CASE: I-140 Premium Processing

 EMPLOYER: Software Distributor

 BENEFICIARY: Nepali Computer Systems Analyst

 LOCATION: Omaha, Nebraska

Our client is a computer systems analyst from Nepal, who is currently working at 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, professional and working background as an engineer and management analyst, our office determined that he is clearly eligible for the 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.  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 the 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 service.  Within a week of the filing, on May 16, 2013, the I-140 EB2 Petition for our Nepali client was approved.  He can now file an I-485 adjustment of status application for his green card (he could’ve filed the I-485 simultaneously, but he wanted to make sure the I-140 was approved first before he pays the $1070 filing fee).

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CASE: I-751

APPLICANT: Kenyan

LOCATION: Atlanta, Georgia

Our client contacted our office in early April of this year regarding her I-751 interview. She is from Kenya and married a U.S. citizen in June 2008. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in November of 2009.

Prior to the expiration of her conditional residency in November 2011, she and her husband jointly filed an I-751 application to remove the condition on her residency. Without the assistance of legal counsel, they filed an I-751 application to the USCIS in October 2011.  They filed the application with some supporting documents, but the USCIS issued a Request for Evidence (RFE) sometime in 2012, and they submitted more supporting documentary evidence to the USCIS. She and her husband have maintained their marital relationship for the last 5 years without any issues. Nevertheless, the USCIS Atlanta Field Office issued an interview for our client’s I-751 application.

She was nervous and did not know what would happen at her I-751 interview.  She contacted our office in early April of this year, and retained our office to prepare and accompany them for their I-751 interview in Atlanta, Georgia.

After our office was retained, we thoroughly prepared our clients through conference calls.  We explained to them the nature of the interview, what to expect at the interview, and we also asked them to remember specific details of their marriage especially after November 2009.

On April 25, 2013, our client was interviewed at the Atlanta, GA USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied them at this interview. The interview went well and our clients were fully prepared.  On May 8, 2013, the USCIS approved our client’s I-751 application. Now, she has her ten-year green card.

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CASE: I-140

 EMPLOYER: Hospital

 BENEFICIARY: Filipino

 LOCATION: Erie, PA

Our client is a family physician from the Philippines, who is currently working at a hospital which was willing to do a second-preference petition (I-140) for him. He has a M.D. degree and is a licensed physician in the state of Pennsylvania. 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 Family Medicine Physician. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.

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 the PERM 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.  After we obtained the foreign degree evaluation report, our office filed the job order on November 16, 2011.  On May 10, 2012, we filed PERM.  Eventually, on July 17, 2012, a little after two months from filing, the PERM Labor Certification was approved – an EB2 position for the Filipino beneficiary.

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, state physician license, our client’s M.D. degree, and other necessary supporting documents.

The I-140 Petition was filed on September 11, 2012 via regular processing.  On May 3, 2013, the I-140 EB2 Petition for our Filipino client was approved.

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CASE: Bond Redetermination Hearing
APPLICANT: Chinese
LOCATION: Florence Immigration Court AZ

Our office was contacted in April of 2012 regarding one Chinese person who was detained in Florence, Arizona. He tried to enter the United States without valid documents and was incarcerated by immigration officers.

Prior to retention, the Immigration and Customs Enforcement set a bond amount of $15,000.  Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence Immigration Court in Arizona.  Our office communicated with him and his U.S. resident relative in New York, and gathered as much information regarding his relief, equities, criminal record, family ties, and financial ability to post bond.  We also gathered supporting documents from our client’s relatives, from proof of their status and residence, to bank statements and tax returns.

On May 7, 2013, we represented our client at his Florence Arizona Immigration Court bond re-determination hearing.  During the bond re-determination hearing, we explained to the Court that our client already passed his credible fear interview, was not a flight risk, had established his residence upon release, had established his financial ability to post bond, and that he had ample family ties in the United States who submitted proof of his residence and immigration status.  Moreover, our office explained that his lack of criminal record, designated address with contact information from his relative in the United States, ability to post bond, and eligibility for asylum relief clearly demonstrate that the bond should be reduced.  At the end of the hearing, the Immigration Judge took our arguments into account and reduced the bond amount to only $7500.

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CASE:  I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Liberian

LOCATION: Cleveland, Ohio

Our Liberian client came to the U.S. on a B-2 Visitor’s Visa in October 1996. He remained in the United States after his authorized stay expired. He was a minor at that time.

Because of his overstay, he was placed in removal proceedings in Cleveland, Ohio.

His hearing was coming up when he retained us in January 10, 2011. He just got married to his spouse a few days earlier. We prepared and filed the I-130 petition on his behalf on January 14, 2011.

