CASE: I-824 (Follow-to-join) based on approved I-140 and Consular Processing (Immigrant Visa)

CLIENT: Korean LPR Petitioner; Korean Beneficiary in South Korea

LOCATION: Petitioner: Connecticut; Beneficiary: Seoul, South Korea

Our client is a Lawful Permanent Resident who got his green card under the NIW category with our office’s legal assistance in 2014.  He has a wife, and our client and his wife married before his adjustment of status application was adjudicated. However, his wife was in South Korea when he got his green card due to her employment. She could have been a derivative applicant at the time of our client’s green card filing, but she was not in the United States at that time. Nevertheless, we explained to our client that we can do an I-824 filing and consular processing for his wife when she wants to permanently move to the United States.

In May 2014, he contacted our office to do an I-824 follow-to-join application to the USCIS so that his wife can file an immigrant visa and come as a derivative beneficiary of the I-140 petition. He retained our office on May 13, 2014 to help bring his wife to the States.

After we were retained, our office filed an I-824 follow-to-join application to the USCIS on May 19, 2014. After the I-824 was filed, everything went smoothly and the receipt notices came on time. The I-824 application was approved by the USCIS on June 19, 2014 and this case was transferred to the National Visa Center.

After the I-824 approval, we filed the immigrant visa packets to the National Visa Center on October 1, 2014, who in turn forwarded the client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the U.S. Embassy in Seoul. On February 27, 2015, our client’s wife appeared at the U.S. Embassy in Seoul, South Korea. The interview went well, and eventually, on the same day, the U.S. Embassy in Seoul, South Korea approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s wife can come to the United States. She will get her green card within two weeks.

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CASE: Marriage Based Adjustment of Status / 245(i)

CLIENT: Mexican

LOCATION: Ohio

Our Mexican client came to the U.S. without inspection and admission by crossing U.S./Mexico border in October 1999. She has stayed here ever since. She got married to a US Citizen and in 2001 and her husband filed an I-130 for her in March 2001. She gave birth to a U.S. Citizen child thereafter. However, her first husband left her while pregnant, and the I-130 was denied. Yet she remained in the United States. Thereafter, she married her second U.S. husband in July 2008.

Our client contacted us around June of 2014 for consultation and sought legal assistance for her adjustment of status. After consultation, we determined that she is eligible for adjustment of status under INA 245(i), if we can only show physical presence in December 2000. Our client retained us on June 11, 2014.

Prior to retaining our firm, her U.S. citizen ex-husband filed an I-130 petition for her back in March 2001. Therefore, she was a beneficiary of an immigrant petition filed after January 15, 1998 and before April 30, 2001. Though the I-130 was denied, we explained that the I-130 petition was “approvable when it was filed” because they had a child together.

Section 245(i) of the INA allows certain foreign nationals to become permanent residents of the United States despite entering without inspection (EWI) or overstaying (if beneficiary of petitions filed not by an immediate relative). Immigrants are barred from adjusting their status if they entered the United States without first being inspected and admitted by a Customs and Border Patrol officer and if they have either failed to maintain lawful status or been unlawfully employed in the country, with certain exceptions. Section 245(i) was first added to law in 1994 to allow certain people who otherwise would not be eligible to adjust their status to be able to do so upon payment of a $1,000 fine.

Four years later, on January 14, 1998, Congress phased Section 245(i) out of law. Immigrants and their families who had already begun the process of changing their status under Section 245(i) by January 14, 1998 were grandfathered into the section’s benefits. However, this left thousands of otherwise qualified persons who had not begun the process unable to adjust status in the United States. They could not return to their countries to begin the legal process of obtaining their permanent residency in the United States also without being subject to either a three- or a 10-year bar upon returning to the United States.

On December 21, 2000, Congress extended the qualifying date for Section 245(i) benefits to April 30, 2001. This law allowed immigrants who had labor certifications or visa petitions filed on their behalf between 1998 and April 30, 2001, to qualify for adjustment of status. They have to prove physical presence in December 2000.

The USCIS has a list of “possible” documents to prove physical presence. However, our client did not have any of these. “Employment records” typically mean pay stubs, or W2s, or any official government document pertaining to work. She had none of those because she just got paid in cash. She cleaned houses when she first came. Thus, we argued that a letter from her ex-employer should suffice as “employment record”. We also wrote that the fact that she got married early in 2001 means that she met her husband in the US at or prior to December 2000. It was a gray area argument but our client was willing to go forth with it.

On November 19, 2014, our office filed their I-485 adjustment of status applications under the 245(i) category.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. There was no RFEs even.  We thoroughly prepared our client prior to her interview as well.

On February 23, 2015, our client was interviewed at the Cincinnati, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. The interview went well, and her adjustment of status application was approved on February 26, 2015. After a long wait, our client is finally a green card holder.

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Case: I-130/I-485

Applicant/Beneficiary – French

Location: New York, NY

Our client entered the United States in August 2014 from France under the visa waiver program. He came here to visit his U.S. citizen wife for a couple months. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days. Later, our client and his wife changed their mind and decided to file I-130/I-485 application for our client in the United States.

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.

Another possible issue was immigrant intent. In this case though the beneficiary changed his mind here in the US.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on September 3, 2014.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before his authorized period of stay expired. 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 through conference calls. On February 18, 2015, our client was interviewed at the New York City, NY USCIS Field Office.  Despite the visa waiver issue, on February 20, 2015, 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: Filipino

LOCATION: Albuquerque, NM

Our Filipino client came to the United States on an H-4 visa as a dependent of an H-1B visa holder in 2009. He came to the United States with his mother.

