Case: I-130/I-485

Applicant/Beneficiary – Lithuanian

Location: Columbus, OH

Our client entered the United States in April 2013 from Lithuania under the visa waiver program. She had a transit stamp on the passport though 90 days was given. While her flight was delayed, she spoke with a close friend and decided to stay in the US.

As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days, as was stamped on her passport.

Later, in May 2014, our client married her U.S. citizen boyfriend. However, her authorized stay had elapsed. Our client and her husband contacted our office, and they retained us on May 30, 2014.

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. Another issue also was the “transit” note there (which also conflicted with the 90 day handwritten date provided on the stamp).

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 June 26, 2014.  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 September 11, 2014, our client was interviewed at the Columbus, Ohio USCIS Field Office.  Despite the visa waiver issue, on the same day, 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: Dayton, OH

Our client entered the United States in January 2014 from South Korea under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) for a couple months. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.

Later, in February, our client and her U.S. citizen boyfriend married in the United States. Her husband contacted our office, and they retained us on March 21, 2014.

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 March 31, 2014.  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. Prior to the interview, we thoroughly prepared our clients. On July 17, 2014, our client was interviewed at the Cincinnati, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu accompanied them at the interview 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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CASE: Marriage-Based Adjustment of Status
CLIENT: Belgian
LOCATION: Cleveland, OH

Our client came to the United States in October 2013 from Belgium 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 for only 90 days.

Within two weeks of his entry to the United States, our client and his U.S. citizen girlfriend got married. They were planning to move to the Netherlands, so he did not have any immigrant intent when he initially came to the United States. However, things changed, and they decided to settle in the United States, so he and his wife filed an I-130 petition and I-485 adjustment of status application in January 2014.

Nevertheless, our client was worried about the potential immigrant intent issue so they contacted our firm in early April of 2014 for preparation and accompaniment at his green card interview. He retained our office on April 8, 2014. Prior to the interview, we thoroughly prepared our client at our office. On April 17, 2014, our client was interviewed at the Cleveland USCIS.  We accompanied our client at his interview as well.  On the same day, his green card application was approved.

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Case: I-130/I-485

Applicant/Beneficiary – French

Location: Cleveland, OH

Our client entered the United States in November 2013 from France under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now husband). As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.

Less than a month after her entry, in late November 2013, our client and her U.S. citizen boyfriend got married in the United States.

Afterwards, she contacted our office, and they retained us.

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.  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.

Another potential issue was immigrant intent. When someone comes on a non-immigrant status or visa waiver, there shouldn’t be any intent on that entry to apply for adjustment of status. In their case though, despite the marriage, at that point they weren’t set on actually living in the United States. Thus, there was no immigrant intent upon entry.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on December 26, 2013.  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 April 10, 2014, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  We accompanied them at the interview as well.  Despite the visa waiver and potential immigrant intent issue, on the same day, 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 – 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: 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.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other visa waiver success stories, please click here.

For other marriage green card success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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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.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other visa waiver success stories, please click here.

For other marriage green card success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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CASE: Visa Waiver Overstay Marriage Green Card
ISSUES: Visa Waiver Overstay, Age Gap, Previous Divorces
CLIENT: Hungarian
LOCATION: Cleveland Ohio

Our client came to the United States in November 2009 as a visa waiver entrant from Hungary.  He married a U.S. Citizen in January 2012 and retained our office on February 21, 2012 for his adjustment of status application They were hesitant at first because he was a visa waiver overstay, and cases they’ve seen on the internet on visa waiver overstays were not too good. Both of them also have previous divorces. They also have a big age gap. So they were concerned about their chances of winning.

We reviewed their supporting documents and listened to their story, of how they met and fell in love. We also explained and showed a recent CIS memorandum on visa waiver overstays, more of a FAQ memo, stating that adjustment applications based on marriage to a US Citizen for visa waiver overstays should be adjudicated. Prior to this memorandum the CIS were split, granting some visa waiver overstay adjustments while some issue denials resulting to deportation without a removal hearing (for visa waiver, you waiver your right to contest removability in Court).

Our firm then prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 27, 2012.  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 July 20, 2012, our client was interviewed at the Cleveland Ohio USCIS office accompanied by Attorney Sung Hee (Glen) Yu. The visa waiver memorandum was once again presented to avoid any possible issues. Supporting documents of their bona fide relationship were also submitted. On September 6, 2012, his green card application was approved.

FREE CONSULTATIONS

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.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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

Our client entered the United States from Italy in January 2012 under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days. However, she has remained in the United States ever since.

Our client is a doctor, and she mentioned that she came on a J-1 visa before. So even though old visas and passports were not required, we asked her to show us those, together with her old DS-2019, so that we could check if she was subject to the 2-year foreign residency requirement. Our first inclination was that she was subject, as most J-1 entrants who are physicians are. When we saw the J-1 documents, we found out that she indeed was not subject. And so we proceeded with the adjustment of status case.

She married her U.S. Citizen spouse in September 2011 in Italy and her U.S. citizen husband filed an I-130 petition on October 4, 2011.  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 a 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 March 5, 2012. 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 the work permit all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients. On May 15, 2012, our client was interviewed at the Cleveland, Ohio USCIS Field Office. We accompanied them at the interview as well. 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.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other visa waiver success stories, please click here.

For other marriage-based green card success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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Case: I-130/I-485
Issue: Visa Waiver Overstay
Applicant/Beneficiary – Argentinean
Location: Columbus, Ohio

Our client entered the United States in 2001 from Argentina under the visa waiver program.  When he entered the United States, he was a minor and came with his parents.  As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days. However, he has remained in the United States ever since.

Several years later, he married his U.S. citizen wife on March 25, 2011. 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 July 21, 2010.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status despite the filing date falling beyond the expiration of the visa waiver. 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 October 14, 2011, our client was interviewed at the Columbus, Ohio USCIS Field Office.  We accompanied them at the interview as well.  Despite the visa waiver / overstay issue, the USCIS officer approved his green card application on the same day.  Now, our client is a green card holder.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other visa waiver success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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