CASE: I-360 Special Immigrant Derivative and I-485 Adjustment of Status

 CLIENT: Belgian

 LOCATION: Virginia

Our clients’ mother is a G-4 visa holder from Belgium who is working for an international organization in the United States.  She has a daughter and a son who came to the United States with him and sought legal assistance from our firm for her children’s permanent residency in the United States based on the special immigrant provisions under the INA.

INA 101(a)(27)(I)(i) defines such an alien as “an immigrant who is the unmarried son or daughter of an officer or employee, or of a former officer or employee, of an international organization described in paragraph (15)(G)(i), and who:

• While maintaining the status of a G4 nonimmigrant, has resided and been physical present in the United States for periods totaling at least one-half of the seven years before the date of application and for a period or periods aggregating at least seven years between the ages of five and 21 years
• Applies for adjustment of status no later than his or her twenty-fifth birthday…

Based on this provision, we advised our client that her children will be eligible for adjustment of status. They have been physically present in the U.S. for a period totaling at least one-half of the seven years before this date, aggregating at least seven years between the age of 5 and 21.

Our client’s mother retained our office on September 18, 2015.  Our firm prepared and filed the I-360 Petition and I-485 Adjustment of Status Application on September 24, 2015.  We included a letter from their mother’s international organization for verification purposes and their school transcript as well. Once the applications were filed, everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Eventually, on December 24, 2015, the USCIS approved both the I-360 and I-485 applications for our client’s children.  They now are green card holders.

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CASE: I-130 (Petitions for Parents) and Adjustment of Status

CLIENT: Pakistani

LOCATION: New Jersey

Our client retained us to petition for her parents for a green card. Our client was born and raised in Pakistan, but was naturalized in the United States in 2012. She contacted our office in May 2015 and discussed with us the green card process for her parents. Her parents came to the United States from Pakistan in March 2015 to visit our client, and our client wanted to petition them while they were here in the United States.  After consultation, she retained our office on May 14, 2015.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 30, 2015 for her parents.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on December 15, 2015, our client’s parents’ adjustment of status applications were approved. Now, they are green card holders.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Cleveland, OH

Our client came to the United States from the Philippines on a J-1 exchange visa in March 2014. Her J-1 program was not subject to the 2 year foreign residency requirement.  She married a U.S. Citizen in June 2015 and retained our office on June 29, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 18, 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 as well. On November 9, 2015, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on December 21, 2015, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipino

LOCATION: Baltimore, MD

Our client came to the United States from the Philippines on an F-1 student’s visa in July 2009. After he completed his program, he remained in the United States.  He married his current wife in May 2013; however, his wife was a green card of holder at the time of their marriage.

In July 2015, his wife became a naturalized U.S. citizen. They contacted our office and retained our office for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 14, 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. On December 22, 2015, our client was interviewed at Baltimore, Maryland USCIS office. Eventually, on the same day of the interview, his green card application was approved.

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Case: I-130/I-485

Applicant/Beneficiary – Portuguese

Location: Cleveland, OH

Our client entered the United States in December 2014 from Portugal 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, our client did not leave the United States after his authorized period of stay expired.

Later, in June 2015, our client and his U.S. citizen girlfriend married in the United States. His U.S. citizen wife filed an I-130 petition for him first. However, they contacted our office for the filing of his adjustment of status application. They retained us on August 13, 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-485 Adjustment of Status Application on September 3, 2015.  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 in our office. On November 23, 2015, our client was interviewed at the Cleveland Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Despite the visa waiver issue, on December 16, 2015, the USCIS approved his green card application.  Now, our client is a green card holder.

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CASE: Asylee Adjustment of Status
CLIENT: Chinese
LOCATION: Cleveland, OH

Our client came to the United States from China with a B-2 visa, and through our legal assistance, he was granted asylum in April 2014 by the USCIS.

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 April 2015, one year after he got his asylee status in the United States, our client contacted our office again and sought legal assistance for his family members’ adjustment of status along with his application.  We prepared and filed his I-485 Adjustment of Status Application on July 15, 2015. Everything went smoothly and the receipt notice and fingerprint appointment all came on time. On December 8, 2015, the USCIS approved our client’s Adjustment of Status application. He is now a permanent resident of the United States. His family members also got their green cards.

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CASE: I-130 (Petition for Mother) and Adjustment of Status

CLIENT: Filipina

LOCATION: California

Our client retained us to petition for her mother for a green card. Our client’s daughter was born and raised in the Philippines, but was naturalized in the United States in February 2015 through our firm’s legal assistance. She contacted our office in late February of 2015 and discussed with us the green card process. After consultation, she retained our office on March 1, 2015.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 18, 2015.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. On October 19, 2015, our client appeared at her I-485 adjustment of status interview at Santa Ana, California USCIS Field Office. Prior to the interview, our office prepared her with possible interview questions via conference calls. Eventually, on December 16, 2015, our client’s adjustment of status application was approved. Now, she is a green card holder.

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CASE: I-140 (EB-2)

EMPLOYER: Home Health Services in Chicago Illinois

BENEFICIARY: Nigerian Director of Business Technology and Strategy

Our client is Nigerian, who is in the U.S on H-4 status. His prospective employer was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Engineering Management.

After talking to our client, our firm concluded that his employer can petition him as a Director of Business Technology and Strategy. Based on our client’s educational and professional, our office determined that he is eligible for EB-2 classification.

