CASE: I-751

APPLICANT: Filipino

LOCATION: New Jersey

Our client contacted our office in December of 2017 regarding his I-751 application.

He is from the Philippines and he married a U.S. citizen in May 2015. Through his marriage, he obtained a 2-year conditional green card in April of 2016.  His conditional residency terminated in April 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 December 19, 2017, and our office prepared an I-751 application for our client with other supplemental exhibits.

On January 25, 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. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on March 19, 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: Marriage-Based Adjustment of Status

NATIONALITY: Italian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Italy who came to the U.S. on a B-2 visitor’s visa in April 2018. In August 2018, our client married his current U.S. citizen wife.  He retained our office on August 21, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 17, 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 March 22, 2019, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients at their interview as well.  The interview went well and eventually his green card application was approved after the interview.

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Singaporean

LOCATION: Wyoming

Our client came to the United States from Singapore as a visa waiver visitor in March 2018. He married his U.S. Citizen same-sex spouse in June 2018.

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 Wyoming where same-sex marriage is recognized. Our client contacted our office and retained us on June 12, 2018 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 September 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 via conference calls. On March 12, 2019, our client was interviewed at the Centennial, Colorado USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Fairfax, VA

Our client came to the United States from Ghana on a F-1 student visa to pursue her Master’s degree in the United States. She married a U.S. Citizen in April 2016 in Ohio and they have lived together in Ohio until August 2017.  In August 2017, our client started her new job in Washington DC so she had to move to DC area. However, her husband was still in school, so he had to stay in Ohio. Nevertheless, our client maintained her bona fide marital relationship with her husband.

She retained our office on May 4, 2018 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on June 12, 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 January 8, 2019, our client was interviewed at Fairfax, Virginia USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Our client’s interview was very intense and the USCIS officer separated our client and her husband during the interview. Nevertheless, the couple was able to answer a majority of the questions in the two-hour interview.

Nonetheless, the USCIS office issued Request for Evidence on January 9, 2019 regarding our client’s husband’s child-support documents and school records. Our office filed the Response for RFE on January 28, 2019.  Eventually, on March 4, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina

LOCATION: Denver, CO

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in April 2018. In June 2018, our client married her current U.S. citizen husband.  She retained our office for her green card application, and our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 23, 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 February 28, 2019, our client was interviewed at the Centennial Colorado USCIS office.  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 – Korean
Location: Cleveland, OH

Our client entered the United States in June 2018 from South Korea under the visa waiver program. He came here to visit his U.S. citizen girlfriend (now his wife) during the summer. As a Visa Waiver Entrant, he was only authorized to remain in the United States only for 90 days.  

Later, in July of 2018, our client and his U.S. citizen girlfriend married in the United States. He contacted our office and retained our office on August 1, 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 Cleveland, Ohio, 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 7, 2018.  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 was expired. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time.  Prior to the interview, we thoroughly prepared our clients. On March 5, 2019, our client was interviewed at the Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  Despite the visa waiver issue, the USCIS officer approved her green card application on March 6, 2019.  Now, our client becomes a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Burkinabe

LOCATION: Cleveland, OH

Our client came to the United States from Burkina Faso on a F-1 student visa in January 2018. He married a U.S. Citizen in July 2018 and retained our office on July 17, 2018 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 15, 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. On February 19, 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 February 26, 2019, his green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: New Jersey

Our client entered the United States in February 2018 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  In April 2018, our client and her U.S. citizen boyfriend married in the United States.

After they got married, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office. 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 New Jersey, 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 May 21, 2018.  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 was expired. 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 February 22, 2019, our client was interviewed at the Mount Laurel, New Jersey USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved her 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 Green Card (I-130 / I-485)

NATIONALITY: Philippines

LOCATION: Indianapolis, IN

Our client came from the Philippines on a J-1 visa in August 2016 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement.

In August 2017, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On February 14, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On April 2, 2018, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On July 23, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on August 7, 2018, the USCIS issued an I-612 approval notice for the waiver.

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 4, 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 January 31, 2019, our client was interviewed at the Indianapolis, Indiana USCIS office.  The interview went well, and eventually, on February 11, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Pakistani                                                                                                        

LOCATION: Cleveland, OH

Our client is from Pakistan who came to the U.S. on a B-2 visitor’s visa in February 2018. In May 2018, our client married his current U.S. citizen wife.  He retained our office on June 5, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 21, 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 November 20, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients at their interview as well.  Eventually, on January 23, 2019, his green card application was approved.

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