He married a U.S. Citizen in August 2014 and retained our office on October 27, 2014 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 5, 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 as well. On February 3, 2015, our client was interviewed at the Albuquerque, New Mexico USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on February 4, 2015, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client came to the United States in May 2014 with a B-2 visitors visa from China. She married a U.S. Citizen in June 2014 and retained our office for her petition and adjustment of status application.

She also asked us to file her 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 October 1, 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 in our office. On January 16, 2015, our clients were interviewed at the Cleveland USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. On January 30, 2015, our client and her son’s green card applications were approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Pakistani

LOCATION: Cleveland, OH

Our Pakistani client came to the United States on a B-2 visitor visa in June 2014. She married her U.S. citizen husband in April 2014 in Pakistan, before she came on a visitors visa.

Our client and his husband first planned to file her immigrant visa through consular processing, but after she came to the United States, they changed their mind.

Our client consulted with us and retained our office in November 11, 2014 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on November 21, 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 at our office, in particular focusing on the lack of immigrant intent.  On January 29, 2015, our client was interviewed at the Cleveland USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On the same day, her green card application was approved.

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

APPLICANT: Indian

LOCATION: Cleveland, OH

Our client contacted our office in early April of 2014 regarding his pending I-751 filing. He came to the United States from India and he married a U.S. Citizen (her ex-wife) in November 2010.

Through his marriage, he was able to obtain a 2-year conditional green card in May of 2011. Thus, his conditional residency terminated in May 2013.

Before his 2 year green card expired, our client filed an I-751 application with his ex-wife in 2013. However, while the I-751 application was pending, their marriage started to fall apart. Our client experienced a lot of difficulties in his marital life with his ex-wife. Unfortunately, their marriage ended in September 2014.  Thus, our client’s jointly filed application was denied by the USCIS.

He retained our office in September 2014 to file an I-751 with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment. 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 September 30, 2014, our office filed the I-751 application with various supporting documents (over 16 exhibits and an affidavit over 3 pages) to demonstrate our client’s bona fide marriage with his ex-wife.

In December 2014, 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 January 8, 2015, 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. Now, he has his ten-year green card.

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CASE: I-751

APPLICANT: Filipino

LOCATION: Houston, Texas

Our client contacted our office in July of 2014 regarding his I-751 application.

He is from the Philippines and he married a U.S. citizen in April 2012. Through his marriage, he obtained a 2-year conditional green card in August of 2012.  His conditional residency terminated in August 2014.

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 8, 2014 and our office prepared an I-751 application for our client with bona fide marriage evidence.

On July 23, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint tax records, utility bills, joint mortgage, joint insurance and photos of our client and his wife to demonstrate the bona fideness of their marriage.

There was no RFE issuance or interview request for our client’s I-751 application. As a result, on January 26, 2015, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Atlanta, GA

Our Ghanaian client came to the United States on a B-2 visitor’s visa in June 2003. She overstayed her status. Later, she married a U.S. Citizen in May 2013. She contacted our office and our client retained our office on September 8, 2014 for the filing of the petition for her and her adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 2, 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 through conference calls. On January 22, 2015, our client was interviewed at the Atlanta, GA USCIS office.  The interview went well, and our clients answered the questions well and demonstrated the bona fide nature of their marital life. Eventually, on the same day, her green card application was approved.

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CASE: I-824 (Follow-to-join) based on approved I-140 and Consular Processing (Immigrant Visa)

CLIENT: Korean LPR Petitioner; Korean Beneficiary in South Korea

LOCATION: Petitioner: Seattle, WA; Beneficiary: Seoul, South Korea

Our client is a Lawful Permanent Resident who got his green card through his current employer’s petition. His current employer filed an I-140 petition for him in August 2008 and later this I-140 petition was approved. He filed his adjustment of status application and became a green card holder in July 2013. He has a wife and two U.S. citizen children. Our client and his wife married in August 2011 before his adjustment of status application was adjudicated. However, his wife was in South Korea when he got his green card due to personal circumstances. She could have been a derivative applicant at the time of our client’s green card filing.

Our client was also given wrong advice before. After he got his green card, his previous counsel suggested for him to file an I-130 petition for his wife in South Korea (F2A category). He filed the I-130 petition and just waited for the priority date become current so that his wife can file the immigrant visa.

In May 2014, he contacted our office and explained his situation to our office. Our office immediately told him that he can file an I-824 follow-to-join application to the USCIS so that his wife can file an immigrant visa and come as a derivative beneficiary of the I-140 petition rather than as a beneficiary of the I-130 petition which will take more time. After consultation, he retained our office on May 28, 2014 to help bring his wife to the States.

After we were retained, our office filed an I-824 follow-to-join application to the USCIS on June 2, 2014. After the I-824 was filed, everything went smoothly and the receipt notices came on time. The I-824 application was approved by the USCIS on June 30, 2014 and this case was transferred to the National Visa Center.

After the I-824 approval, we filed the immigrant visa packets to the National Visa Center on August 28, 2014, who in turn forwarded the client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the U.S. Embassy in Seoul. On January 6, 2015, our client’s wife appeared at the U.S. Embassy in Seoul, South Korea. The interview went well, and eventually, on January 8, 2015, the U.S. Embassy in Seoul, South Korea approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s wife successfully came to the United States ten days after the visa issuance.  She will get her green card within two weeks.

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