CASE: I-129F Fiancée Petition and Fiancée Visa

PETITIONER: US Citizen in Washington, D.C.

BENEFICIARY: Spanish

PETITION FILED: December 28, 2012

PETITION APPROVED: August 16, 2013

Our client, a US Citizen Petitioner, met his Spanish fiancée in Washington D.C. in July 2011. They started their relationship, and he went to Spain in April 2012 after his fiancée went back. He proposed when he visited his fiancée in April 2012. Months after his proposal, he retained our firm to file a fiancée petition for her.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on November 20, 2012. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on December 28, 2012.

On August 16, 2013, the I-129F fiancée petition was approved.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Indian
LOCATION: Ohio

Our client contacted us in April 2013 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 July 2010. He retained our office on April 25, 2013.

The N-400 application was filed on May 1, 2013 with all supporting documents. Glen Yu from our office prepared him for his naturalization interview, and also accompanied him on July 16, 2013 at the Cleveland CIS office. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on August 19, 2013. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: H-1B Visa Petition (Change of Employer)
PETITIONER:  Hotel-Chain Company
BENEFICIARY: Hotel General Manager

Our client is the fastest-growing extended hotel stay chain company in Ohio. They contacted our office in early April to seek legal assistance from our office for their foreign employee.  The beneficiary is from Pakistan and has extensive work history in the United States as a General Manager in one of the leading brand hotels for 15 years.

The issue was whether this position is a “specialty occupation”. We had to argue that the minimum requirement for this position is at least a Bachelor’s Degree in Business Administration / Hotel Management or equivalent.

The foreign beneficiary in this case already had his H-1B visa from his previous employer in a similar industry.  However, his H-1B visa was not expired yet, and he wanted to extend his H-1B status based on a change in employer.

After retention, our office filed the H-1B visa petition with various supporting documents on April 15, 2013 via regular processing.  Since this petition was based on a change in employer, this petition was exempted from the annual H-1B cap.

Eventually, without any request for evidence (RFE), our client’s H-1B Petition was approved on August 15, 2013.  Moreover, Beneficiary’s wife and minor son’s H-4 status was properly changed as well.

Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there until 2016.

{ 0 comments }

CASE: J-1 No Objection Statement Waiver
NATIONALITY: Indian
LOCATION: Austin, TX

Our Indian client came to the U.S. on a J-1 Visa in December 2006.  He came to the U.S. for business training, and his J-1 visa made him subject to the two-year foreign resident requirement.

After his J-1, he changed status to H-1B and maintained his status in the United States.

In April 2013, our client got engaged with his U.S. citizen fiancée and they planned to get married in October 2013. His fiancée eventually will file an I-130 petition for our client and our client will simultaneously file an I-485 adjustment of status application. But due to the two-year foreign residency requirement, he had to obtain a waiver first.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indian Embassy in the United States.  Our office made sure we knew all the requirements needed for their office to issue a no objection statement.

On June 3, 2013 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would be eligible to file a marriage based adjustment of status application but for the waiver.

The Indian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 6, 2013, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on August 13, 2013.  Now that our client’s two-year foreign residency requirement is waived, he can file an adjustment of status application with his wife’s I-130 petition once they get married.

{ 0 comments }

CASE: I-485 (Based on EB-2 I-140 Approval)

 CLIENT: Nepali Computer Systems Analyst

 LOCATION: Omaha, Nebraska

Our client is a computer systems analyst from Nepal, who is currently working for a software distributing company in Omaha, Nebraska. The company was willing to do an immigration petition for him, second-preference. Our client has a Master of Science degree in Computer Information Systems and has worked for this company since October 2011. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm concluded that his potential employer can petition him as a Computer Systems Analyst. Based on our client’s educational and professional background as an engineer and management analyst, our office determined that he is eligible for EB-2 classification.

Prior to filing the 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.  Within a week from our retention, the prevailing wage request was filed.  On December 17, 2012, we filed the PERM labor certification application.  Eventually, on April 17, 2013, exactly four months from filing, the PERM labor certification was approved – an EB2 position for a Nepali Computer Systems Analyst.

