CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nepalese

LOCATION: Akron, OH 

Our client is from Nepal who came to the U.S. on a B-2 visitor’s visa in October 2014. Since then, he has remained in the United States.  In March 2021, our client married his current U.S. citizen wife.  He retained our office on June 24, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 7, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients at our office via conference calls. On December 7, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. On December 10, 2021, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino

LOCATION: Buena Park, CA

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in December 2020. Since then, he has remained in the United States. He has a U.S. Citizen spouse. He visited her in December 2020; however, due to COVID-19 situations, he decided to remain in the U.S and apply for permanent residency. He retained our office on February 12, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 4, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On December 9, 2021, our client was interviewed at the Santa Ana, CA USCIS office.  Eventually, on the same day of the interview, his green card application was approved.

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Seoul, South Korea

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher in South Korea and he is an exceptional researcher and scientist in the field of data science research. 

Throughout his career, our client’s research showed that decision science can help find optimal policy alternatives for politics, international affairs and technology management. His approach, describing government arms deals as an optimal decision-making process between technology-economics-industry perspectives and political-military perspectives, can directly help us understand the arms deal policymaking process among multiple countries. Because of his innovative research, our client’s research works were highly evaluated by the reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id. 

Our office prepared a 24-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. 

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on April 9, 2021. Eventually, on December 2, 2021, the USCIS approved his I-140 petition without any Requests for Evidence.  He can file his immigrant visa via consular processing.

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CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A 

APPLICANT: Korean Registered Nurse 

LOCATION: Buena Park, CA

Our client is a Korean registered nurse who currently works under her OPT. Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

Since she is a registered nurse, she is eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.

Our client has a nursing degree and has California Registered Nursing License. Our firm told her that her current employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on January 29, 2021 and we started on her Prevailing Wage Request.

We filed the I-140 application on June 29, 2021 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  Without any Request for Evidence (RFE), on July 13, 2021, the I-140 was approved. 

Once her I-140 petition was approved, she retained our office again for adjustment of status application. On August 10, 2021, 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 December 1, 2021, her green card application was approved without any RFE. Her adjustment of status application was approved less than 4 months from the filing date.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Cleveland, OH

Our client contacted us in September 2021 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in February 2018 through her marriage to a US citizen spouse. 

We filed her N-400 application on October 12, 2021, with all supporting documents. On November 19, 2021, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Prior to her N-400 interview, the USCIS officer also did the interview for her pending I-751 application as well. This I-751 application was approved on November 30, 2021. On December 2, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Russian

LOCATION: Strongsville, OH

Our client contacted us in March 2021 to seek legal representation for her naturalization application. She came to the United States from Russia and obtained her green card in April 2018 through her marriage to a US citizen spouse. 

We filed her N-400 application on April 1, 2021. On November 22, 2021, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, on December 2, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-751

APPLICANT: Algerian

LOCATION: Kill Devil Hills, NC

Our client contacted our office in February 2020 regarding his I-751 application.

He is from Algeria and he married a U.S. citizen in August 2016. Through his marriage, he obtained a 2-year conditional green card in March of 2018.  His conditional residency terminated in March 2020.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on February 10, 2020, and our office prepared the I-751 application for our client.

On March 5, 2020, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

On December 1, 2021, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE) and our client received his 10-year green card which removed the conditions.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Filipina

LOCATION: Fulshear, TX

Our client came to the United States in May 2020 as a K-1 visa entrant from the Philippines.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States. She married in July 2020. 

Our client contacted our office initially and consulted with us for her adjustment of status application. She retained our office on August 11, 2020.  After retention, our firm prepared and filed the I-485 Adjustment of Status Application on August 25, 2020.  Things went smoothly and the receipt notices and fingerprint appointment all came on time.  

USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients via conference calls. On December 3, 2021, our client was interviewed at the Houston, Texas USCIS office. On the same day of the interview, her green card application was approved.

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CASE: I-751

APPLICANT: Saudi Arabian

LOCATION: Westlake, OH

Our client contacted our office in September of 2020 regarding his I-751 application.

He is from Saudi Arabia and married a U.S. citizen. Through his marriage, he obtained a 2-year conditional green card in December 2018. Thus, his conditional residency terminated in December 2020. 

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office, and our office prepared an I-751 application for our client.

On September 29, 2020, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, joint tax documents, birth certificate of their two daughters, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

The USCIS issued a Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with his wife. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on June 29, 2021.   

In November 2021, the USCIS scheduled an interview for our client and his wife. On December 3, 2021, our client and his wife were requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared them thoroughly via conference calls and also accompanied them at the interview as well. The interview went well, and as a result, on December 3, 2021, the USCIS approved our client’s I-751 application.

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CASE: I-130 / I-485 (Marriage-Based Adjustment)

NATIONALITY: Philippines

LOCATION: Raymore, MO

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement. 

In April 2019, she got married to her U.S. citizen husband and later consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On April 18, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On November 26, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement. On March 9, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 30, 2020, the USCIS issued an I-612 approval notice for the waiver. 

Our client retained our office again for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 26, 2020.  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 at our office via conference calls. On November 23, 2021, our client was interviewed at the Kansas City, MO USCIS office. Eventually, on November 24, 2021, her green card application was approved.

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