Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: Cleveland, OH

Our client entered the United States in June 2018 from South Korea under the visa waiver program. He came here to visit his U.S. citizen girlfriend (now his wife) during the summer. As a Visa Waiver Entrant, he was only authorized to remain in the United States only for 90 days.  

Later, in July of 2018, our client and his U.S. citizen girlfriend married in the United States. He contacted our office and retained our office on August 1, 2018.  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.

Since our client resided in Cleveland, Ohio, his 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 his visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on August 7, 2018.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized stay period was 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 March 5, 2019, our client was interviewed at the Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  Despite the visa waiver issue, the USCIS officer approved her green card application on March 6, 2019.  Now, our client becomes a green card holder.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: New Jersey

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

After they got married, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office. 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 New Jersey, 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 May 21, 2018.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized stay period was expired. 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 via conference call. On February 22, 2019, our client was interviewed at the Mount Laurel, New Jersey USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved her green card application on the same day of the interview.  Now, our client becomes 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 2015 from South Korea under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  However, after her authorized stay period expired, our client remained in the United States.

Later, in August of 2015, our client and her U.S. citizen boyfriend married in the United States. They contacted our office, and retained our office on November 6, 2017.  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 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 1, 2017.  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 our clients. On February 22, 2018, our client was interviewed at the Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  Despite the visa waiver issue, the USCIS approved her green card application on March 6, 2018.  Now, our client becomes a green card holder.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: Dayton, OH

Our client entered the United States in February 2017 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States only for 90 days.  In October 2016, our client and his U.S. citizen girlfriend married in the United States. Our client went back to the United Kingdom and came back to visit his wife in February 2017.

In March 2017, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on March 21, 2017.  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.

Since our client resided in Dayton, Ohio, his 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 his visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on May 2, 2017.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before his authorized stay period was expired. 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 via conference call. On September 28, 2017, our client was interviewed at the Cincinnati, Ohio USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved his green card application on the same day of the interview.  Now, our client becomes a green card holder.

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Case: I-130/I-485

Client: British

Location: Miami, FL

Our client entered the United States in November 2013 from the United Kingdom under the visa waiver program. He came here to visit his U.S. citizen girlfriend (now his wife).  As a Visa Waiver Entrant, he was only authorized to remain in the United States only for 90 days.  

Later, in February 2014, our client and his U.S. citizen girlfriend married in the United States. They contacted our office, and retained us after they got married.  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.

Since our client resided in Miami, FL, his 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 his visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 28, 2014.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before his authorized stay period was 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 via conference calls. On August 17, 2014, our client was interviewed at the Miami, FL USCIS Field Office.

After the interview, his adjustment of status application was pending for a while. Later in 2015, the USCIS Miami Field Office scheduled an additional interview for our client. On April 10, 2015, Attorney Sung Hee (Glen) Yu accompanied our client and his wife at the Miami, FL USCIS office his second interview. The interview took more than three hours and the officer thoroughly asked our client and his wife about the bona fide nature of the marriage and some martial issues that the officer had suspicions on.

On January 20, 2016, the USCIS issued a Notice of Intent to Deny (NOID).  The NOID claimed that there was substantial and probative evidence that the marital union between the Petitioner and Beneficiary is not bona fide.  Moreover, the NOID points out that the submitted documentation of Petitioner and Beneficiary does not establish a bona fide nature of their marriage.

In response to the USCIS’s NOID, our office helped our clients draft an extensive affidavit. Multiple supporting documents and an affidavit from our client were all included as well as letters from their friends and neighbors, joint utility bills, joint insurance, and several pictures of our client and his wife in several occasions with different people.  Several legal authorities were cited based on particular issues discussed, and on February 5, 2016, we filed the Response to NOID prior to the 30-day deadline.

Nonetheless, the USCIS Miami Field Office scheduled additional interview for our client to appear. On January 12, 2017, Attorney Sung Hee (Glen) Yu accompanied our client and his wife again at the Miami, FL USCIS office his third interview.  Despite the visa waiver issue and the NOID, the USCIS officer finally approved his green card application on the same day.  Now, our client becomes a green card holder.

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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: 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: 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:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Mexican

LOCATION: Texas

Our client came to the United States from Mexico in December 2003 without inspection and admission. She married her U.S. citizen husband in 2007. With our firm’s legal assistance, her U.S. Citizen husband filed an I-130 petition for her on January 13, 2014. This I-130 petition was approved on August 12, 2014.

However, our client cannot file for adjustment of status application due to her ground of inadmissibility (entry without inspection and admission). She cannot also apply for an immigrant visa at once and get it – she has a bar. She needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application wasn’t easy, as the US Citizen husband did not have major medical issues. He had a history of depression though, plus their (the son is not a qualifying relative for the waiver, but we argued it’s a big factor for the husband’s hardship) suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included affidavits and medical records.  We argued that if she was removed from the United States, extreme hardship to her husband is clearly foreseeable and evident.

In our brief, we also argued that our client and her husband have maintained strong family ties in the United States, that her husband will have difficulty in finding the same level of employment in Mexico, and that her U.S. citizen child and her husband will face extreme emotional difficulties if she is removed.

On May 18, 2015, we filed the I-601A waiver application which included the brief in support, her husband’s extensive medical examination records, and other documents that demonstrated hardship to her husband if she is removed from the United States.

However, on August 17, 2015, the USCIS issued Request for Evidence (RFE) for our client’s case. USCIS explicitly requested our client to submit more evidence to prove extreme hardship to her U.S. citizen husband if she is forced to relocate in Mexico. In response to this RFE, our office prepared a response brief along with more. Our office filed the response to RFE on September 16, 2015.

Eventually, her I-601A waiver was approved on September 25, 2015. Now, she can file packet 3 and 4 here in the United States, and would go to Mexico shortly to get her immigrant visa.

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Case: I-130/I-485

Applicant/Beneficiary – Japanese

Location: Cleveland, Ohio

Our client entered the United States in April 2015 from Japan under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) for a couple of months. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.

Later, in June 2015, our client and her U.S. citizen boyfriend married in the United States. Her husband contacted our office, and they retained us on June 26, 2015.

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 July 6, 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 September 18, 2015, our client was interviewed at the Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Despite the visa waiver issue, on the same day of the interview, the USCIS approved her green card application.  Now, our client is a green card holder.

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