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 May 9, 2013 via premium processing.  Within a week of the filing, on May 16, 2013, the I-140 EB2 Petition was approved.

After the I-140 was approved, our client retained our office again for his I-485 adjustment of status application. On June 3, 2013, 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 August 16, 2013, only about two months later, the USCIS Nebraska Service Center approved our client’s I-485 application.  Our client now is a green card holder.

{ 0 comments }

CASE: Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Kenyan
LOCATION: Chicago, IL (EOIR) / Durham, NC (USCIS)

Our client is from Kenya who came to the U.S. on an F-1 Student Visa in August 2007. While in the United States, she failed to maintain her F-1 status due to family’s issues in Kenya. Because of her overstay, she was placed in removal proceedings in Chicago, IL.

Our client married her Lawful Permanent Resident (LPR) husband in September 2010 in Wisconsin. Soon after, they moved to the Raleigh, NC area.

Her husband filed an I-130 petition for her after they got married. Eventually, our client’s I-130 petition was approved in February 2012 after their I-130 interview at the USCIS Durham Field Office.  Glen Yu from our office accompanied them at the interview.

Her individual hearing was scheduled on August 13, 2013 at the Chicago Immigration Court as well.

In June 2013, our office filed a written request to administratively close our client’s removal proceedings to the DHS Chicago Office.  In a written brief, our office fully explained that our client’s case is not DHS’s priority for deportation and explained that our client has an I-130 approval, no criminal records, has paid taxes, and has family ties in the United States. Our office attached an I-485 application along with the brief, and its supporting documents as well.

After review, the DHS counsel in Chicago contacted our office and was willing to terminate our client’s removal proceedings. The DHS counsel filed a Joint Motion to Terminate on August 2, 2013 to the Chicago Immigration Court. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on August 12, 2013, a day before the Individual Hearing Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card when her husband naturalizes early next year.

{ 0 comments }

CASE: I-140 / National Interest Waiver
CLIENT: Korean
LOCATION: Raleigh, North Carolina

Our client contacted us in March 2012 regarding the possibility of doing a National Interest Waiver self-petition for him. He is a post-doctorate researcher and scientist in the field of Chemistry, and is currently working as a post-doctorate researcher in an academic institution in Raleigh, North Carolina.

His significant contributions have placed him at the pinnacle of the field of medicinal chemistry and organic chemistry. He is a leading scientist with an excellent reputation in the development of successful next generation cancer chemotherapeutics that are non-toxic under the action of magnetic waves which would eliminate many of the problematic toxicities that plaque current cancer chemotherapeutics. Also, our client is currently developing nano-medicine platform technologies which are useful in addressing such intractable problems such as cancer, in a fundamentally new way.

Upon review of his credentials and qualifications, our office determined that he was 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. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 17-page brief for our client’s NIW filing. Our client also obtained 8 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 32 exhibits.

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on July 31, 2012.  However, on June 5, 2013, the USCIS issued a Request for Evidence for his I-140 petition. In response to the RFE request, our office prepared a brief which included notes from scientists in the field regarding updates of his work and the importance of his past work in cancer research and worldwide healthcare in general.  We also emphasized our client’s past accomplishments and the benefits of his work. Our Response to RFE  was filed on June 27, 2013.  Eventually, on August 7, 2013, the USCIS Texas Service Center approved our client’s I-140 petition.

{ 0 comments }

CASE: I-140 / EB-11 (Alien of extraordinary ability)
CLIENT: Korean
LOCATION: Seoul, South Korea

Our client contacted us in September 2012, inquiring about the possibility of getting an immigrant visa through extremely difficult EB-11 category.

He is a world-renowned Taekwondo coach, currently working for one of the best Taekwondo teams in South Korea.  Our client was a two-time world champion as a Taekwondo athlete and one of his students won the gold medal at the 2008 Beijing Olympics. Also, he was the head coach for national Taekwondo teams in South Korea and Vietnam multiple times in his career.

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 the INA Section 203(b) states, in pertinent part, that:

(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. 723 101^st 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).

Regulations 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.

