CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Cleveland, OH
Our client came to the United States in November 2007 with a B-2 visitors visa from the Philippines. She overstayed her visa and remained in the United States.
She fell in love with a US Citizen and got married in September 2012. She then retained our office on October 1, 2012 for her adjustment of status application.
Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 19, 2012. 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 January 3, 2013, our client was interviewed at the Cleveland, OH USCIS. Attorney Sung Hee Yu from our office accompanied our clients as well. On the same day, her green card application was approved.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
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Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: Cleveland, OH
Our client entered the United States in June 2012 from South Korea under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) during the summer. As a Visa Waiver Entrant, she was only authorized to remain in the United States for only 90 days.
Later, in September, our client and her U.S. citizen boyfriend married in the United States. Her husband contacted our office, and they retained us on September 10, 2012. 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.
Our office filed the I-130 Petition and I-485 Adjustment of Status Application on September 18, 2012. Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized period of stay 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. On December 21, 2012, our client was interviewed at the Cleveland, Ohio USCIS Field Office. We accompanied them at the interview as well. Despite the visa waiver issue, on December 26, 2012, the USCIS approved her green card application. Now, our client is a green card holder.
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Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: Cleveland, OH
Our client entered the United States in June 2012 from South Korea under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) during the summer. As a Visa Waiver Entrant, she was only authorized to remain in the United States for only 90 days.
Later, in August, our client and her U.S. citizen boyfriend married in the United States. Her husband contacted our office, and they retained our office on August 22, 2012.
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 Cleveland, Ohio, 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 his application because of her visa waiver entry.
Our office filed the I-130 Petition and I-485 Adjustment of Status Application on August 27, 2012. Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized period of stay expired.
Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. There was no Request for Evidence.
Prior to the interview, we thoroughly prepared our clients. On December 10, 2012, our client was interviewed at the Cleveland, Ohio USCIS Field Office. We accompanied them at the interview as well. Despite the visa waiver issue, the USCIS officer approved her green card application on the same day. Now, our client is a green card holder.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
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CASE: Marriage-Based Green Card
CLIENT: Romanian
LOCATION: Cleveland, Ohio
Our client came to the United States in March 2012 with a B-2 visitor’s visa from Romania. She married a U.S. Citizen in July 2012. Our client retained our office on August 16, 2012 for her petition and adjustment of status application.
Our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 17, 2012 before her B-2 authorized stay expired. 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 6, 2012, our clients were interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee Yu accompanied them as well. On the same day, her green card application was approved.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
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CASE: I-130 (Response to Notice of Intent to Revoke)
CLIENT: US Citizen Petitioner; Cambodian Beneficiary
LOCATION: Petitioner: Cleveland, Ohio; Beneficiary: Cambodia
Our Chinese client contacted our office in the summer of 2011. He is a U.S. Citizen living in Cleveland, Ohio and sought legal assistance for his wife’s case in Cambodia. When he contacted our office, his wife already had an immigrant visa interview at the U.S. Embassy in Cambodia. However, her interview did not go well, and the Embassy returned the petition to the USCIS for further review and action on November 1, 2011. Eventually, the USCIS, based on a request from the U.S. Embassy in Phnom Penh, Cambodia, issued a Notice of intent to revoke his I-130 petition on September 7, 2012.
Our client married his Cambodian citizen wife back in May 2010. Our client met his wife through his sister in March 2010. Once he married, our client filed an I-130 petition for his wife in June 2010. On February 7, 2011, the Director of the California Service Center approved the I-130 petition and his wife was eventually interviewed at the U.S. Embassy in Phnom Penh, Cambodia. However, the U.S. Embassy denied her immigrant visa application, and the approved I-130 petition was subsequently returned to the California Service Center by the Department of State for further review and action, and as stated above, the USCIS then issued a Notice of Intent to Revoke.
After our office was retained, we filed a Response to Intent to Revoke on October 3, 2012 with the USCIS California Service Center. Over 200 pages of documents and 20 exhibits were submitted in our response.
In our response brief, we rebutted each and every question that was raised by the USCIS regarding the bona fide nature of our client’s marriage to his wife in Cambodia. As a result, on November 15, 2012, the USCIS determined that they will not revoke our client’s I-130 petition.
