CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Korean

LOCATION: Cleveland, OH

Our client contacted us in April 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from South Korea and obtained his green card in October 2009. He retained our office on April 12, 2016.

The N-400 application was filed on April 13, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him. On June 27, 2016, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on June 29, 2016. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Korean Dentist

Our client is from South Korea, who is currently working in the United States as an associate dentist under an F-1 (OPT) status. His current employer is willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s education, professional and working background, our office determined that he is clearly eligible for EB-2 classification.

Prior to filing PERM, 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. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On October 6, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on December 17, 2015.  On March 3, 2016, we promptly filed PERM.  Eventually, on June 27, 2016, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Now our client can file the I-140 petition.

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CASE: PERM Labor Certification    
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under an F-1 (OPT) status. His current employer is willing to do an immigration petition for her, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-2 classification.

Prior to filing PERM, 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. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 29, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on December 11, 2015.  On March 9, 2016, we promptly filed PERM.  Eventually, on June 23, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali beneficiary. Now our client can file the I-140 petition.

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CASE: H-1B Visa Petition

PETITIONER:  Licensed Reference Laboratory

BENEFICIARY: Chinese Preparatory Chemist in Columbus, OH

Our client is a licensed reference laboratory located near Columbus, OH.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Master of Science in Chemistry in the United States. The proffered position for the Beneficiary is a preparatory chemist which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2016 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on June 23, 2015.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION:  Cleveland, OH

Our client contacted us in February 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in May 2011 through his previous marriage to a US Citizen. He retained our office on February 10, 2016.

The N-400 application was filed on March 22, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him in our office. On June 13, 2016, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on June 17, 2016. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: PERM Labor Certification    
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under F-1 (OPT) status. His current employer is willing to do an immigration petition for her, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s educational, professional and working background, our office determined that he is eligible for EB-2 classification.

Prior to filing PERM, 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. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 16, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on December 10, 2015. On March 8, 2016, we filed PERM.  Eventually, on June 22, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali beneficiary. Now our client can file the I-140 petition.

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CASE: Asylee Adjustment of Status
CLIENT: Saudi Arabian
LOCATION: Dallas, Texas

Our client came to the United States from Saudi Arabia with a B-2 visitor’s visa, and through our legal assistance, he won his asylum application in December 2014.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status. Around February 2016, one year after he got his asylee status in the United States, our client contacted our office again and sought legal assistance for his adjustment of status.  We prepared and filed his I-485 Adjustment of Status Application on March 30, 2016. Everything went smoothly and the receipt notice and fingerprint appointment all came on time. On June 9, 2016, the USCIS approved our client’s Adjustment of Status application. He is now a permanent resident of the United States.

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Case: I-130/I-485

Applicant/Beneficiary – Australian

Location: Cincinnati, OH

Our client entered the United States in September 2004 from Australia under the visa waiver program. He came here to visit his U.S. citizen girlfriend (now his wife) for a couple months. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days. However, he decided to remain in the United States.  

Later, in March 2006, our client and his U.S. citizen girlfriend married in the United States. They have happily maintained their marital life. In 2015, our client and his wife contacted our office, and they retained us on June 29, 2015.

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 February 22, 2016.  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 June 16, 2016, our client was interviewed at the Cincinnati, Ohio USCIS Field Office.  Despite the visa waiver issue, on the same day of the interview, the USCIS approved his green card application.  Now, our client is a green card holder.

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CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Nepali Dentist

Our client is from Nepal, who is currently working in the United States as an associate dentist under an F-1 (OPT) status. Her current employer is willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Surgery degree in the United States. After talking to our client, our firm concluded that his employer can petition her as an associate dentist. Based on our client’s educational, professional and working background, our office determined that she is clearly eligible for EB-2 classification.

Prior to filing PERM, 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. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 15, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on November 30, 2015.  On February 22, 2016, we promptly filed PERM.  Eventually, on June 14, 2016, the PERM Labor Certification was approved – an EB2 position for the Indian beneficiary. Now our client can file the I-140 petition.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION:  Cleveland, OH

Our client contacted us in November 2015 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 in May 2008 through her father. Her father became a naturalized citizen before she turned 18. When she went to the U.S. Embassy in the Philippines for her immigrant visa interview, she was told that she automatically became a U.S. citizen because her father became a citizen before she turned 18 (this was wrong because she had no physical presence in the US). Thus, two months after she entered the U.S., she applied for a U.S. passport. She obtained her approved U.S. passport, and thought from then that what she was told at the US Embassy was correct. The passport was actually incorrectly issued.

Later, her applied for an N-600 because she wanted to petition her husband and she needed a naturalization certificate, but it was denied. Her sister was told she had to wait 5 years. So in 2013, she applied for an N-600 again, and she was denied one more time. During her N-600 interview, she explained her situation to the officer and so USCIS learned about the US passport situation. It was then that her sister was advised to do her N-400 application.

Her sister’s N-600 application was denied because she was not a U.S. citizen. The automatic citizenship provision not only requires that her father be naturalized before she turns 18, but also that she be physically present in the US by that time. She did not know about this and she thought what she did was correct because her US passport application was approved. She was told at the U.S. Embassy in the Philippines that she is a U.S. citizen and she applied for her U.S. passport which was approved later.  

The issue in her case is the possibility of “false claim to US Citizenship”, which not only would get her citizenship case denied, but may also place her in deportation. Thus, it was important to thoroughly explain her situation so that fault won’t be attributed to her.

She retained our office on November 5, 2015. The N-400 application was filed on November 20, 2015 with all supporting documents. We included an extensive explanatory memo as well. Prior to her citizenship interview, our office prepared her at our office. On May 3, 2016, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney JP Sarmiento from our office accompanied our client and explained our client’s complicated situation to the CIS officer. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on May 24, 2016. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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