Attorney Sung Hee (Glen) Yu from our office represented our client at his hearings and sought adjustment of status relief. The I-130 interview was scheduled on August 12, 2011 and our attorney prepared them for the interview and accompanied them as well. The I-130 petition was eventually approved by the USCIS on December 28, 2011.

After the I-130 petition was approved, we filed a Request to Join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to Terminate without prejudice on July 18, 2012.

After removal proceedings were terminated, our office prepared and filed an I-485 Adjustment of Status Application on October 13, 2012, together with other necessary forms and supporting documents. 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 over the phone.

On April 23, 2013, our client was interviewed at the Cleveland CIS office. Our attorney accompanied them as well. Our client was fully prepared and the interview went well.  On May 2, 2013, his green card application was approved.

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CASE: I-129F Fiancé Petition and Fiancé Visa

PETITIONER: US Citizen in Cleveland, OH

BENEFICIARY: Ukrainian

PETITION FILED: August 2, 2012

PETITION APPROVED: April 22, 2013

Our client, a US Citizen Petitioner, met her Ukrainian fiancé in Ukraine in 2010 and 2011. A few months after he came back to the States, he retained our firm to file a fiancé petition for her.

After consultation, we told him that the petition process may not be easy since they have a 30-year age gap, and due to his previous history of filing fiancé petitions.

So we thoroughly informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on June 18, 2012.

We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on August 2, 2012.

Despite the age gap, and the previous fiancé petitions, there were no requests for evidence, and eventually, on April 22, 2013, the I-129F fiancé petition was approved.

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CASE: I-765 Employment Authorization Post Admin Closure

CLIENT: Guatemalan

LOCATION: Cleveland, OH

Our client came to the United States from Guatemala in January 2000.  He entered the United States without valid inspection and admission. He has remained in the United States since then.

Years later, he married his U.S. citizen wife. He was placed in removal proceedings in 2012, and he hired our office to represent him.

At his master calendar hearing, our attorney took pleadings, sought relief under Cancellation of Removal, and filed his application. Our client also filed an I-765 work permit application to the USCIS. This I-765 was approved in March 2012.

Prior to his individual hearing in November 2012, upon request from our office and the Department of Homeland Security, and upon agreement of the Immigration Judge, his removal proceedings were administratively closed.

In February 2013, our client contacted our office again to renew his work permit.

Our office prepared and filed his I-765 work permit application on February 13, 2013.

Our office included a brief with the application because our client’s case was administratively closed; thus, granting a work permit is not automatic, but discretionary.

We cited a DHS memorandum on the issue, quoting their policy in that “Per longstanding federal law, individuals affected by an exercise of prosecutorial discretion will be able to request work authorization, including paying associated fees, and their requests will be separately considered by the USCIS on a case-by-case basis.”

Our office emphasized the equities of our client, how he has worked hard and paid taxes, his lack of any criminal record, and his marriage to a US Citizen.  His case was administrative closed due to several “positive” factors of his case.

Not every work permit application post-administrative closure is approved, but for our client, fortunately it was. The USCIS approved our client’s I-765 work permit renewal request on March 28, 2013. Despite the administrative closure, our client is authorized to work in the United States until March 20, 2014.

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CASE: Derivative Asylee Adjustment of Status

CLIENT: Malaysian

LOCATION: Virginia

Our client and her family members came to the United States from China with a B-2 visa and through our representation, her husband was granted asylum on February 2011 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 February 2012, one year after she and her husband got their asylee status in the United States, our client contacted our office again and sought legal assistance for her and her family members’ adjustment of status.

We prepared and filed her I-485 Adjustment of Status Application on March 7, 2012. Everything went smoothly and the receipt notice and fingerprint appointment all came on time. On March 4, 2013, the USCIS approved our client’s husband’s Adjustment of Status application. On April 15, 2013, her Adjustment of Status application was approved by the USCIS as well.  She is now permanent resident of the United States.

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CASE: PERM Labor Certification

EMPLOYER: Software Distributor

BENEFICIARY: Nepali Computer Systems Analyst

LOCATION: Omaha, NE

Our client is a computer systems analyst from Nepal, who is currently working at 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, professional and working background as an engineer and management analyst, our office determined that he is clearly eligible for the 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.

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 the Nepali Computer Systems Analyst. Now our client can file the I-140 Petition and the I-485 green card application since his priority date is current.

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CASE: Marriage-Based Green Card

CLIENT: Korean

LOCATION: Philadelphia, PA

Our client came to the United States in April 2008 with an F-1 student visa from South Korea. He has remained in the United States and continues to pursue his degree in the U.S.

He married a U.S. Citizen in August 2012 and retained our office on November 22, 2012 for and I-130 petition and I-485 adjustment of status application.  

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on January 22, 2013.  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 through conference calls. On April 16, 2013, our client was interviewed at the Philadelphia, PA USCIS office.  Our client’s interview went well, and on the same day, his green card application was approved.

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