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

CLIENT: Indian

LOCATION: Dallas, TX

Our client came to the United States from India on an F-1 student visa. He married his U.S. Citizen same-sex spouse in May 2017.

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 Delaware where the same-sex marriage is recognized. Our client contacted our office and retained us on June 12, 2017 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 July 21, 2017. 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 31, 2019, our client was interviewed at the Irving, Texas 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

NATIONALITY: Pakistani                                                                                                   

LOCATION: Houston, TX

Our client is from Pakistan who has worked in the United States under J-1 status. In July 2012, our client is married her current U.S. citizen husband. She could not file her adjustment of status application due to her 2 year foreign residency requirement. With our office’s legal assistance, she obtained her J-1 hardship waiver in June 2017.

Once her J-1 waiver was issued, she retained our office on July 10, 2017 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on July 19, 2017. 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 call. On January 8, 2019, our client was interviewed at Houston Texas USCIS office.  Eventually, on January 24, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Lithuanian                                                                                                   

LOCATION: Atlanta, GA

Our client is from Lithuania who came to the United States on an H-2B visa in March 2017. In November 2017, our client married his current U.S. citizen wife. He retained our office on December 7, 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 14, 2017. 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 call. On January 29, 2019, our client was interviewed at Atlanta Georgia USCIS office.  Eventually, on January 30, 2019, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                   

LOCATION: Columbus, OH

Our client is from China who has worked in the United States under an H-1B status. In September 2018, our client married her current U.S. citizen husband.  She retained our office on October 5, 2018 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 19, 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 call. On January 23, 2019, our client was interviewed at the Columbus Ohio USCIS office.  Eventually, on January 24, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino                                                                                                   

LOCATION: Cleveland, OH

Our Filipino client came to the US on a B-2 visitor’s visa.  In February 2018, our client married his current U.S. citizen wife.  He retained our office in September 2018 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 3, 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 December 21, 2018, 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 January 10, 2019, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Tobagonian                                                                                                   

LOCATION: Baltimore, MD

Our client is from Trinidad and Tobago. He has worked in the United States under an H-1B status. In November 2017, our client married his current U.S. citizen wife.  He retained our office in January 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 3, 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 call. On November 29, 2018, our client was interviewed at the Baltimore Maryland USCIS office.  Eventually, on January 9, 2019, his green card application was approved.

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CASE: I-485 Adjustment of Status based on approved I-360 Petition

NATIONALITY: Kenyan

LOCATION: Columbus, OH

Our Kenyan client came to the U.S. in June 2003 on a F-1 student visa. In April 2016, she contacted our office to seek legal representation for her I-360 VAWA self-petition. Our client’s marital life was tough and she was abused by her U.S. Citizen spouse.  With her story and other evidence, our office determined that she would be eligible for I-360 self-petition as a spouse of an abusive U.S. citizen.

Our client experienced domestic violence and spousal abuse during her marriage. Her husband physically and mentally abused our client throughout the years. Thus, we prepared and filed her I-360 petition, which included 19 exhibits and a detailed brief to the USCIS on August 12, 2016.

Despite our client’s thoroughly prepared I-360 application, in June 2017, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more documents to prove her marriage was entered in good faith and the abuse that she was experienced was “extreme cruelty”. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on September 19, 2017.

Eventually, on January 5, 2018, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360 petition, our firm prepared and filed the Adjustment of Status Application on April 5, 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 all. On December 21, 2018, our client was interviewed at the Columbus, OH USCIS.  Eventually, on the same day of the interview, USCIS approved our client’s adjustment of status application and issued a green card.

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