CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Argentinian
LOCATION: Columbus, OH

Our client contacted our office in late September of 2013 regarding his potential I-751 filing. He is from Argentina and was married to a U.S. citizen in March 2011.

Through this marriage, he obtained a 2-year conditional green card in October of 2011. Therefore, his conditional residency terminated in October 2013.

Unfortunately, during their marriage, our client and his ex-wife went through some struggles. They lived separately for a while and their divorce was finalized in October 2013. Our client could thus not file the I-751 application jointly with his ex-wife.

After consultation, we advised him that we can help him file the I-751 application 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 before they can file a joint petition.

On October 28, 2013, our office filed the I-751 application with various supporting documents (over 10 exhibits and an affidavit over 2 pages) to demonstrate our client’s bona fide marriage with his ex-wife.  Eventually, on April 16, 2014, the USCIS approved our request for removal of conditions on his permanent resident status without even an interview. Now, he has her ten-year green card.

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CASE: I-751

APPLICANT: Indian

LOCATION: Toledo, Ohio

Our client contacted our office in October of 2013 regarding his I-751 application.

He is from India and married a U.S. citizen in October 2010. Through his marriage, he obtained a 2-year conditional green card in February of 2012.  His conditional residency was terminated in February 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 October 28, 2013 and our office prepared an I-751 application for our client with bona fide marriage evidence.

He had a criminal record and inquired about how this will affect his case. After doing research, we determined it will not.

On November 14, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, insurance policies, 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 April 3, 2014, 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: Belgian
LOCATION: Cleveland, OH

Our client came to the United States in October 2013 from Belgium under the visa waiver program. He came here to visit his U.S. Citizen girlfriend (now his wife). As a visa waiver entrant, he was only authorized to remain in the United States for only 90 days.

Within two weeks of his entry to the United States, our client and his U.S. citizen girlfriend got married. They were planning to move to the Netherlands, so he did not have any immigrant intent when he initially came to the United States. However, things changed, and they decided to settle in the United States, so he and his wife filed an I-130 petition and I-485 adjustment of status application in January 2014.

Nevertheless, our client was worried about the potential immigrant intent issue so they contacted our firm in early April of 2014 for preparation and accompaniment at his green card interview. He retained our office on April 8, 2014. Prior to the interview, we thoroughly prepared our client at our office. On April 17, 2014, our client was interviewed at the Cleveland USCIS.  We accompanied our client at his interview as well.  On the same day, his green card application was approved.

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CASE: I-130 (Response to Notice of Intent to Revoke)

CLIENT: US Citizen Petitioner; Honduran Beneficiary

LOCATION: Petitioner: Cleveland, Ohio; Beneficiary: Honduras

Our client contacted our office in late January of this year. He is a U.S. Citizen living in Cleveland, Ohio and sought legal assistance for his wife’s case in Honduras. When he contacted our office, his wife already had an immigrant visa interview twice at the U.S. Embassy in Honduras.  However, her interview did not go well, and the Embassy returned the petition to the USCIS for further review and action on January 15, 2014.  Eventually, the USCIS, based on a request from the U.S. Embassy in Tegucigalpa, Honduras, issued a Notice of intent to revoke his I-130 petition on January 24, 2014.

Our client married his Honduran citizen wife back in June 2012. Our client then filed an I-130 petition for his wife in September 2012.  On December 20, 2012, the USCIS approved the I-130 petition and his wife was eventually interviewed at the U.S. Embassy in Tegucigalpa, Honduras. However, the U.S. Embassy denied her immigrant visa application, and the approved I-130 petition was subsequently returned to the National Visa Center by the Department of State for further review and action, and as stated above, the USCIS then issued a Notice of Intent to Revoke.

After our office was retained, we filed a Response to Intent to Revoke on February 7, 2014 with the USCIS Cleveland Field Office. Over 75 pages of documents and 7 exhibits were submitted in our response.

In our response brief, we rebutted each and every question that was raised by the USCIS regarding the bona fide nature of our client’s marriage to his wife in Honduras. As a result, on April 9, 2014, the USCIS determined that they will not revoke our client’s I-130 petition.

Now that the CIS has reaffirmed the I-130 petition, our client’s wife will get her immigrant visa, and will be reunited with his husband after almost two years.

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Case: I-130/I-485

Applicant/Beneficiary – French

Location: Cleveland, OH

Our client entered the United States in November 2013 from France under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now husband). As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.

Less than a month after her entry, in late November 2013, our client and her U.S. citizen boyfriend got married in the United States.

Afterwards, she contacted our office, and they retained us.

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.  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 potential issue was immigrant intent. When someone comes on a non-immigrant status or visa waiver, there shouldn’t be any intent on that entry to apply for adjustment of status. In their case though, despite the marriage, at that point they weren’t set on actually living in the United States. Thus, there was no immigrant intent upon entry.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on December 26, 2013.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized period of stay 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 April 10, 2014, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  We accompanied them at the interview as well.  Despite the visa waiver and potential immigrant intent issue, on the same day, the USCIS approved her green card application.  Now, our client is a green card holder.

