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.

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CASE: Marriage-Based Adjustment of Status
CLIENT: From Suriname
LOCATION: Cleveland, OH

Our client came to the United States in October 16, 2000 with a B-2 visitor visa from Suriname.  She married a U.S. Citizen in October 2011 and retained our office on October 25, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on December 21, 2011.  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. On April 27, 2012, our client was interviewed at the Cleveland, Ohio USCIS office.  We accompanied them at the interview as well.  On May 7, 2012, her green card application was approved.

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

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

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Baltimore, MD

Our Filipino client came to the United States in 2003 with a G-4 visa, a non-immigrant visa which allows foreign officers or employees of international organizations of any rank to enter into the U.S. to engage in business activities and not for personal business and pleasure. She married a U.S. Citizen in March 2010 and retained our office on February 16, 2012 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 27, 2012.  In the application, our firm also included Form I-508 (Waiver of Rights, Privileges, Exemptions and Immunities) and Form I-566 (A, G, or NATO Dependent Employment Authorization or Change/Adjustment To/From A, G, or NATO status) since our client was in G-4 status.  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. On May 2, 2012, less than three months from filing the applications, our client was interviewed at the Baltimore, Maryland USCIS office. Two days later, on May 4, 2012, her green card application was approved.

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

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

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CASE: Marriage-Based Adjustment of Status
CLIENT: From Madagascar
LOCATION: Cleveland, OH

Our client came to the United States in June 1998 with an F-1 student visa to study in the United States. She overstayed her F-1 status and remained in the United States. She married a U.S. Citizen in August 2008 and retained our office on September 14, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 8, 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. On May 8, 2012, three months from filing the application, our client was interviewed at the Cleveland, Ohio USCIS. Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  On the same day, her green card application was approved.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Ghanaian
LOCATION: Cleveland, Ohio (EOIR) / Columbus, Ohio (USCIS)

Our client is a Ghanaian citizen who came to the U.S. on an F-1 Student Visa in August 2003 to study at a college in West Virginia.  He married his ex-wife, a U.S. Citizen, in 2007, but their marriage ended in 2011.  At the latter stage of his previous marriage, his ex-wife, a U.S. Citizen, filed an I-130 for him, but later withdrew the petition as their marriage did not work out well.  The I-130 petition was denied and after the denial, a Notice to Appear was issued and our client was placed in removal proceeding.

Our client got divorced to his first wife and then married his second U.S. Citizen wife in August 2011. He retained our office on August 29, 2011. Our office prepared and filed an I-130 Petition with bona fide marriage evidence of his two marriages on September 2, 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 October 19, 2011 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 March 26, 2012 at the Columbus USCIS Field Office.  Prior to the interview, our office thoroughly prepared our client and his wife for the interview. Attorney Yu 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. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice. He’s not in proceedings anymore. Now, he can file his I-485 adjustment of status application to the USCIS and eventually obtain his green card.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Cleveland, OH

Our client came to the United States in January 2010 with an H-2 temporary work visa from Philippines. She married a U.S. Citizen in September 2011 and retained our office on November 8, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on January 9, 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. On April 13, 2012, our client was interviewed at the Cleveland, Ohio USCIS.  We accompanied them at the interview as well.  On April 24, 2012, her green card application was approved, and our client obtained her green card a week later.

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

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Also feel free to contact our office anytime free consultations.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Ghanaian
LOCATION: Cleveland, OH

Our client came to the United States in June 2009 with a J-1 exchange visitor visa from Ghana. He married a U.S. Citizen in September 2011 and retained our office on January 9, 2012 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 27, 2012.  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 at our office.  On April 30, 2012, our client was interviewed at the Cleveland, Ohio CIS office.  Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  On the same day, his green card application was approved.

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: Marriage-Based Adjustment of Status
CLIENT: Costa Rican
LOCATION: Houston, Texas

Our client came to the United States in November 1993 as a B-2 visitor from Costa Rica. Although her authorized stay in the United States expired in December 1993, she has remained in the United States. Her husband was in the United States at that time, and later her husband got his green card through NACARA and eventually became a naturalized U.S. Citizen in March 2011.  Her husband filed an I-130 petition on behalf of our client in 2003 when he was a green card holder, this petition was later approved in 2006. Our client and her husband retained our office on August 18, 2011 for her adjustment of status application.  Our firm prepared and filed the Adjustment of Status Application on February 9, 2012.  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 April 25, 2012, our client was interviewed at the Houston, Texas USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied them.  On the same day, her green card application was approved.

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: Marriage-Based Adjustment of Status
CLIENT: Jamaican
LOCATION: New York, NY

Our client came to the United States in September 2007 with an H-2B seasonal temporary work visa from Jamaica. She married a U.S. Citizen in July 2011 and retained our office on November 7, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on November 18, 2011.  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 26, 2012, our client was interviewed at the New York, NY USCIS.  Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  On the same day, her green card application was approved.

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: Marriage-Based Adjustment of Status
CLIENT: Cameroon
LOCATION: Virginia

Our client came to the United States in August 2009 on a B-2 visitor’s visa from Cameroon. Although her authorized stay in the United States expired in November 2009, she stayed in the United States since then.  She married a U.S. Citizen in March 2011 and retained our office on July 21, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on August 12, 2011.  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 through conference call.  On April 18, 2012, our client was interviewed at the Fairfax, VA USCIS Field Office.  On April 20, 2012, her green card application was approved.

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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