CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Chicago, IL

Our client contacted us in October 2016 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card, through the help of our firm, in July 2012 through marriage to her U.S. Citizen husband. She retained our office on October 11, 2016.

The N-400 application was filed on October 14, 2016 with all supporting documents. Prior to her citizenship interview, our office prepared her through conference calls. On January 19, 2017, our client appeared at the Chicago, IL USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview.

However, the USCIS Chicago Field Office issued a Request for Evidence (RFE) for our client after the interview. The USCIS specifically requested our client to submit bona fide martial documents of our client and her husband. Our office filed the Response to RFE to USCIS on February 13, 2017 along with copies of joint bank statements, joint tax records, utility bills, joint mortgage, joint insurances and photos of our client and her husband to demonstrate the bona fideness of their marriage. Eventually, her application was approved on April 28, 2017. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-485 Adjustment of Status Based on Approved I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)

EMPLOYER: Multinational Tire Corporation

BENEFICIARY: Korean

LOCATION: Ohio

Our client is the vice president of a multinational tire corporation in Ohio.  He is from Korea, and has worked for its parent company for 12 years in positions of increasing responsibility including that of Research and Development team manager. He came to the United States in February 2013 with an E-2 visa to work for current petitioner company (wholly-owned subsidiary of his previous employer).  He contacted our firm in December 2013, and discussed us his chances of getting a green card.  Based on our client’s educational and professional background and his current position at the worksite, our office determined that he was clearly eligible for the EB-1C classification for his I-140 petition. Our client eventually retained us for his I-140 and subsequent I-485 adjustment of status application.

An employer can petition for its foreign employee under INA § 203(b)(1)(C) if it demonstrates the following: (C) Certain multinational executives and managers – An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

According to the INA §101(a)(44), 8 U.S.C. §1101(a)(44) and 8 C.F.R §204.5(j)(2), “executive capacity” means an assignment in an organization in which the employee primarily: (1) Directs the management of the organization or a component or function; (2) Establishes goals and policies; (3) Exercise wide latitude in discretionary decision making; and (4) Receives only general supervision or direction from higher level executives, board of directors or stockholders.

Also, above the mentioned statutes define “managerial capacity” as an assignment with the organization in which the employee personally: (1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization; (3) Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.

After our office was retained, we prepared a thorough cover letter and obtained all necessary supporting documents from our client and the petitioning company. In our brief, we clearly demonstrated that our client met the requirements set forth in the INA §203(b)(1)(C).  First, the prospective U.S. employer (Petitioner-Company) has been doing business for at least 1 year.  Second, the prospective employer (Petitioner) in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad.  Third, if the worker is already employed in the United States, he or she was employed outside the United States for at least 1 year in the 3 years preceding admission as a non-immigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate. Last, the alien is to be employed in the United States in a managerial or executive capacity.

In this case, the Petitioner-company has been doing business for 23 years in the United States. In addition, Petitioner-Company is the wholly-owned subsidiary of its Korean parent company where our client was employed for 12 years. Moreover, our client was employed outside the U.S. for at least 1 year in the 3 years preceding admission as a non-immigrant in an Executive or Managerial Capacity by the Petitioner’s parent company in South Korea.  Our client served as a team manager and later became general manager for the parent company.  He personally supervised and controlled the work of other researchers and engineers for new types and models of tire developments, and was primarily responsible for the company’s various new tires.  Lastly, our client is to be employed in the United States as a vice president for the petitioner.

On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), an organization chart, and a dispatch order.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in South Korea.  The evidence included a copy of the certificate of ownership, a copy of the articles of incorporation, a copy the business registration certificate, a copy of the approval for overseas investment, a copy of the annual report and consolidated financial statements.  The I-140 Petition was filed on September 8, 2014.  On March 5, 2015, the I-140 was approved with no Requests for Evidence.  

On November 28, 2016, our office filed an I-485 adjustment of status application for our client and his derivative family members. Everything went smoothly and the receipt notices and fingerprint appointment came on time.  On April 14, 2017, the USCIS Nebraska Service Center approved our client’s adjustment of status application.  On the same day, the CIS approved our client’s derivative family members’ adjustment of status applications as well.

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CASE: I-485 Adjustment of Status / Motion to Terminate Removal Proceedings Based on an Approved I-130 Immediate Relative Spousal Petition

CLIENT: Nepalese

LOCATION: Houston, TX

Our client is a Nepalese citizen who came to the U.S. on an F-1 Student Visa.   Our client and his wife married in August 2013.  When they were married, our client’s wife was a green card holder. Our client’s wife filed an I-130 petition for our client in August 2013 and it was approved by the USCIS later. Our client filed his adjustment of status application along with the I-130 petition, but it was denied due to his failure to maintain status. After his I-485 adjustment of status application was denied, a Notice to Appear was issued against our client, and he was placed in removal proceeding.

His wife became a naturalized U.S. citizen in July 2015. Our client contacted our office and consulted with us for his potential relief. Based on the approved I-130 and his wife’s recent naturalization, we determined that we could file joint motion to terminate his proceedings. Our client retained our office on July 15, 2015.  

On July 27, 2015, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. However, we did not get any response from the Houston DHS office regarding their consent to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice in September 2015.  

After the multiple follow-ups, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Houston Immigration Court on January 6, 2016. The DHS counsel in Houston did not oppose the Motion to Terminate Removal Proceedings. Ultimately, the Immigration Judge granted the Motion to Terminate Removal Proceedings without prejudice on January 27, 2016.

