Case: I-485

Potential Issue: Response to RFE

Client: Chinese

Location: Millburn, NJ

Our client came from China and filed her I-485 adjustment of status application to the USCIS in February 2019. We were not her attorney of record when she filed the application. On November 8, 2019, the USCIS Newark Field Office issued a Request for Evidence (RFE) asking for proof that our client met the two-year foreign residency requirement or proof that she has an approved waiver of the two-year foreign residency requirement. Our client contacted our office for legal assistance on RFE response and retained our office on November 14, 2019. 

In response to the USCIS’s RFE, our office included an Advisory Opinion by the U.S. Department of State, a copy of our client’s J-1 visa page and DS-2019. Moreover, our office included a detailed brief explaining why our client’s J-1 program was not subject to the two-year foreign residency requirement. On November 18, 2019, we filed the Response to RFE.

Eventually, on May 5, 2020, the USCIS approved our client’s I-485 adjustment of status application. Our client is now a green card holder.

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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 India in October 2018.  After the marriage, he came back to the United States and retained our office for the I-130 and immigrant visa filing for his wife. He retained our office on February 4, 2019. Our office prepared and filed the I-130 petition for his wife on February 11, 2019. The I-130 petition was approved by the USCIS on May 6, 2019. 

Once the I-130 petition was approved, we filed the immigrant visa packets to the National Visa Center on June 27, 2019, who in turn forwarded our client’s materials to the U.S. Embassy in Mumbai, India. An interview notice was set for the client at the U.S. Embassy in Mumbai, and we prepared her for the interview. On December 4, 2019, the interview was conducted.  Eventually, on April 30, 2020, the U.S. Embassy in Mumbai, India approved and issued her immigrant visa.

With the approved Immigrant Visa, our client’s wife can come to the United States immediately, and she will get her green card within two months of entry.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: Valley View, OH

Our client entered the United States in February 2019 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.  He has a U.S. citizen wife whom he married in September 2016. After he entered the United States in February 2019, he remained in the U.S. 

In September 2019, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on September 16, 2019.  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 Valley View, 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 September 25, 2019.  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. Prior to the interview, we thoroughly prepared at our office. On January 6, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney JP Sarmiento accompanied our clients.

Though the interview went well, our client received the Request for Evidence for the re-submission of his immigration medical (I-693). He responded with the newly-done medical, and the USCIS approved his adjustment of status application on March 19, 2020.  Now, our client becomes a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Litchfield, OH

Our client came to the United States from the Philippines with a B-2 visitor’s visa in July 2019. She married a U.S. Citizen in October 2019 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 November 26, 2019. 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 March 17, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Mechanicsburg, OH

Our client came to the United States from China with a B-2 visitor’s visa in May 2015. After her authorized stay period expired, she remained in the United States.  She married a U.S. Citizen in November 2018 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 September 19, 2019.  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 March 9, 2020, our client was interviewed at the Cincinnati, Ohio USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Arlington, TX 

Our client came to the United States in May 2018 with a J-1 Exchange Visitor visa from the Philippines.  Her J-1 visa 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 June 2019 and retained our office on July 18, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 24, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients via conference calls. On March 13, 2020, our client was interviewed at the Dallas, Texas USCIS Field Office.  Eventually, on the same day of her interview, her green card application was approved. 

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipino
LOCATION: Elmhurst, NY 

Our client came to the United States in September 2013 with a J-1 Exchange Visitor visa from the Philippines.  His J-1 visa was not subject to the two-year foreign residency requirement, so he could apply for adjustment of status in the United States without a waiver.  He married a U.S. Citizen in July 2019 and retained our office on August 21, 2019 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 26, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients via conference calls. On March 6, 2020, our client was interviewed at the New York, NY USCIS Field Office.  Eventually, on the same day of his interview, his green card application was approved. 

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Austin, TX 

Our client came to the United States in July 2018 with a J-1 Exchange Visitor visa from the Philippines.  Her J-1 visa 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 2019 and retained our office on August 26, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 3, 2019.  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 our clients via conference calls. On March 5, 2020, our client was interviewed at the San Antonio, Texas USCIS Field Office.  Eventually, on the same day of her interview, her green card application was approved. 

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Lakewood, OH

Our client came to the United States from China and worked in the United States on her H-1B status. She married a U.S. Citizen in October 2019 and retained our office on November 8, 2019 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 21, 2019. 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 2, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. 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: Korean

LOCATION: Streetsboro, OH

Our client came to the United States from South Korea on a F-1 student’s visa. He married a U.S. Citizen in August 2017 and retained our office on September 4, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 2, 2019. 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 28, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on the same day of the interview, his green card application was approved.

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