Now, after the reaffirmation of the I-130 petition, our client’s wife will get her immigrant visa, and will be reunited with his husband after almost two years.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
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CASE: Marriage-Based Green Card
CLIENT: Bahaman
LOCATION: Columbus, Ohio
Our client came to the United States in May 2008 with a B-2 visitor’s visa from the Bahamas. He married a U.S. Citizen in July 2008. Even after his authorized stay period expired in November 2008, our client has remained in the United States.
Our client retained our office on February 24, 2012 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 July 13, 2012. 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 through conference call. On November 16, 2012, our client was interviewed at the Columbus, Ohio USCIS office. On the same day, his green card application was approved.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
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CASE: Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Chinese
LOCATION: Cleveland, Ohio (EOIR) / Columbus, Ohio (USCIS)
Our client is a Chinese citizen who came to the U.S. on a B-2 Visitor’s Visa in June 2010. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings, which was initiated at the San Francisco Immigration Court in California.
Our client married his second husband in December 2011 in Columbus Ohio. She initially contacted our office for a Change of Venue to Cleveland. She retained our office on October 20, 2011. We then filed a Motion for Change of Venue from San Francisco to Cleveland on behalf of our client. The Immigration Judge granted the Motion and her case was transferred to the Cleveland Immigration Court.
Our office then prepared and filed an I-130 Petition with a lot of bona fide marriage evidence on December 9, 2011. The petition also included a bona fide marriage exception letter.
While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on April 11, 2012 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.
Our client’s I-130 interview was scheduled on June 19, 2012 at the Columbus USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his husband for the interview. Attorney JP Sarmiento also accompanied them at their interview. The interview lasted one hour, our clients were separated, but the I-130 petition was eventually approved on the same day.
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. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on August 15, 2012.
After her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on September 4, 2012, 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 over the phone.
On November 15, 2012, our client was interviewed at the Baltimore CIS office. Our client was fully prepared and the interview went well. On the same day, her green card application was approved.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
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CASE: I-485 Approval
CLIENT: Senegalese
LOCATION:Baltimore,MD
Our client is a Senegalese citizen who came to the U.S.on an F-1 Student Visa in August 2006 to study at a college in Maryland. As our previous success story explained, our client had a final order of removal in absentia, but his case was reopened after our office’s successful Motion to Reopen in January 2012.
Our client and his wife married in October 2010, and retained our office on March 3, 2011. Our office immediately filed an I-130 Petition with bona fide marriage evidence on March 23, 2011. While the I-130 petition was pending, our client appeared at the Baltimore Immigration Court on February 15, 2012 for his initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition.
Our client’s I-130 interview was scheduled on May 4, 2012 at Baltimore USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his wife rough conference call. Attorney Yu also accompanied them for their interview. The interview lasted more than one hour, but the I-130 petition was eventually approved on the same day.
After the I-130 was approved, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Baltimore Immigration Court. The DHS counsel in Baltimore did not oppose the Motion to Terminate. The Immigration Judge granted the Motion to Terminate on August 7, 2012.
Once his case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on August 28, 2012, 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 over conference all.
On October 31, 2012, our client was interviewed at the Baltimore CIS office. Our client was fully prepared and the interview went well.
On November 14, 2012, his green card application was approved.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
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CASE: Marriage-Based Adjustment of Status
CLIENT: Bangladeshi
LOCATION: New York
Our client came to the United States in 2002 with a B-2 visitor visa from Bangladesh. After she got divorced, she married a U.S. Citizen in July 2012 and retained our office on August 10, 2012 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.
Our firm prepared and filed the I-130 petition and I-485 adjustment of status application on August 16, 2012. 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 over conference call. On November 14, 2012, our clients were interviewed at the Holtsville, New York USCIS office. On the same day, our client and her daughter’s green card applications were approved.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
For other marriage-based green card success stories, please click here.
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CASE: Marriage-Based Green Card
CLIENT: Korean
LOCATION:Ohio
Our client came to theUnited Statesin 2010 with an F-1 student visa fromSouth Koreato study in theUnited States. He married a U.S. Citizen in December 2011 and retained our office on January 26, 2012 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 February 24, 2012. 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 May 15, 2012, our client was interviewed at theCleveland,OhioUSCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. On November 5, 2012, his green card application was approved.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
For other marriage-based green card success stories, please click here.
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