CASE: I-485 Approval
CLIENT: Indonesian
LOCATION: Cleveland, Ohio

Our client came to the U.S. on a valid B-2 visa from Indonesia in March 2003. Our client had a final order of removal after his asylum case was denied at the Cleveland Immigration Court and then by the BIA.

In December 2011, our client married his U.S. Citizen wife and through our office, filed an I-130 petition on January 3, 2012. Unfortunately, our client was picked up by Immigration and Customs Enforcement due to his final order. So after we obtained the I-130 receipt notice, even before the I-130 was approved, we filed a Motion to Reopen on January 10, 2012, within the 90-day deadline for filing Motions to Reopen with the BIA.

Eventually, the BIA granted our client’s Motion to Reopen on February 8, 2012, and remanded it to the Immigration Judge to allow our client to apply for adjustment of status (green card). Our client got out of jail.

Our client’s I-130 interview was scheduled on July 23, 2012 at Cleveland USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his wife for the interview. Attorney Sarmiento also accompanied them for their interview. The I-130 petition was eventually approved the next day.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with a copy of the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings at our client’s Master Calendar hearing on November 7, 2012. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice.

Once his case was terminated by the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on November 27, 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 conference all.

On February 7, 2013, our client was interviewed at the Cleveland CIS office. Our client was fully prepared and the interview went well.  On the same day, his green card application was approved.

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CASE: I-485 approval under the INA 245(i) provision
CLIENT: Indian
LOCATION: Kentucky

Our client is from India who came to the U.S. on a B-2 visitor’s visa in September 2002. Since that time, she never left the United States.

In December 1986, our client’s uncle filed an I-130 (fourth preference) petition for her father.  This I-130 petition was approved.  At the time the I-130 Petition was approved, our client was a minor and was a derivative beneficiary. Our client was not able to immigrate on that petition though because she aged out.

Later, our client’s father filed an I-130 petition on her behalf on January 9, 2006.  This Petition was approved in the same year.

Our client contacted us around September of 2010 for consultation and sought legal assistance for her possible adjustment of status application. Attorney Sarmiento met them in the Washington DC area.

After consultation, we determined that she was eligible for adjustment of status under INA 245(i). Our client retained us in October 2010.

Section 245(i) of the INA allows certain foreign nationals to become permanent residents of the United States despite entering without inspection (EWI) or overstaying (if beneficiary of petitions filed not by those other than an immediate relative).

Immigrants are barred from adjusting their status if they entered the United States without first being inspected and admitted by a Customs and Border Patrol officer and if they have either failed to maintain lawful status or been unlawfully employed in the country, with certain exceptions. Section 245(i) was first added to law in 1994 to allow certain people who otherwise would not be eligible to adjust status to be able to do so upon payment of a $1,000 fine.

Four years later, on January 14, 1998, Congress phased Section 245(i) out of law. Immigrants and their families who had already begun the process of changing their status under Section 245(i) by January 14, 1998 were grandfathered into the section’s benefits.

On December 21, 2000, Congress extended the qualifying date for Section 245(i) benefits to April 30, 2001. This law allowed immigrants who had labor certifications or visa petitions filed on their behalf between 1998 and April 30, 2001, to qualify for adjustment of status. Those who were beneficiaries of petitions filed prior to January 14, 1998 could still adjust despite an EWI record, and those people do not have to meet the December 2000 physical presence requirement.

Our client was the beneficiary of a petition before January 14, 1998 (as a derivative beneficiary of the F-4 petition filed by her uncle to her father on December 29, 1986), and thus was eligible to adjust under INA Section 245(i) despite her overstay, without any need to show physical presence in the United States in December 14, 2000.

Once retained, our office prepared and filed her adjustment of status application under the 245(i) provision. Everything went smoothly and the receipt notices and fingerprint appointment all came on time.  We thoroughly prepared our client prior to her interview as well.

On February 1, 2011, our client was interviewed at the Louisville, Kentucky USCIS Field Office.

Due to the complexity of the case, we made sure the officer was clear about our client’s 245i eligibility. The interview went well; however, the priority date retrogressed before her adjustment of status applicant was approved.

Finally, priority dates opened again. On February 4, 2013 our client’s I-485 application was approved.  She finally became a green card holder.