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

APPLICANT: Russian

LOCATION: Cleveland, Ohio

Our client contacted our office in early February of 2013 regarding her potential I-751 filing. She came to the United States as an F-1 student from Russia and she married a U.S. citizen (her ex-husband) in December 2010.

Through her marriage, she was able to obtain a 2-year conditional green card in July of 2011. Thus, her conditional residency terminated in July 2013.

Unfortunately, their marriage ended in February 2012. Our client experienced a lot of difficulties during her marriage with her ex-husband. Thus, our client could not file the I-751 application jointly with her ex-husband.

Our client’s case was tough because they got separated a few months after she got the green card. However, she had compelling reasons for getting separated and eventually divorced. 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 she can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.

On March 19, 2013, our office filed the I-751 application with various supporting documents (over 18 exhibits and an affidavit over 5 pages) to demonstrate our client’s bona fide marriage with her ex-husband.  We also attached numerous notarized affidavits from our client’s friends.

However, on July 29, 2013, the USCIS issued a Request for Evidence (RFEs) to demonstrate the bona fideness of our client’s marriage with her ex-husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on September 30, 2013.

In October 2013, 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 them of potential issues at the interview.

On November 14, 2013, our client was interviewed for her I-751 application at the USCIS Cleveland, OH Field Office.  Attorney Glen Sung Hee Yu from our office accompanied our client.  The interview was very extensive.  Nevertheless, the USCIS approved our client’s I-751 application on April 10, 2014. Now, she has her ten-year green card.

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CASE: Marriage-Based Adjustment of Status.

NATIONALITY:Filipina

LOCATION: New York, NY

Our client is from the Philippines who came to the U.S. on a J-1 Visa in July 2005.  Upon completion of her J-1 program, she remained in the United States and changed her status to H-1B.  She was subject to the two-year foreign residency requirement.

In April 2013, she got married to her U.S. citizen husband.

She was eligible to get a green card through her marriage to U.S. citizen; however, before we can file her I-130/I-485 application simultaneously, she had to get a waiver of her two-year foreign residency requirement. In order to get a waiver of her two-year foreign residency requirement, she retained our office.

Our office worked on our client’s J-1 waiver.  Eventually, the Philippine Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On November 26, 2013, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS receipted the fee and issued an I-612 approval notice for our client’s waiver.

After we received the I-612 waiver, our firm prepared and filed an I-130 petition and I-485 adjustment of status application on January 16, 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 the conference calls.  On April 9, 2014, our client was interviewed at the New York USCIS office.  On the same day, her green card application was approved.

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

Our client is a U.S. citizen who married his wife in Busan, South Korea in July 2011.  Later, they had a son who was born in South Korea in March 2012. At the time of marriage and the birth of his son, our client was a green card holder. He became a naturalized the U.S. citizen in August 2012. After the marriage, he came back to the United States to pursue his studies and contacted our office and retained us to bring his wife and son to the States.

Our office prepared and filed two I-130 petitions for his wife and son to the USCIS on January 29, 2013. After the I-130 was filed, everything went smoothly, there were no requests for evidence, and the receipt notices came on time. The I-130 Petitions were approved on March 22, 2013.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on October 18, 2013, who in turn forwarded our client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the US Embassy in Seoul, and we prepared them for the interview. On March 7, 2014, the interview was conducted.  Eventually, on March 26, 2014, the U.S. Embassy in Seoul, South Korea approved and issued their immigrant visas.

With the approved Immigrant visas, our client’s wife and son can come to the United States immediately, and they will get their green cards within two weeks of entry.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Cleveland, Ohio

Our client contacted our office in early October 2013 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in October 2011. Through her marriage, she obtained a 2-year conditional green card in January 2012.  Her conditional residency terminated in January 2014.

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 October 13, 2013 and our office prepared an I-751 application for our client with other supplemental exhibits.

On October 30, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

After 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 15, 2014, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: Marriage-Based Adjustment of Status.

NATIONALITY:Indian

LOCATION: Austin, TX

Our client is from India who came to the U.S. on a J-1 Visa in December 2006.  He came to the U.S. for business training, but his J-1 program made him subject to the two-year foreign residency requirement.

In October 2013, our client married his U.S. citizen wife.

He is eligible to get a green card through marriage to U.S. citizen; however, before we can file his I-130/I-485 application simultaneously, he had to get a waiver of his two-year foreign residency requirement. Therefore, prior to his marriage, in order to get a waiver of his two-year foreign residency requirement, he consulted with our office and decided to retain our office.

Our office worked on our client’s J-1 waiver..  Eventually, the Indian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 6, 2013, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice.

Our firm then prepared and filed an I-130 petition and I-485 adjustment of status application on October 25, 2013.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Prior to the interview, we thoroughly prepared our client through conference calls. On March 25, 2014, our client was interviewed at the San Antonio, Texas USCIS office.  On the same day, his green card application was approved.

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