Prior to filing PERM labor certification, 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 the PERM Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad, whichever is later.

On October 28, 2014, the prevailing wage request was filed.  On April 17, 2015, we filed the PERM labor certification application.  Eventually, on November 17, 2015, the PERM labor certification was approved – an EB2 position for the Nigerian Director of Business Technology and Strategy.

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, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on November 24, 2015 via premium processing service. However, on December 7, 2015, the USCIS issued a Request for Evidence (RFE) for our client’s petition. In RFE, the USCIS requested our client to submit any documentation that demonstrates his specific software special skills in the past. Our office promptly filed the Response to RFE on December 8, 2015 to USCIS by submitting a letter from his old employer detailing his usage and knowledge of the three specific software that were required. Eventually, on December 16, 2015, the I-140 EB2 Petition for our Nigerian client was approved. He can now file an I-485 adjustment of status application for his green card (he could have filed the I-485 application simultaneously, but he wanted to make sure the I-140 was approved first).

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Cleveland Ohio

Our client came to the United States in July 2011 with a J-1 visa from Ghana. Later, she married a U.S. Citizen in February 2015 and retained our office for her petition and adjustment of status application.

She also asked us to file her daughter’s (Petitioner’s step-daughter) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 25, 2015. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On December 3, 2015, our clients were interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. On December 11, 2015, our client and her daughter’s green card applications were approved.

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CASE: I-485 adjustment of status / I-140 / EB-11 (Alien of Extraordinary Ability)

CLIENT: Chinese

LOCATION: Cleveland, Ohio

Our client contacted us in May 2014 about the possibility of getting an immigrant visa through the EB-11 category. He is an internationally known Pianist and is currently working as a pianist in the Cleveland area.  Our client has received multiple international awards and has appeared in numerous recitals in several cities in the world.  Also, has performed at the Carnegie Hall in New York City, and has been published in publications such as the Plain Dealer. Upon review of his credentials and qualifications, our office determined that he was qualified for the EB-11 category, an alien of extraordinary ability.

According to INA Section 203(b):

(1)   Priority workers – visas shall first be made available… to qualified immigrants who are aliens described in any of the following sub-paragraphs (A) through (C):

(A) Aliens with extraordinary – an alien is described in this sub-paragraph if-

(i)                The alien has extraordinary ability in the sciences, arts, education, business, or athletes which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

(ii)               The alien seeks to enter the United States to continue work in the area of extraordinary ability, and

(iii)             The alien’s entry into the United States will substantially benefit prospectively the United States.

USCIS has consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant visas as aliens of extraordinary ability.  See H.R. 723 101st Cong.2d Sess. 59 (1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991).  The term “extraordinary ability” refers only to those individuals in that small percentage who have risen to the very top of the field of endeavor. Id. And 8 C.F.R. § 204.5(h)(2).

The regulation at 8 C.F.R. § 204.5(h)(3) requires that an alien demonstrate his or her sustained acclaim and the recognition of his or her achievements in the field.  Such acclaim and achievements must be established either through evidence of a one-time achievement (that is, a major international recognized award) or through meeting at least three of the following ten categories of evidence:

(i)                 Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(ii)               Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

(iii)             Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.  Such evidence shall include the title, date, and author of the material, and any necessary translation;

(iv)             Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

(v)               Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

(vi)             Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;

(vii)           Evidence of the display of the alien’s work in the field at an artistic exhibitions or showcases;

(viii)         Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

(ix)             Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

(x)               Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

After review of our client’s credentials and qualifications, we determined that our client can meet 4 of the 10 categories, which is more than 3 required as an alien of extraordinary ability. Our client has been awarded numerous national and international awards for his piano performance; has made an original contribution in the musical field of piano performance; has participated in a judging panel in numerous prestigious national and international piano competition events; and his distinguished achievements and success in piano performance were published in professional and major media.

Our office prepared a 19-page brief for our client’s EB-11 filing. Our client also obtained 8 letters of recommendation from internationally well-known piano professors and players. Our office also included his performance coverage, awards, media coverage, medals, recital records, and other materials to show that he is an alien of extraordinary ability in piano performance. His EB-11 I-140 application contained 55 exhibits.

Our office filed his I-140 (EB-11) petition to the USCIS Nebraska Service Center via regular processing on October 31, 2014.

However, on April 13, 2015, the USCIS issued a Request for Evidence (RFE). In the RFE, the USCIS claimed that our client only met 2 of the 10 requisite statutory categories of EB-11. In the response brief, our office demonstrated that our client indeed met more categories and provided more letters of recommendations, media coverage documents, recent performance records, and leadership positions.  Our office filed the response to RFE on June 19, 2015.  Eventually, on July 7, 2015, the USCIS Nebraska Service Center approved his I-140 self-petition.

Once his I-140 was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on August 6, 2015. Everything went smoothly and the receipt notices and fingerprint appointment came on time. However, on October 9, 2015, the USCIS Nebraska Service Center issued a Request for Evidence (RFE) for his adjustment of status application. In the RFE, the USCIS claimed that our client did not comply immigration law while he was in OPT status. They also claimed he worked illegally while volunteering to provide piano lessons in Church. In response, we argued that his volunteer work was part of Church activities. He was not compensated for it, and it’s volunteer and charitable work that does not displace American workers.

 Eventually, on December 8, 2015, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

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