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Post image for After Three Interviews and a Notice of Intent to Deny, Green Card Approval Through Marriage, Visa Waiver Entry, For British Client in Miami Florida

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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Post image for Green Card Approval for British Engineering Manager Based on Approved I-140 Petition in Cleveland Ohio

CASE: I-485 (Based on EB-2 I-140 Approval)
CLIENT: British Engineering Manager
LOCATION: Cleveland, OH

Our client is an engineering manager from the United Kingdom, who is currently working at a molded component manufacturing company in the greater Cleveland area. The company/petitioner was willing to petition him for a green card, in the second-preference category (EB2).

Our client has a Bachelor’s degree and has more than 5 years of related work experience. He has maintained his status as an H-1B visa holder in the United States. The issue is that he can only renew his H-1B after an I-140 petition is approved. After talking to our client, our firm advised that his potential employer can petition him as an Engineering Manager, specifically, Liquid Injection Molding (LIM) Process Engineering Manager.

Prior to filing the PERM labor certification application, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. As mentioned on our previous success story, we filed the PERM labor certification application for our client on August 8, 2012. Two months later, on October 10, 2012, the PERM labor certification was approved. There were no audits in this application. Our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employment verification letters from our client’s previous employers, and other necessary supporting documents.

The I-140 Petition was filed on October 31, 2012 via premium processing. On November 8, 2012, in only eight days, the I-140 EB2 for our British client was approved.

After the I-140 was approved, our client retained our office again for his I-485 adjustment of status application. On March 28, 2013, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on May 31, 2013, only about two months later, the USCIS Nebraska Service Center approved our client’s I-485 application.  Our client now is a green card holder.

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Post image for Marriage Based Petition and Green Card Approval for British Client in Pittsburgh PA

CASE: Marriage-Based Adjustment of Status
CLIENT: British
LOCATION: Pittsburgh, PA

Our client came to the United States in June 2001 with a F-1 Student visa from United Kingdom.  He married a U.S. Citizen in April 2008 and retained our office on August 3, 2012 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 7, 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 through conference calls. On November 26, 2012, our client was interviewed at the Pittsburgh, PA USCIS office. On February 27, 2013, his green card application was approved.

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

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Post image for I140 EB2 8 Day Premium Processing Approval for Manufacturing Company Petitioner and British Engineering Manager Beneficiary in Cleveland Ohio

CASE: I-140 / I-907 (Premium Processing)
ISSUE: Had to get the I-140 Approved to Be Eligible for 3-Yr H-1B Extension
EMPLOYER: Molded Component Manufacturer
BENEFICIARY: British Engineering Manager
LOCATION: Cleveland, OH

Our client is an engineering manager from the United Kingdom, who is currently working at a molded component manufacturing company in the greater Cleveland area. The company/petitioner was willing to petition him for a green card, in the second-preference category (EB2).

Our client has a Bachelor’s degree and has more than 5 years of related work experience. He has maintained his status as an H-1B visa holder in the United States. The issue is that he can only renew his H-1B after an I-140 petition is approved.

After talking to our client, our firm advised that his potential employer can petition him as an Engineering Manager, specifically, Liquid Injection Molding (LIM) Process Engineering Manager.

Prior to filing the PERM labor certification application, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. As mentioned on our previous success story, we filed the PERM labor certification application for our client on August 8, 2012. Two months later, on October 10, 2012, the PERM labor certification was approved. There were no audits in this application. Our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employment verification letters from our client’s previous employers, and other necessary supporting documents.

The I-140 Petition was filed on October 31, 2012 via premium processing. On November 8, 2012, in only eight days, the I-140 EB2 for our British client was approved.

Now, not only can he file for a green card (could have been filed simultaneously, but priority dates were not current back in October), but he is also eligible for an H-1B 3 year extension.

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For other I-140 EB2 success stories, please click here.

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CASE: PERM Labor Certification
EMPLOYER: Molded Component Manufacturer
BENEFICIARY: British Engineering Manager
LOCATION: Cleveland, Ohio
FILED: August 8, 2012
APPROVED: October 10, 2012
AUDITS: None

Our client is an engineering manager from the United Kingdom, who is currently working at a molded component manufacturing company in greater Cleveland area. The company/petitioner was willing to petition him for a green card, in the second-preference category (EB2).

Our client has a Bachelor’s degree and has more than 5 years of related work experience. He has maintained his status as an H-1B visa holder in the United States. After talking to our client, our firm advised that his potential employer can petition him as an Engineering Manager, specifically, Liquid Injection Molding (LIM) Process Engineering Manager.

Prior to filing the PERM labor certification application, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. On August 8, 2012, we filed the PERM Labor Certification application. Two months later, on October 10, 2012, the PERM labor certification was approved. There were no audits in this application.

FREE CONSULTATIONS

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

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For other PERM Labor Certification success stories, please click here.

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CASE: Marriage-Based Adjustment of Status
CLIENT: British
LOCATION: Alexandria, VA

Our client came to the United States in February 2011 with a B-2 visitor visa from the United Kingdom.  In August 2011, he married a U.S. Citizen and retained our office on September 19, 2011 for the petition and adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 22, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, work permit, and advance parole all came on time. There was no Request for Evidence.  Prior to the interview, we prepared our clients. On December 15, 2011, our client was interviewed at the Fairfax, VA USCIS Field Office.  On December 16, 2011, 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. 

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

For other success stories, please click here.

Also feel free to call us anytime for free consultations.

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