Case: I-130/I-485

Applicant/Beneficiary – Japanese

Location: Cleveland, Ohio

Our client entered the United States in April 2015 from Japan under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) for a couple of months. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.

Later, in June 2015, our client and her U.S. citizen boyfriend married in the United States. Her husband contacted our office, and they retained us on June 26, 2015.

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 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 July 6, 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 at our office. On September 18, 2015, our client was interviewed at the Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Despite the visa waiver issue, on the same day of the interview, the USCIS approved her green card application.  Now, our client is a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Peruvian

LOCATION: Dallas, TX

Our client came to the United States in July 2009 with a B-2 Visitor’s visa from Peru. Later, she married a U.S. Citizen in June 2014 and retained our office for her petition and adjustment of status application.

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

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 22, 2014. 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 through conference calls. On September 15, 2015, our clients were interviewed at the Dallas (Irving), Texas USCIS office. On the same day, our client and her son’s green card applications were approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Guatemalan

LOCATION: Cleveland, OH

Our client came to the United States from Guatemala on a B-2 Visitor’s visa in September 2003. She has remained in the United State since then.  She married a U.S. Citizen in December 2006 and has maintained her marital relationship with her husband.  She contacted our office in May of this year and sought legal assistance for her green card application. Eventually, she retained our office on May 18, 2015 for her green card application.  Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 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 as well. On September 11, 2015, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients as well.  The interview went well, and on September 11, 2015, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Nigerian

LOCATION: New York

Our client contacted us in March 2015 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Nigeria and obtained his green card in April 2002. He retained our office on April 3, 2015.

The N-400 application was filed on April 16, 2015 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls. On August 19, 2015, our client appeared at the Holtsville, NY 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 September 10, 2015. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Green Card / J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Russian

LOCATION: Virginia

Our client is a citizen of Russia who initially came to the U.S. on a J-2 Visa in February 1995. He came with his ex-wife who held a J-1 Visa as a visiting researcher. Both were subject to the two-year foreign residency requirement. Later, both of them started to work at International Governmental Organizations in the United States under G-4 visas. However, they were still subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and he eventually got divorced from his ex-wife. He remained in the United States and has continuously worked for his employer under the G-4 visa.

In September 2011, our client married his U.S. citizen wife. She wanted to file an I-130 petition for him, but he could not file for adjustment of status application because of the two-year foreign residency requirement.

He contacted our office, and our firm was retained to do his J-2 waiver on February 12, 2014.

On February 19, 2014 the J-2 Waiver 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.

On March 17, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On April 1, 2014, the USCIS issued the I-612 waiver approval.

After he obtained the waiver of his 2 year foreign residency requirement, he retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 30, 2014. 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 May 5, 2015, our client was interviewed at the Fairfax, Virginia USCIS office. Eventually, on September 8, 2015, his green card was approved.

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CASE: Marriage-Based Green Card

CLIENT: Nigerian

LOCATION: New York

Our client came to the United States from Nigeria on an F-1 student visa in December 2009. She married a U.S. Citizen in May 2014 and retained our office on July 25, 2014 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 7, 2014.  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 March 19, 2015, our client was interviewed at the Holtsville, New York USCIS office. Eventually, on September 3, 2015, her green card application was approved.

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CASE:  I-485 Adjustment of Status with step-father’s I-130 petition

CLIENT: Korean

LOCATION: Houston, TX

Our client is from South Korea who came to the U.S. in 1999 with a B-2 visitor’s visa when he was a young child. Since that time, he never left the United States.

In 2011, our client’s mother married our client’s step-father (U.S. citizen) and later she got her green card through the marriage. However, our client was not properly advised by his previous immigration counsel and thought that he was not eligible for adjustment. He was eligible to file an adjustment of status along with his step-father’s I-130 petition for him since his mother and his step-father’s marriage occurred prior to our client’s 18^th birthday and he was under 21 years old when he contacted our office.

Our client contacted us around April of 2014 for consultation and sought legal assistance for his DACA case initially. After consultation, we determined that he is eligible for adjustment of status along with his step-father’s I-130 petition. Our client retained us on May 6, 2014.

Once retained, our office filed the I-130 petition and I-485 his adjustment of status application, together with other supporting documents. Everything went smoothly and the receipt notices and fingerprint appointment all came on time.  We thoroughly prepared our client prior to his green card interview.  On September 3, 2015, our client was interviewed at the Houston USCIS office. Attorney Sung Hee (Glen) Yu accompanied him at the interview as well. Due to the complexity of the case, we made sure the officer was clear about our client’s eligibility. On the same day, our client’s I-485 application was approved.  He finally became a green card holder.

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CASE: H-1B Visa Extension

PETITIONER:  Korean Church in Virginia

BENEFICIARY: Korean Pastor

Our client is a Korean church in Virginia, serving the Korean community at a campus town. They contacted our office in late July of 2015 to seek legal assistance for its foreign beneficiary’s H-1B extension.

The beneficiary is Korean and obtained his Master of Divinity Degree in South Korea.  The proffered position for the Beneficiary was for a Pastor which we argued qualified as a specialty occupation. We argued that the minimum requirement for this position is a Master of Divinity Degree or its equivalent. He has been working for the Petitioner on a valid H-1B visa.

Once retained, our firm prepared and eventually filed the H-1B visa petition with various supporting documents on August 21, 2015 via premium processing. Eventually, without any RFE, our client’s H-1B extension was approved on September 2, 2015. Now, the Beneficiary can continue to work for the Petitioner on an H-1B status until September 20, 2018 (until his duration of H-1B status reaches the 6th year mark).

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CASE: H-1B Visa Petition

PETITIONER:  Metal Supply / Manufacturer

BENEFICIARY: Chinese Operations Development Associate in Cleveland, OH

Our client is a Metal Supplier / Manufacturer located in Cleveland, Ohio.  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 her Master of Business Administration in the United States.  The proffered position for the Beneficiary is an Operations Development Associate which we argued 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, 2015 via regular processing service. This H-1B petition was selected in the lottery. Our client’s H-1B application was approved on August 31, 2015.

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CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY: Kenyan

LOCATION: New Jersey

Our client is from Kenya who came to the U.S. on a J-1 Visa in June 2013 to work as a camp counselor.  After she finished her J-1 program, she remained in the United States. In May 2015, our client married her current LPR husband. (Her husband will become a naturalized U.S. citizen soon). However, she will not be able to adjust her status unless she gets a waiver of the 2-year foreign residency program.  When she came to the United States in 2013, her program made her subject to the 2-year foreign residency program.

Our firm filed a waiver request through a No Objection Statement (NOS) from the Kenyan Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regards to the J-1 No Objection Statement waiver.  Our office contacted the Kenyan Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver, a clearance letter from the J-1 program sponsor, Clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining J-1 waiver.

On June 4, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Kenyan Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on her marriage to her spouse.

Eventually, the Kenyan Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On July 16, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On August 28, 2015, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. Now, our client can file an I-485 adjustment of status application along with her husband’s I-130 petition once her husband becomes a naturalized U.S. citizen.

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