CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Cleveland, OH

Our client came to the United States in May 2011 on an F-1 Student visa from Nigeria. She married a U.S. Citizen in October 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 January 29, 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 August 18, 2016, our clients were interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. On August 23, 2016, our client and her son’s green card applications were approved.

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CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland Ohio

BENEFICIARY: Italian

PETITION FILED: February 16, 2016

PETITION APPROVED: April 18, 2016

K-1 VISA APPROVED: July 1, 2016

Our client, a US Citizen Petitioner, met her Italian fiancé in the airplane in 2013. They started their relationship, and she visited Italy.  They have lived together in Italy and have two kids together. However, they did not get married yet. In 2016, they decided to get married and our client decided to file a fiancé petition for her fiancé.  She retained our firm to file a fiancé petition for him on February 4, 2016.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on February 16, 2016.

On April 18, 2016, little after two months of filing, the I-129F fiancée petition was approved. On July 1, 2016, our client’s fiancé appeared at the U.S. Consulate in Naples, Italy for his K-1 visa interview. The interview went well, and on July 1, 2016, the U.S. Embassy issued his K-1 visa. After the issuance of K-1 visa, our client’s fiancé came to the United States. They married on August 11, 2016 in Cleveland, Ohio and our client’s husband filed I-485 adjustment of status application to get his green card.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Montana

Our client came from the Philippines on a J-1 visa in November 2013 to work as a 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 October 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 prepared and filed 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 November 2, 2015, 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 of the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippine Government) were sent to the Philippine Consulate General in Chicago for further authentication.  On January 5, 2016, 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 March 9, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 24, 2016, 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 I-485Adjustment of Status Application on May 11, 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 August 18, 2016, our client was interviewed at the Helena, Montana 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

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India on a B-2 visitor’s visa in December 2015. He married a U.S. Citizen in June 2015 in India and came to the United States with his wife to visit his in-laws. Later, they changed their plan and decided to stay in the United States. They contacted and retained our office for his green card application. They were concerned about possible immigrant intent issues due to the entry on a B-2 visa despite getting married in India prior to this entry. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 9, 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.  On August 15, 2016, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, after the interview, 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 November 2014 with a J-1 exchange visitor’s visa from the China. 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 daughter’s (Petitioner’s step-daughter) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on April 13, 2016. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients in our office. On August 2, 2016, our clients were interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. After the interview, our client and her daughter’s green card applications were approved.

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CASE: I-140 (Derivative Beneficiary) and Adjustment of Status

CLIENT: Filipino

LOCATION: Houston, TX

Our client retained us for his green card application. Our client was born and raised in the Philippines, and has maintained his non-immigrant status lawfully in the United States. His wife became the beneficiary of an approved EB-3 I-140 petition from her employer. Thus, our client could file his I-485 adjustment of status application once the priority dates become current.  Our office was retained on April 6, 2015.

Once retained, our firm prepared and filed the Adjustment of Status Application on April 24, 2015.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time.  However, the priority date retrogressed in 2015 for our client’s case and his adjustment of status application remained pending.

On June 6, 2016, the USCIS issued a Request for Evidence for our client and asked him to submit any evidence to prove his lawful status in the United States from his last. Our office gathered the evidence from our client, prepared the response, and filed the Response to RFE on June 28, 2016. Eventually, on July 8, 2016, our client’s adjustment of status application was approved. Now, he is a green card holder.

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CASE: I-130 / I-485

NATIONALITY: Philippines

LOCATION: South Carolina

Our client came from the Philippines on a J-1 in July 2008 to work as a teacher. She was subject to the two-year foreign residency requirement. After her authorized period of stay expired, she remained in the United States.

In April 2011, 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 the No Objection Statement (NOS) route from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On September 21, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the South Carolina 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 Philippine Consulate in D.C. for further authentication.  On November 20, 2012, 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 June 29, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on August 12, 2015, the USCIS issued an I-612 approval notice for the waiver.

Once she gets the waiver, she retained our office again for her and her daughter’s adjustment of status application. Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on November 3, 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 via conference calls. On March 28, 2016, our clients were interviewed at the Charleston, South Carolina USCIS office. After the interview, however, the USCIS issued the Request for Evidence (RFE) and requested our client to submit more evidence to demonstrate bona fide nature of her marriage to her US citizen husband. We promptly filed the Response to RFE and on June 27, 2016, the USCIS approved our client and her daughter’s green card applications.

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Case: I-130/I-485

Applicant/Beneficiary – Australian

Location: Cincinnati, OH

Our client entered the United States in September 2004 from Australia under the visa waiver program. He came here to visit his U.S. citizen girlfriend (now his wife) for a couple months. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days. However, he decided to remain in the United States.  

Later, in March 2006, our client and his U.S. citizen girlfriend married in the United States. They have happily maintained their marital life. In 2015, our client and his wife contacted our office, and they retained us on June 29, 2015.

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.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 22, 2016.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. 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. On June 16, 2016, our client was interviewed at the Cincinnati, Ohio USCIS Field Office.  Despite the visa waiver issue, on the same day of the interview, 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: Ukrainian

LOCATION: Cleveland, OH

Our client came to the United States from Ukraine on a B-2 visitor’s visa in September 2015. She married a U.S. Citizen in November 2015 and retained our office on December 16, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 21, 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 as well. On June 7, 2016, 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 the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Boston, MA

Our client came to the United States from the Philippines on a B-2 visitor’s visa in June 2014. After her authorized stay period expired, she remained in the United States. She married a U.S. Citizen in May 2015 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 October 16, 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 via conference calls. On May 5, 2016, our client was interviewed at the Boston, Massachusetts USCIS office. The interview went well, but the USCIS requested our clients to submit more bona fide marital evidence. In response to the RFE, our client submitted more bona fide marital evidence to the USCIS Boston Field Office.  Eventually, on May 31, 2016, her green card application was approved.

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