed with us the green card process. After consultation, she retained our office on May 30, 2018.

Once retained, our firm prepared and filed the I-130 Petition and Adjustment of Status Application on July 11, 2018 for our client.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On May 2, 2019, our client appeared at her I-485 adjustment of status interview at Baltimore, Maryland USCIS Field Office. Prior to the interview, our office prepared her via conference calls. Eventually, on May 7, 2019, our client’s adjustment of status application was approved. Now, she is a green card holder.

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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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