CASE: Marriage-Based Green Card

CLIENT: Chinese

LOCATION: Cleveland, Ohio

Our client came to the United States in August 2009 with an F-1 Student Visa from China to pursue her Master’s degree in the United States. Later, she met her current U.S. Citizen husband and married him in April 2013.

Our client contacted our office and retained us on August 20, 2013 for her 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 September 5, 2013. 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 November 21, 2013, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento accompanied them as well.  On November 21, 2013, her green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: Miami, FL

Our client entered the United States in August 2012 from the United Kingdom under the visa waiver program. He came here to visit Miami, FL. As a Visa Waiver Entrant, he was only authorized to remain in the United States for only 90 days.

Later, in December 2012, past the 90 day period, our client married his U.S. Citizen wife in the United States. Our client contacted our office, and he retained our office on January 8, 2013.

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 March 27, 2013.  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 our clients over conference call.

On October 28, 2013, our client was interviewed at the Miami, Florida USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved his green card application on November 8, 2013.

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CASE: Marriage-Based Green Card
CLIENT: Russian
LOCATION: Cleveland, Ohio

Our client came to the United States in June 2006 with a J-1 Exchange Visitor’s visa from Russia to do her training program in the United States. Her J-1 program did not subject to the INA Section 212(e) two-year foreign residency requirement. After she completed her J-1 program, she remained in the United States.

She married a U.S. Citizen in July 2013.  Our client retained our office on July 8, 2013 for her 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 August 14, 2013. 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 October 31, 2013, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee  (Glen) Yu accompanied them as well.  On November 7, 2013, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: El Salvadorian

LOCATION: Cleveland, OH

Our client came to the United States in October 2006 with a B-2 visitors visa from El Salvador. After she got divorced, she married a U.S. Citizen in March 2012 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 15, 2013. 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 November 5, 2013, our clients were interviewed at the Cleveland, OH USCIS office. Our attorney accompanied them at their interview as well. On the same day, our client and her son’s green card applications were approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Jamaican
LOCATION: Cleveland, OH

Our client came to the United States in September 2012 with a B-2 visitor’s visa from Jamaica.  She married a U.S. Citizen in April 2013 and retained our office on May 1, 2013 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 22, 2013.  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 10, 2013, our client was interviewed at the Cleveland, OH USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. On October 28, 2013, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Iranian
LOCATION: Cleveland, OH

Our client came to the United States in 2012 with an H-1B work visa from Iran.  He married a U.S. Citizen in July 2013 and retained our office on July 24, 2013 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 2, 2013.  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 29, 2013, our client was interviewed at the Cleveland, OH USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. The interview went well, and on the same day, his green card application was approved.

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CASE: I-130 and Consular Processing (Immigrant Visa)

CLIENT: Chinese LPR Petitioner in Ohio; Chinese Beneficiary Wife in China

LOCATION: Petitioner: Ohio; Beneficiaries: China

Our client retained us to bring his wife from China to the United States. He is a permanent resident and was married in 2010. He filed the I-130 petition by himself and it was approved. However, he had difficulty with the Immigrant Visa process so he retained our office on March 13, 2013.

On May 20, 2013, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s wife at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On September 24, 2013, the U.S. Consulate in Guangzhou, China 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 weeks of entry.

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

CLIENT: Kenyan

LOCATION: Cleveland, Ohio (EOIR) / Columbus, Ohio (USCIS)

Our client is a Kenyan citizen who came to the U.S. on an F-1 Student Visa in December 2007 to study at a college in Ohio. In January 2010, she married her U.S. citizen husband, and her husband filed an I-130 petition for her. However, the I-130 petition was denied and our client was placed in removal proceedings due to her failure to maintain F-1 status. After her I-130 was denied, her husband filed a second I-130 petition for her in March 2012.

After she was placed in removal proceedings, she contacted our office and sought legal assistance. She retained our office on June 7, 2012.

Our office prepared and submitted a copy of the I-130 Petition with more bona fide marriage evidence of her marriage to the Cleveland Immigration Court. We wanted to show the Court that despite this second filing, that an approval was feasible, and so we wanted to demonstrate even prior to the Master Hearing that the marriage was bona fide. This was important so that we can get a continuance. The filing also included a bona fide marriage exception letter which was omitted when our client filed the I-130 petition previously.

So while the second I-130 petition was pending, our client appeared at the Cleveland Immigration Court on August 7, 2013 for her initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented her at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition. He asked for a continuance and on the basis of the bona fide evidence submitted to the court, argued that this was, despite it being a second I-130, good cause. The continuance was granted.

Our client’s I-130 interview was scheduled on October 9, 2012 at the Columbus USCIS Field Office.  Prior to the interview, our office thoroughly prepared our client and her husband for the interview. Attorney Yu also accompanied them at their interview. The interview lasted more than two hours, our clients were separated, but the I-130 petition was eventually approved on November 14, 2012.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its 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 9, 2013.

Once her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on June 28, 2013, together with other necessary forms and supporting documents. 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 September 3, 2013, our client was interviewed at the Columbus, OH USCIS office. The interview went, and on October 11, 2013, our client’s green card application was finally approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Belgian

LOCATION: Virginia

Our client came to the United States from Belgium to study on an F-1 student visa in January 2012. Later on, she fell in love and married a U.S. Citizen in August 2012. They retained our office on February 6, 2013 for her adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 23, 2013.  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 September 16, 2013, our client was interviewed at the Fairfax Virginia USCIS office.  On September 26, 2013, her green card application was approved.

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CASE: Marriage Based I-130 petition and I-485 Adjustment of Status
CLIENT: Filipina
LOCATION: Houston, TX

Our client came to the United States in September 2010 with a B-2 visitor’s visa from the Philippines.

She later changed her status from B-2 to F-1 when she enrolled in school.

She then married a U.S. Citizen in March 2013 and retained our office on May 2, 2013 for her adjustment of status application.

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on May 21, 2013.  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 September 9, 2013, our client was interviewed at the Houston, Texas USCIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. On the same day, her green card application was approved.

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