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

Our client entered the United States in December 2021 from Italy under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  He married his U.S. citizen spouse in February 2022. 

In February 2022, they contacted our office and consulted with us regarding adjustment of status. After the consultation, they retained our office.  One main issue in his green card application 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.

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 16, 2022.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On June 8, 2022, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved his adjustment of status application on June 10, 2022.  Now, our client is a green card holder.

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Case: I-130/I-485
Issue: Visa Waiver Entry
Applicant/Beneficiary – Korean
Location: Arp, TX

Our client entered the United States in March 2020 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. 

She married to U.S. Citizen in September 2017. Since then, they have lived in South Korea. 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 client contacted our office for consultation and retained our office on May 5, 2020 for her adjustment of status application. Our office filed the I-130 Petition and I-485 Adjustment of Status Application on June 1, 2020. Our office requested the CIS to exercise favorable discretion in granting adjustment of status despite her visa waiver entry.  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 September 14, 2021, our client was interviewed at the Dallas (Irving), Texas USCIS Field Office. Despite the visa waiver entry and subsequent adjustment of status issue, the USCIS officer approved her green card application on the same day. Now, our client is a green card holder.

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Case: I-130/I-485
Applicant/Beneficiary – Taiwanese
Location: North Olmsted, OH

Our client entered the United States in February 2019 from Taiwan under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  She married her U.S. citizen spouse in June 2020.

In August 2020, they contacted our office and consulted with us regarding adjustment of status. After consultation, they retained our office on August 11, 2020.  One main issue in her green card application 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 North Olmsted, 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.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on September 29, 2020.  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. On July 14, 2021, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved her adjustment of status application on the same day of the interview.  Now, our client is a green card holder. 

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

Our client entered the United States in August 2020 from Germany under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  She married her U.S. citizen spouse in October 2020. 

In November 2020, they contacted our office and consulted with us regarding adjustment of status. They retained our office on November 2, 2020.  One 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).  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on November 12, 2020.  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 via conference calls. On May 14, 2021, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved her adjustment of status application on the same day of the interview.  Now, our client is a green card holder.

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Case: I-130/I-485
Issue: Visa Waiver Entry
Applicant/Beneficiary – Italian
Location: Weston, CT

Our client entered the United States in December 2019 from Italy under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days. 

She married to U.S. Citizen in September 2011 in Italy. 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 client contacted our office for consultation and retained our office on January 13, 2020 for her adjustment of status application. Our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 11, 2020. Our office requested the CIS to exercise favorable discretion in granting adjustment of status despite her visa waiver entry.  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 February 16, 2021, our client was interviewed at the Hartford, Connecticut USCIS Field Office. Despite the visa waiver entry and subsequent adjustment of status issue, the USCIS officer approved her green card application on the same day.

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

Our client entered the United States in February 2020 from Italy under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  He married his U.S. citizen wife in March 2020. After he entered the United States in February 2020, he never left.  

In April 2020, they contacted our office and consulted with us regarding adjustment of status. They retained our office on April 7, 2020.  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 Strongsville, Ohio, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on April 17, 2020.  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 21, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen)Yu, Esq. accompanied our clients. Eventually, the USCIS approved his adjustment of status application on the same day of the interview.  Now, our client is a green card holder. 

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

Our client entered the United States in April 2019 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States only for 90 days.  She has a  U.S. citizen husband whom she married in August 2018. After she last entered the United States in April 2019, she had not left. 

In June 2019, they contacted our office to consult about the adjustment of status process. After the consultation, they retained our office on June 6, 2019.  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 20, 2019.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared our clients at our office. On July 27, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen)Yu, Esq. accompanied our clients. Eventually, the USCIS approved her adjustment of status application on August 13, 2020.  She is now a green card holder. 

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CASE: Marriage-Based Adjustment of Status

CLIENT: British

LOCATION: Moreland Hills, OH

Our client came to the United States from the United Kingdom on a B-2 visitor’s visa. Though he had his permanent residency in the U.S. before, he abandoned itt. He married a U.S. Citizen in April 2019 and retained our office on May 3, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 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 as well. On February 10, 2020, 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 February 11, 2020, his green card application was approved.

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CASE: Adjustment of Status (F-4 I-130)

CLIENT: British

LOCATION: Brentwood, CA

Our client came to the United States from the United Kingdom as a visa waiver visitor in April 2019. She came to the United States to visit her husband who got his green card based on his U.S. citizen sibling’s petition. Thus, our client was also eligible to file an adjustment of status application as a derivative beneficiary of the approved I-130 petition for her husband. 

She contacted our office for the eligibility of her adjustment status, and after the consultation, she retained our office on April 9, 2019 for her green card application.  Our firm prepared and filed the Adjustment of Status Application on April 18, 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 via conference calls. On January 17, 2020, our client was interviewed at Fresno, California USCIS office. Eventually, on the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Italian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Italy who came to the U.S. on a B-2 visitor’s visa in April 2018. In August 2018, our client married his current U.S. citizen wife.  He retained our office on August 21, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 17, 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 at our office. On March 22, 2019, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients at their interview as well.  The interview went well and eventually his green card application was approved after the interview.

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