CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian

LOCATION: North Randall, OH

Our client is from Nigeria who came to the U.S. on an F-1 student visa to pursue his undergraduate’s degree in the U.S. In July 2018, our client is married his current U.S. citizen wife.  He retained our office on November 19, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 11, 2019. 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 May 3, 2019, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well.

However, the USCIS issued a request for evidence (RFE) on May 13, 2019, and requested our client to submit signed affidavits from Petitioner’s parents regarding our client’s marital life. We helped our client to draft an affidavit and filed the response to RFE to USCIS on June 4, 2019. Eventually, on June 17, 2019, his green card application was approved.

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

CLIENT: Chinese

LOCATION: Findlay, OH

Our client came to the United States in January 2019 as a K-1 visa entrant from China.  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 married 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. She married in February of 2019.

Our client contacted our office initially in February 2019 and consulted with us for her adjustment of status application. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on February 26, 2019.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.

Thereafter, the USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients via conference calls. On June 10, 2019, our clients were interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on June 12, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Indonesian

LOCATION: Northfield, OH

Our client came to the United States from Indonesia on a F-1 student’s visa to pursue her undergraduate degree. She married a U.S. Citizen in January 2019 and retained our office on February 1, 2019 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 4, 2019. 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 May 24, 2019, 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 June 12, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Akron, OH

Our client came to the United States from Ghana on a F-1 student’s visa in May 2017. He married a U.S. Citizen in August 2018 and retained our office on November 12, 2018 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 28, 2018. 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, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients as well. Eventually, on the same day of the interview, his green card application was approved.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: Jersey City, NJ

Our client is a citizen of China who came to the U.S. on a J-2 Visa in June 2012.  She came with her mother who came on a J-1 Visa for her research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in November 2013. She would like to get a waiver because she has an employer who will file the H-1B petition for her. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in November 2013.

Our firm was retained to do her J-2 waiver, and on March 15, 2019, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on April 8, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On June 5, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-130 / I-485 Adjustment of Status

NATIONALITY: Philippines

LOCATION: Great Falls, Montana

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. She was subject to the two-year foreign residency requirement.

In May 2018, 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 June 19, 2018, 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 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 August 8, 2018, 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 December 11, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on February 22, 2019, 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 January 29, 2019.  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 June 7, 2019, 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: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement 

NATIONALITY: Canadian                                                                                                           

LOCATION: Pittsburgh, PA

Our client is from Canada who came to the U.S. on a J-1 visa in January 2014 to work as a short-term scholar at one of the national laboratories in the United States. Currently, she is in the U.S. with her F-1 status and is pursuing her Ph.D. program. With our legal assistance, her husband got his I-140 self-petition approval (National Interest Waiver Category) in February 2019.  They were about to file their adjustment of status applications based on the approved I-140 petition; however, our client would like to double-check whether she was subject to the two-year foreign residency requirement for that J-1 program.

Upon our client’s request, our office checked with the State Department by filing an advisory opinion request.  According to the Department of State, “if you are not sure whether the two year foreign residence applies to you, you may make a written request for an advisory opinion for the applicability of the residence requirement to your situation.”  Our office promptly filed this advisory opinion request on January 16, 2019 to the Waiver Review Division of the Department of State.

Unfortunately, the decision of the Department of State stated that our client is subject to the two-year foreign residency requirement. After our office received this decision from the Department of State, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Canadian Embassy in the United States. 

On April 1, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Canadian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust with an approved I-140 if she obtains the waiver.

Thereafter, the Canadian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On May 15, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has issued an I-612 approval notice on May 25, 2019. Now, our client can file her adjustment of status application along with her husband’s approved I-140 petition.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Mexican

LOCATION: Piqua, OH

Our client contacted us in February 2019 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Mexico and obtained his green card in February 1998.

Once retained, his N-400 application was filed on February 20, 2019 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On June 3, 2019, our client appeared at the Cincinnati, Ohio USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on June 4, 2019. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                             

LOCATION: Chagrin Falls, OH

Our client is from China who came to the U.S. on a B-2 visitor’s visa in October 2018. In December 2018, our client married her current U.S. citizen husband.  After she got married, she 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 February 21, 2019.  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 at our office. On June 4, 2019, our client was interviewed at Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – Italian
Location: Youngstown, OH

Our client entered the United States in October 2016 from Italy under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States only for 90 days.  In October 2018, our client and her U.S. citizen boyfriend married in the United States.

In November 2018, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on November 20, 2018.  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 Youngstown, OH, 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 her application because of her visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on December 17, 2018.  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. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared them at our office. On June 3, 2019, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu also accompanied our clients. Despite the visa waiver issue, the USCIS officer approved her green card application on June 4, 2019.  Now, our client becomes a green card holder.

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