CASE: Marriage-Based Immigrant Petition and Adjustment of Status

CLIENT: Indian

LOCATION: Columbus, OH

Our client came to the United States from India on an H-1B visa in May 2013. He married a U.S. Citizen in September 2015 and retained our office on September 30, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 6, 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 January 12, 2016, our client was interviewed at Columbus, Ohio USCIS office. Eventually, on the same day, his green card application was approved.

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Case: I-130/I-485

Applicant/Beneficiary – Korean

Location: Columbus, OH

Our client entered the United States in July 2015 from South Korea under the visa waiver program. He married his U.S. citizen wife in March 2015 in South Korea. He came to the United States as a visitor with his wife and first intended to help his wife who just began her graduate studies in the United States.  As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days. While he was staying in the United States, he was informed that he could file adjustment of status in the United States even though he entered as a visa waiver entrant.  He contacted our office, and they retained us on August 31, 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 October 7, 2015.  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 at our office. On January 8, 2016, our client was interviewed at the Columbus Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients for the interview. 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: Filipina

LOCATION: Cleveland, OH

Our client came to the United States from the Philippines on a J-1 exchange visa in March 2014. Her J-1 program was not subject to the 2 year foreign residency requirement.  She married a U.S. Citizen in June 2015 and retained our office on June 29, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 18, 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 November 9, 2015, 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 December 21, 2015, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipino

LOCATION: Baltimore, MD

Our client came to the United States from the Philippines on an F-1 student’s visa in July 2009. After he completed his program, he remained in the United States.  He married his current wife in May 2013; however, his wife was a green card of holder at the time of their marriage.

In July 2015, his wife became a naturalized U.S. citizen. They contacted our office and retained our office for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 14, 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 December 22, 2015, our client was interviewed at Baltimore, Maryland USCIS office. Eventually, on the same day of the interview, his green card application was approved.

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Case: I-130/I-485

Applicant/Beneficiary – Portuguese

Location: Cleveland, OH

Our client entered the United States in December 2014 from Portugal 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, our client did not leave the United States after his authorized period of stay expired.

Later, in June 2015, our client and his U.S. citizen girlfriend married in the United States. His U.S. citizen wife filed an I-130 petition for him first. However, they contacted our office for the filing of his adjustment of status application. They retained us on August 13, 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-485 Adjustment of Status Application on September 3, 2015.  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 in our office. On November 23, 2015, our client was interviewed at the Cleveland Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Despite the visa waiver issue, on December 16, 2015, 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: Ghanaian

LOCATION: Cleveland Ohio

Our client came to the United States in July 2011 with a J-1 visa from Ghana. Later, she married a U.S. Citizen in February 2015 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 September 25, 2015. 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 at our office. On December 3, 2015, 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 December 11, 2015, our client and her daughter’s green card applications were approved.

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CASE: Adjustment of Status (I-485) / Joint Motion to Reopen and Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Moldovan

LOCATION: Philadelphia, PA; Baltimore, MD (DHS)

Our client is from Moldova who came to the U.S. on a J-1 visa in June 2009. She remained in the United States past her authorized period of stay.  Later, she filed for asylum and withholding of removal in December 2009, but the Immigration Judge at the Baltimore Immigration Court denied all applications for relief.

She filed an appeal with the BIA, but in 2012, the Board affirmed the Immigration Judge’s findings and dismissed the appeal. She then proceeded to appeal her case at the Federal Circuit Court, but was denied.

Our client remained in the United States despite the final order of removal.

She married her current U.S. citizen husband in February 2014. After she married her husband, they consulted with our firm. They wanted to know if she had any viable options for her immigration status.

After careful review, our office determined that we can file a Request to the DHS to join in a Motion to Reopen based on the I-130 approval (if the I-130 petition is approved) and Bo Cooper’s May 17, 2001 Memorandum. After consultation, our client retained our office.

Once retained, our office prepared and filed the I-130 petition. The I-130 petition was filed on July 3, 2014. Her I-130 petition was scheduled for an interview, and they appeared at the USCIS Philadelphia USCIS Field Office on February 12, 2015. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. This was suggested (attorney accompaniment) because she had a final order of removal. The interview went well and the I-130 petition was subsequently approved by the USCIS on February 18. 2015.

Once the I-130 petition was approved, our office prepared and filed a Request to Join in a Motion to Reopen and Terminate to the Baltimore DHS office on March 19, 2015. Our office prepared an extensive brief along with multiple supporting documents to request a favorable exercise of DHS’s discretion on this case.

We argued that DHS should consider the following factors as set forth in Bo Cooper’s May 17, 2001 Memorandum: (1) whether adjustment of status was available at the prior hearing; (2) whether the alien is statutorily eligible for adjustment of status; and (3) whether the alien merits a favorable exercise of discretion. Bo Cooper, Motions to Reopen for Consideration of Adjustment of Status (May 17, 2001). In considering these factors, as delineated in William J. Howard’s October 24, 2005, Memorandum, “Where a motion to reopen for adjustment of status… is filed on behalf of an alien with substantial equities, no serious criminal or immigration violations, and who is legally eligible to be granted relief except that the motion is beyond the 90-day limitation contained in 8 C.F.R. § 1003.23, strongly consider exercising prosecutorial discretion and join in this motion to reopen to permit the alien to pursue such relief to the immigration court.” William J. Howard, Prosecutorial Discretion (October 24, 2005).

Our office argued that if our client’s case is reopened, she will be prima facie eligible to adjust her status. Our client has been living in the United States since 2009, has no criminal record, and has an approved I-130 petition based on the marriage to U.S citizen spouse.

Eventually, the DHS office agreed to join in our Motion to Reopen and Terminate on June 1, 2015. The DHS filed the joint motion to the Board of Immigration Appeals (BIA), and the BIA issued a decision on July 30, 2015 and reopened and terminated our client’s case.

After her case was terminated, she retained our office again for her I-485 adjustment of status application. Our firm prepared and filed the Adjustment of Status Application and the Employment Authorization Document on August 28, 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 client via conference call. On December 10, 2015, our client was interviewed at the Philadelphia, PA USCIS. The interview went well, and on the same day, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Zambian

LOCATION: Cleveland, Ohio

Our client came to the United States from Zambia on a B-2 Visitor’s visa in May 2010. After his authorization of stay period expired, he remained in the United States.  He married a U.S. Citizen in July 2015 and retained our office for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 14, 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 in our office. On October 27, 2015, 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 November 23, 2015, 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 from China on a F-1 student’s visa in August 2010. She married a U.S. Citizen in August 2015 and retained our office on August 5, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 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 as well. On November 23, 2015, 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 I-130 and I-485

CLIENT: Mexican

LOCATION: Cleveland, Ohio

Our client came to the United States from Mexico on a TN visa in June 2015. He has been working for his company in the United States as a TN visa holder for the last several years. He married a U.S. Citizen in July 2015 and retained our office in July 14, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on August 4, 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 October 27, 2015, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on November 6, 2015, his green card application was approved.

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