After his removal proceeding was terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on April 6, 2016. 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 call. On April 25, 2017, our client was interviewed at the Houston, Texas USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients. After the interview, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Columbus, OH

Our client contacted us in October 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in July 2011.

After retention,  his N-400 application was filed on October 24, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls. On March 21, 2017, our client appeared at the Columbus, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on April 6, 2017. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Change of Status from B-2 to F-2

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came from India on a valid B-2 visa in April 2016. She came here to see her husband who was pursuing his studies in the United States as an F-1 student. Later, she decided to stay in the United States with his wife as F-2, a dependent of an F-1 visa holder. She filed her I-539 change of status application to the USCIS in September 2016. However, she received a Request for Evidence from the USCIS on January 18, 2017. She retained our office for the response to RFE for her case on January 26, 2017.  

Once retained, we helped our client obtain supporting documents for the response to RFE. We prepared the response brief along with evidence to demonstrate that she has properly maintained her B-2 status, did not have intention to file F-2 when she first came, and why she wants to change her status from B-2 to F-2. We filed Response to RFE application along with supporting documents to USCIS on February 9, 2017. Eventually, on February 27, 2017, the Change of Status was approved. Our client is now on F-2 and can stay with her husband in the United States until his studies finishes.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Indian
LOCATION: Cleveland, OH

Our client is a citizen of India who came to the U.S. on a J-2 Visa in 2006.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement. While she was J-2, she changed her status to J-1 after she was employed. She obtained her I-612 (J-1 waiver) for her J-1 program when she changed her status from J-1 to H-1B later. Unfortunately, while they are residing in the United States, her marriage did not work out well. Eventually, she got divorced from her ex-husband in 2012. 

In 2015, her Eb-1 I-140 petition was approved by the USCIS. Our client filed her I-485 adjustment of status along with her approved I-140 and I-612. However, the USCIS issued Request for Evidence and asked her to submit advisory opinion for her J-2 program. She applied for the advisory opinion to the U.S. Department of State, and in November 2016, the Department informed our client that she is still subject to the two year foreign residency requirement for her J-2 time.

After she found out that she needs a J-2 waiver, our client contacted our office in December 2016. She retained our firm to do her J-2 waiver on December 13, 2016. On December 14, 2016 the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  Eventually, on January 23, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on March 30, 2017.  Now, our client can re-file an adjustment of status application (I-485) for her green card with the approved I-140 petition and I-612 waiver.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition
CLIENT: US Citizen Petitioner; Irish Beneficiary in Dublin Ireland
LOCATION: Petitioner: Ohio; Beneficiary: Dublin, Ireland

Our client is a U.S. citizen.  He married his wife in the United States in August 2015.  After the marriage, his wife went back to Ireland. Our client contacted our office in November 2015 and retained us to bring his wife to the States.

Our office prepared and filed the I-130 to the National Visa Center on December 9, 2015. The I-130 Petition was approved by the USCIS on October 11, 2016. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on November 30, 2016, who in turn forwarded our client’s materials to the U.S. Embassy in Dublin, Ireland. An interview notice was set for the client at the US Embassy in Dublin, Ireland and we prepared her for her interview. On April 3, 2017, our client appeared at her immigrant visa interview at the U.S. Embassy in Dublin. After the interview, the U.S. Embassy in Dublin, Ireland approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s wife can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition
CLIENT: US Citizen Petitioner; Pakistani Beneficiary in Pakistan
LOCATION: Petitioner: Ohio; Beneficiary: Islamabad Pakistan

Our client is a U.S. citizen.  She married her husband in Pakistan in March 2016.  After the marriage, she came back to the United States and contacted our office in April 2016 and retained us to bring her husband to the States.

Our office prepared and filed the I-130 to the National Visa Center on April 15, 2016. The I-130 Petition was approved by the USCIS on July 25, 2016. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on September 30, 2016, who in turn forwarded our client’s materials to the U.S. Embassy in Islamabad, Pakistan. An interview notice was set for the client at the US Embassy in Islamabad, Pakistan and we prepared him for his interview. On January 11, 2017, our client appeared at his immigrant visa interview at the U.S. Embassy in Islamabad. On March 22, 2017, the U.S. Embassy in Islamabad, Pakistan approved and issued his immigrant visa.

With the approved Immigrant visa, our client’s husband can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Houston, TX

Our client is from the Philippines who came to the U.S. on an H-1B Visa in February 2012.  In September 2015, our client married her current U.S. citizen husband.  She retained our office on September 20, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 5, 2015.  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 as well. On November 22, 2016, our client was interviewed at Houston Texas USCIS office. The interview went well, but the USCIS officer requested our client to submit the updated medical record. Our client submitted her updated medical record immediately. Eventually, on March 29, 2017, our client’s green card application was approved.

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CASE: H-1B Concurrent Employment

PETITIONER: Law Firm

BENEFICIARY: Nigerian IT Quality Assurance Project Manager

LOCATION: Cleveland, OH

Our client is a mid-sized law firm which is located in Cleveland, OH. They contacted our office in September 2016 to seek assistance from our office for their foreign employee’s H-1B based on concurrent employment category. The beneficiary is from Nigeria and he obtained his Bachelor’s degree in computer science. The proffered position for the Beneficiary is an IT Quality Assurance Project Manager which we argued qualifies as a specialty occupation. He got his H-1B status with a different petitioner-employer in 2016.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on October 21, 2016 via regular processing. We also gathered supporting documents from both the Petitioner and Beneficiary and argued that beneficiary’s position is a specialty occupation as the law requires.  Eventually, our client’s H-1B application was approved on March 15, 2017.  His H-1B is good until October 2019.

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