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CASE: H-1B Extension

PETITIONER: Electric Immersion Heater Manufacturer

BENEFICIARY: Indian Procurement Engineer

LOCATION: Cleveland, OH

Our client is a procurement engineer from India who currently works at an electric immersion heating manufacturing company in the greater Cleveland area. He is currently on a valid H-1B visa.

As our previous success stories show, he got his H-1B visa and I-140 petition through our legal assistance. His H-1B status was about to expire when his I-140 petition was approved. He retained our office in late September 2012 again, and sought legal assistance from us for his H-1B 3-year extension.

Ou office prepared his H-1B extension application. The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on November 13, 2012 to the USCIS California Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on January 30, 2013. The H-1B is good from February 14, 2013 to February 13, 2016.

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CASE: H-1B Extension

PETITIONER: Molded Component Manufacturer

BENEFICIARY: British Liquid Injection Molding (LIM) Process Engineering Manager

LOCATION: Cleveland, OH

Our client is a Liquid Injection Molding (LIM) process engineering manager from the United Kingdom who currently works at a molded component manufacturing company in the greater Cleveland area on a valid H-1B visa. As our previous success stories show, he got his EB-2 I-140 petition through our legal assistance. His H-1B status was about to expire when his I-140 petition was approved. He retained our office in early November 2012 again, and sought legal assistance from us for his H-1B 3-year extension.

Once we were retained, our office prepared his H-1B extension application. The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on November 29, 2012 to the USCIS California Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on January 28, 2013. The H-1B is good from December 1, 2012 to November 30, 2015.

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CASE: I-140 (EB-2) / I-485
Applicant: Korean
LOCATION: Akron, Ohio

Our client is a prominent Taekwondo master who is working as a Taekwondo coach. He had a Taekwondo school willing to do a second-preference petition (I-140) for him. Our client has a Bachelors and Masters degree in a related field and has more than 5 years of coaching experience. Although he had maintained his status as an O-1 visa holder in the United States, his previous green card application (Based on the EB-11 category) was denied two years ago.

After talking to our client, our firm decided that his potential employer can petition him as a Taekwondo Head Coach. Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for the EB-2 classification. Our client eventually retained us for his PERM labor certification in March, 2011.

As we stated in previous success stories, his PERM Labor Certification was approved on October 25, 2011. After the PERM approval, our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing. One of the main requirements for the I-140 is that the petitioning company must show that it has the ability to pay the proffered wage for the beneficiary’s position. The adjusted gross income was not enough, thus, we attached the tax return schedule that showed the net current assets of the Petitioner, which was over the minimum requirement. We included the job offer letter, employment verification letters from our client’s previous employers, and other necessary supporting documents. The I-140 Petition was filed on December 5, 2011 via premium processing. On December 15, 2011, in only ten days, the I-140 EB2 for our Korean client was approved.

Once his I-140 was approved, our office filed his I-485 adjustment of status application along with supporting documents on January 30, 2012. His wife’s I-485 was filed simultaneously as a derivative applicant of our client’s adjustment of status application. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

However, in May 2012, the USCIS Nebraska Service Center issued Request for Evidence (RFE) for our client and his wife’s I-485 applications.  In the RFE letter, the USCIS wanted them to submit a copy of their marriage certificate.

They participated in a marriage ceremony in Connecticut in 2004, but they did not record their marriage in Connecticut.  Rather, they only recorded their marriage at a local South Korean Government office.  Nevertheless, they have been “married” under Korean law since 2004, and our client’s wife applied for O-3 visas since our client got his O-1 status, with all these relevant facts on hand, and our client’s wife has been granted O-3 extensions too.

In our Response to the RFE, our office argued that their marriage is valid and should be recognized.  This case was transferred to the local USCIS office in Cleveland, Ohio and they appeared at the interview for the adjustment of status interview with Attorney Sung Hee (Glen) Yu from our office on September 4, 2012.

The interview went well, however, the USCIS office denied our client’s wife’s adjustment of status application on September 28, 2012 based on the fact that our client and his wife failed to establish that she married him in a marriage ceremony that was legal in the place where it was conducted.  As a result, the USCIS denial decision stated that she has failed to establish that her marriage to our client is valid for “U.S. immigration purposes.”

Once our client’s wife’s adjustment application was denied, we immediately withdrew our client’s adjustment application as well.  The primary reason for withdrawal was the fact that if his adjustment application is approved, then his wife cannot adjust her status as a derivative applicant. Then, our client would needs to file the I-130 petition for his wife which will delay her adjustment of status for three years.

