CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Filipina

LOCATION: Cleveland, OH

Our client came to the United States in July 2016 on a K-1 visa from the Philippines.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you marry your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.

Our client contacted our office initially in the middle of August 2016 and consulted with us for her adjustment of status application. After retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on September 6, 2016.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client. On January 17, 2017, her green card application was finally approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Ohio

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in October 2009. Since then, she has remained in the United States.  In February 2016, our client married her current U.S. citizen husband.  She retained our office in August 2016 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 19, 2016.  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 as well. On January 13, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on January 25, 2017, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: South African

LOCATION: New York

Our client came to the United States in August 2015 on a B-2 visitor’s visa from South Africa. 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 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 August 4, 2016. 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 18, 2017, our clients were interviewed at the Latham, New York USCIS office. The interview went well, and our client and her son’s green card applications were approved on the same day of the interview.

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Case: I-130/I-485

Client: British

Location: Miami, FL

Our client entered the United States in November 2013 from the United Kingdom 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 only for 90 days.  

Later, in February 2014, our client and his U.S. citizen girlfriend married in the United States. They contacted our office, and retained us after they got married.  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 Miami, FL, 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 February 28, 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 stay period was 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 via conference calls. On August 17, 2014, our client was interviewed at the Miami, FL USCIS Field Office.

After the interview, his adjustment of status application was pending for a while. Later in 2015, the USCIS Miami Field Office scheduled an additional interview for our client. On April 10, 2015, Attorney Sung Hee (Glen) Yu accompanied our client and his wife at the Miami, FL USCIS office his second interview. The interview took more than three hours and the officer thoroughly asked our client and his wife about the bona fide nature of the marriage and some martial issues that the officer had suspicions on.

On January 20, 2016, the USCIS issued a Notice of Intent to Deny (NOID).  The NOID claimed that there was substantial and probative evidence that the marital union between the Petitioner and Beneficiary is not bona fide.  Moreover, the NOID points out that the submitted documentation of Petitioner and Beneficiary does not establish a bona fide nature of their marriage.

In response to the USCIS’s NOID, our office helped our clients draft an extensive affidavit. Multiple supporting documents and an affidavit from our client were all included as well as letters from their friends and neighbors, joint utility bills, joint insurance, and several pictures of our client and his wife in several occasions with different people.  Several legal authorities were cited based on particular issues discussed, and on February 5, 2016, we filed the Response to NOID prior to the 30-day deadline.

Nonetheless, the USCIS Miami Field Office scheduled additional interview for our client to appear. On January 12, 2017, Attorney Sung Hee (Glen) Yu accompanied our client and his wife again at the Miami, FL USCIS office his third interview.  Despite the visa waiver issue and the NOID, the USCIS officer finally approved his green card application on the same day.  Now, our client becomes a green card holder.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: DR Congo                                                                                                        

LOCATION: Washington DC

Our client is from the Democratic Republic of Congo who came to the U.S. on an F-1 Student Visa in July 2013.  In January 2016, our client married her current U.S. citizen husband.  She retained our office in February 2016 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 15, 2016.  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 as well. On January 12, 2017, our client was interviewed at Fairfax Virginia USCIS office. Eventually, after the interview, her green card application was approved.

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

NATIONALITY: Kenyan

LOCATION: Atlanta, GA

Our client is from Kenya who came to the U.S. on a J-1 Visa in May 2002.  After she finished her J-1 program, has remained in the United States. With our office’s assistance, she got her J-1 waiver in February 2015.

In February 2016, she contacted our office to seek legal representation for her I-360 petition. According to her story, our client’s marital life was deteriorating and she was a spouse of an abusive U.S. Citizen.  With her story and other evidence, our office determined that she would be eligible for a VAWA 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 filed and prepared her I-360 petition, which included several exhibits and a detailed brief to the USCIS Vermont Service Center on March 17, 2016.  

Despite our client’s thoroughly prepared I-360 application, in April 2016, 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 good moral character. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on May 24, 2016.

Finally, on October 18, 2016, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360 petition, our firm prepared and filed her Adjustment of Status Application.  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 13, 2017, our client was interviewed at the Atlanta, Georgia USCIS.  Eventually, on the same day of the interview, the USCIS approved our client’s adjustment of status application and issued a green card.

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CASE: I-130/I-485 / J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Alaska

Our client came from the Philippines on a J-1 in August 2012 to work as a speech teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States.

In May 2015, 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 May 20, 2015, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Alaska 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 July 29, 2015, 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 October 8, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on December 3, 2015, 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 December 9, 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 through conference calls. On January 10, 2017, our client was interviewed at the Anchorage, Alaska USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Nigeria who came to the U.S. on an F-1 student visa in August 2015.  In March 2016, our client married his U.S. citizen wife.  He retained our office in September 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 8, 2016.  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 as well. On January 6, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on January 13, 2017, 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 2011 on an F-1 student visa from China to study in the United States. He married a U.S. Citizen in April 2013 and retained our office on December 15, 2015 for his petition and adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application on December 23, 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 at our office. On March 31, 2016, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well.

However, on April 27, 2016, the USCIS issued Request for Evidence (RFE) for our client to submit his response for the reason why he did not continuously study at the school that he attended in the U.S. Our office assisted him to draft his affidavit and filed the Response to RFE on June 2, 2016.

Eventually, on November 22, 2016, his green card application was approved.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Malian
LOCATION: Cleveland, Ohio

Our client is from Mali who came to the U.S. on a F-1 Student Visa in August 2010 to study. Our client currently resides in the greater Cleveland area with his current U.S. Citizen wife. They were married in January 2015, and retained our office on January 6, 2016 for representation of our client at the Cleveland Immigration Court. Our client’s wife filed an I-130 Petition for our client with their former immigration lawyer in February 2015.  While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on January 26, 2016 for his initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did the pleading and sought for adjustment of status relief upon the approval of the I-130 petition.

Our client’s I-130 interview was scheduled on June 21, 2016 at Cleveland USCIS Filed Office.  Prior to the interview, our office thoroughly prepared our client and his wife for the interview at our office. Attorney Yu also accompanied them for their interview. The interview lasted two hours, but the I-130 petition was eventually approved on August 25, 2016.

Once the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on January 5, 2017.  Now, he can file his I-485 adjustment of status application to USCIS to obtain his green card.

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