We determined that our client meets 5 of the 10 categories, which is more than 3 required as an alien of extraordinary ability.

Our client has made an original contribution to the sport of Taekwondo; has been awarded numerous national and international coaching awards and his student-players have won numerous national and international competitions including events in the Summer Olympics; has played a critical role for distinguished organizations; has a membership in an organization with distinguished reputation that requires outstanding achievement; and our client’s coaching success were published in professional and major media.

Our office prepared a 21-page brief for our client’s EB-11 filing. Our client also obtained 10 letters of recommendation among establishments sucn as the World Taekwondo Federation, Korea Taekwondo Association, former Olympic champions, Taekwondo head coaches from other national teams, etc.

Our office also included his coaching record, awards, media coverage, medals, athletic career records, and other materials to show that he is an alien of extraordinary ability in Taekwondo coaching. His EB-11 I-140 application contained 65 exhibits.

Our office filed his I-140 (EB-11) petition to the USCIS Nebraska Service Center via premium processing service on August 1, 2013. On August 7, 2013, within a week of the filing, the USCIS Nebraska Service Center approved his I-140 self-petition.

{ 0 comments }

CASE: I-129F Fiancé Petition and Fiancé Visa
PETITIONER: US Citizen in St. Louis, MO
BENEFICIARY: Filipino
PETITION FILED: November 8, 2012
PETITION APPROVED: June 3, 2013
VISA APPROVED: July 31, 2013

Our client, a US Citizen Petitioner, met her Filipino fiancé in the Philippines in 2008 and 2010. Her fiancé also visited our client in the United States in 2010 and 2012. When he visited our client in May 2012, he proposed to our client. Months after his proposal, our client retained retained our firm to file a fiancé petition for him.

After retention, we told our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on September 26, 2012. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on November 8, 2012.

There were no requests for evidence, and eventually, on June 3, 2013, the I-129F fiancé petition was approved. On July 31, 2013, the beneficiary appeared at the U.S. Embassy in Manila, Philippines for her fiancé visa interview.  The interview went well, and her fiancé (K-1) visa was approved on the same day. She will come to the United States and will marry to her fiancé within 90 days of her entry to the United States.

{ 0 comments }

Case: Immigrant Visa with With Request for Expedited Processing
Client: Syrian
Location: Petitioner: Toledo, OH / Beneficiary: Damascus, Syria

Our client is a U.S. citizen who married his wife in Damascus, Syria in December 2012. After their marriage in Syria, the U.S. citizen husband came back to the United States, and immediately filed an I-130 petition for his wife. He prepared and filed the I-130 himself on February 8, 2013.

The petition was pending when our client contacted our office in the middle of March. Due to the political unrest and violence going on in Syria, his wife’s residence was part of a huge area that was bombed. Multiple deaths transpired and houses got burned, fortunately our client’s wife was one of the few who survived. There were also shots fired by random militia, and it was very pertinent in Syria due to the country’s political turmoil.

Our client was desperate to see his wife and was worried for her safety. So, he wanted to bring her here as soon as he can. He retained our office on March 15, 2013 and we immediately worked on a detailed brief to request expedited processing of our client’s I-130 petition.

According to USCIS standards, all expedited requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expeditious request criteria have been met. The criteria are as follows:

• Severe financial loss to company or individual
• Extreme emergent situation
• Humanitarian situation
• Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
• USCIS error
• Compelling interest of USCIS

In this case, we argued that there was an extreme emergent situation, a humanitarian situation, and a compelling interest by USCIS.  We fully explained the nature of the attack, her situation after the attack, and submitted supporting documents such as pictures of her residence and area.  We sent this request to the USCIS on March 18, 2013.  Eventually, the I-130 was processed quickly and was approved on April 10, 2013.

After the I-130 was approved, we prepared the immigrant visa packet for our client’s wife and our client went to Amman, Jordan for his wife’s Immigrant Visa Interview.  The interview was held on July 17, 2013 at the U.S. Embassy in Amman, Jordan. They went to the interview together, and on the same day, the U.S. Embassy in Syria approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s wife came to the United States last week, and she will eventually get her green card in a mail.

{ 0 comments }