CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client came to the United States in November 2014 with a J-1 exchange visitor’s visa from the China. Later, she married a U.S. Citizen in February 2016 and retained our office for her petition and adjustment of status application.

She also asked us to file her daughter’s (Petitioner’s step-daughter) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on April 13, 2016. 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 in our office. On August 2, 2016, 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. After the interview, our client and her daughter’s green card applications were approved.

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CASE: I-140 (Derivative Beneficiary) and Adjustment of Status

CLIENT: Filipino

LOCATION: Houston, TX

Our client retained us for his green card application. Our client was born and raised in the Philippines, and has maintained his non-immigrant status lawfully in the United States. His wife became the beneficiary of an approved EB-3 I-140 petition from her employer. Thus, our client could file his I-485 adjustment of status application once the priority dates become current.  Our office was retained on April 6, 2015.

Once retained, our firm prepared and filed the Adjustment of Status Application on April 24, 2015.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time.  However, the priority date retrogressed in 2015 for our client’s case and his adjustment of status application remained pending.

On June 6, 2016, the USCIS issued a Request for Evidence for our client and asked him to submit any evidence to prove his lawful status in the United States from his last. Our office gathered the evidence from our client, prepared the response, and filed the Response to RFE on June 28, 2016. Eventually, on July 8, 2016, our client’s adjustment of status application was approved. Now, he is a green card holder.

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CASE: I-751

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted our office in June of 2015 regarding Response to RFE for his I-751 application.

He is from China and married a green card holder in August 2013. Through his marriage, he obtained a 2-year conditional green card in January of 2014.  His conditional residency was terminated in January 2016.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. They single-handedly filed the I-751 application to USCIS in January 2016.

However, on June 6, 2016, the USCIS issued the Request for Evidence for our client’s I-751 application. The USCIS requested our client to provide more bona fide marital evidence. To get legal assistance, our client retained our office on June 14, 2016.  

Once retained, our office prepared the RFE response. On June 22, 2016, our office filed a Response to RFE to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint tax records, utility bills, joint lease, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

As a result, on July 8, 2016, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted our office in early July of 2015 regarding his pending I-751 filing. He came to the United States from China and he married a U.S. Citizen (her ex-wife) in December 2012.

Through his marriage, he was able to obtain a 2-year conditional green card in July of 2014. Thus, his conditional residency terminated in July 2016. However, our client experienced a lot of difficulties in his marital life with his ex-wife. Unfortunately, their marriage ended in August 2015.  Thus, our client could not file the I-751 application jointly with his ex-wife.

Once our office was retained, we 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 October 6, 2016, our office filed the I-751 application with various supporting documents (over 18 exhibits and lengthy affidavit) to demonstrate our client’s bona fide marriage with his ex-wife.

In June 2016, 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 June 30, 2016, our client was interviewed for her 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. Now, he has his ten-year green card.

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CASE: I-130 / I-485

NATIONALITY: Philippines

LOCATION: South Carolina

Our client came from the Philippines on a J-1 in July 2008 to work as a teacher. She was subject to the two-year foreign residency requirement. After her authorized period of stay expired, she remained in the United States.

In April 2011, 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 the No Objection Statement (NOS) route from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On September 21, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the South Carolina 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 Philippine Consulate in D.C. for further authentication.  On November 20, 2012, 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 June 29, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on August 12, 2015, the USCIS issued an I-612 approval notice for the waiver.

Once she gets the waiver, she retained our office again for her and her daughter’s adjustment of status application. Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on November 3, 2015. 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 28, 2016, our clients were interviewed at the Charleston, South Carolina USCIS office. After the interview, however, the USCIS issued the Request for Evidence (RFE) and requested our client to submit more evidence to demonstrate bona fide nature of her marriage to her US citizen husband. We promptly filed the Response to RFE and on June 27, 2016, the USCIS approved our client and her daughter’s green card applications.

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Case: I-130/I-485

Applicant/Beneficiary – Australian

Location: Cincinnati, OH

Our client entered the United States in September 2004 from Australia under the visa waiver program. He came here to visit his U.S. citizen girlfriend (now his wife) for a couple months. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days. However, he decided to remain in the United States.  

Later, in March 2006, our client and his U.S. citizen girlfriend married in the United States. They have happily maintained their marital life. In 2015, our client and his wife contacted our office, and they retained us on June 29, 2015.

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.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 22, 2016.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients. On June 16, 2016, our client was interviewed at the Cincinnati, Ohio USCIS Field Office.  Despite the visa waiver issue, on the same day of the interview, the USCIS approved his green card application.  Now, our client is a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ukrainian

LOCATION: Cleveland, OH

Our client came to the United States from Ukraine on a B-2 visitor’s visa in September 2015. She married a U.S. Citizen in November 2015 and retained our office on December 16, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 21, 2015.  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 June 7, 2016, 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, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Boston, MA

Our client came to the United States from the Philippines on a B-2 visitor’s visa in June 2014. After her authorized stay period expired, she remained in the United States. She married a U.S. Citizen in May 2015 and 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 16, 2015.  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 May 5, 2016, our client was interviewed at the Boston, Massachusetts USCIS office. The interview went well, but the USCIS requested our clients to submit more bona fide marital evidence. In response to the RFE, our client submitted more bona fide marital evidence to the USCIS Boston Field Office.  Eventually, on May 31, 2016, her green card application was approved.

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CASE: I-751

APPLICANT: Russian

LOCATION: Cleveland, OH

Our client contacted our office in July of 2015 regarding her I-751 application.

She is from Russia and married a U.S. citizen in July 2013. Through her marriage, she obtained a 2-year conditional green card in November of 2013. Our office helped her in the green card process.  Her conditional residency terminated in November 2015.

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 on August 10, 2015 and our office prepared an I-751 application for our client with supplemental exhibits.

On September 3, 2015, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint insurance documents, 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. However, the USCIS issued a Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with her husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on April 29, 2016.

Eventually, on May 24, 2016, the USCIS approved our client’s I-751 application.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Buffalo, NY

Our client came to the United States from the Philippines on a B-2 visitor’s visa in December 2010. After her authorized stay period expired, she remained in the United States. She married a U.S. Citizen in August 2014 and 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 23, 2014.  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 21, 2015, our client was interviewed at the Buffalo, New York USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients.

The interview went well; however, the USCIS kept this case for a long time without issuance of any RFE or NOID until February of 2016. On February 6, 2016, the USCIS issued a Request for Evidence (RFE) and asked our client to submit updated evidence of their bona fide marriage. On February 11, 2016, our office filed a Response to RFE with lots of bona fide marital evidence that they provided. Eventually, on May 23, 2016, her green card application was approved.

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