Since the USCIS decided that our client’s marriage to his wife is not valid for U.S. immigration purposes (due to the immigration requirement that they both be present for the marriage to be valid, even though in South Korea this was not a requirement), our client and his wife had another ceremony and registered their marriage in Ohio to make it valid for “U.S. Immigration Purposes.” They had their marriage ceremony and it was registered in the state of Ohio in October 2012.

With this marriage certificate, our office re-filed our client and his wife’s I-485 adjustment of status application on November 1, 2012. On top of their I-485 applications, our office included an extensive brief in support to explain the nature of this case and its complicated procedural history. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Eventually, on January 28, 2013, our client and his wife’s I-485 applications were approved by the USCIS Nebraska Service Center.  There were no more RFEs and no interviews. Our client came to the United States in 2002 and has remained in the United States with O-1 visa/extensions. He had a previous I-140 denial under the EB-11 category, and had to withdraw his I-485 application due to the aforementioned marriage issue.  Nevertheless, he and his wife are now finally permanent residents.

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CASE: I-485 Approval
CLIENT: Ghanaian
LOCATION: Phoenix, AZ

Our client is a Ghanaian citizen who came to the U.S. on a B-2 Visitor Visa in February 2004. As our previous success story explained, our client had a final order of removal in absentia, but his case was reopened after our office’s successful Motion to Reopen in April 2012.

Our client and his wife married in August 2007 and they have two U.S. citizen children now.

Our office immediately filed an I-130 Petition with bona fide marriage evidence on March 12, 2012. The I-130 petition was approved on August 20, 2012 without an interview. Our client appeared at the Phoenix Immigration Court on August 21, 2012 for his initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did pleadings and sought adjustment of status relief.

After the I-130 was approved, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Phoenix Immigration Court. The DHS counsel in Phoenix did not oppose the Motion to Terminate Removal Proceedings. Ultimately, the Immigration Judge granted the Motion to Terminate Removal Proceedings without prejudice on October 15, 2012.

After his case was terminated by the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on November 24, 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 conference all.

On January 28, 2013, our client was interviewed at the Phoenix CIS office. Our client was fully prepared at the interview went well.  On the same day, his green card application was approved.

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CASE: Asylee Adjustment of Status
CLIENT: Saudi Arabian
LOCATION: Dallas, Texas

Our client came to the United States from Saudi Arabia with an F-1 visa and through our representation, he was granted asylum on September 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 October 2012, one year after he got his asylee status in the United States, our client contacted our office again and sought legal assistance for his adjustment of status.

We prepared and filed his I-485 Adjustment of Status Application on October 23, 2012. Everything went smoothly and the receipt notice and fingerprint appointment all came on time. On January 23, 2013, the USCIS approved our client’s Adjustment of Status application. He is now a permanent resident of the United States.

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CASE: N-336 (Citizenship / Naturalization / Request for a Hearing on a Decision in Naturalization Proceedings)
APPLICANT: Indian
LOCATION: Ohio

Our client filed an N-400 application in June 2012 to the USCIS. He came to the United States from India and obtained his green card in 2001.  However, on September 28, 2012, the USCIS denied his naturalization application due to insufficient submission of his criminal records in the past.

The USCIS informed him that if he believes that he can overcome the grounds for the denial, he can submit a request for a hearing on Form N-336 within 30 calendar days of the issuance of the denial decision.  He retained our office and sought for legal assistance of his N-336 application.

The N-336 application was filed on October 23, 2012 with all supporting documents including all of his previous certified criminal records. Our office prepared him before his N-336 interview, and also accompanied him on December 17, 2012 at the Cleveland CIS office. Our client explained about his previous criminal cases and submitted all of the requested documents. On January 16, 2013, his N-336 application was approved. His oath taking will be scheduled in February in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Indian
LOCATION: Houston, Texas

Our client came to the United States in 2007 with an F-1 student visa from India to pursue his master’s degree in the United States.  He married a U.S. Citizen in July 2012 and retained our office on October 1, 2012 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 17, 2012.  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 January 15, 2013, our client was interviewed at the Houston, Texas USCIS.  Our attorney Sung Hee (Glen) Yu accompanied our clients as well. On the same day, his green card application was approved.

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

Our office was contacted in December 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 January 11, 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 $6000.

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