CASE: Marriage-Based Adjustment of Status

NATIONALITY: Hong Kong                                                                                      

LOCATION: Medina, OH 

Our client is from Hong Kong who came to the U.S. on a B-2 visitor’s visa in October 2020. In January 2021, our client married her U.S. citizen husband.  She retained our office on February 9, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 2, 2021.  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 October 19, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. On the same day of her interview, her green card application was approved.

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

EMPLOYER: Health Service Ambulatory Facility

BENEFICIARY: Filipina Registered Nurse

LOCATION: Saipan, Northern Mariana Islands

Our client is a Filipina Registered Nurse and her current employer-sponsor was willing to petition her for a third-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her is a registered nurse at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB3 (requiring at least a Bachelor’s degree).

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 having to file a Labor Certification with the Department of Labor. 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. 

Our client has a bachelor’s degree in nursing and has worked for the Petitioner as a registered nurse for several years.  She also has a registered nursing license in Northern Mariana Islands. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on April 13, 2020 via regular processing. We included a job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why the nurse manager position falls under a Schedule A and EB3 designation.

Eventually, on December 17, 2020, the USCIS Texas Service Center approved her EB-3 I-140 petition. 

Once her I-140 was approved, she retained our office again for her I-485 adjustment of status application. Our office filed the I-485 adjustment of status application on October 23, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on October 20, 2021, their green card application was approved without an interview.

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Filipino

LOCATION: Marion, OH

Our client came to the United States from the Philippines on a B-2 visitor’s visa in April 2017. Since then, he has remained in the United States. In September 2020, he married his U.S. Citizen same-sex spouse in Ohio.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law. 

They married in Ohio where same-sex marriage is recognized. Our client contacted our office and retained us on October 2, 2020 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application together with all necessary supporting documents on October 23, 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 via conference calls. On September 16, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, our client’s green card application was approved on October 13, 2021.

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CASE: I-130 (Petitions for Parent) and Adjustment of Status
CLIENT: Kenyan
LOCATION: Arlington, VA

Our client retained us to petition for his father who came to the U.S. from Kenya. Our client is US citizen by birth and his father came to the United States in 2003 as a G-4 visa holder. He contacted our office in January of 2021 and discussed with us a possible I-130 petition and I-485 Adjustment of Status application for his father. He retained our office on January 31, 2021. 

Our firm prepared and filed the I-130 Immigrant Visa Petition and I-485 Adjustment of Status Application on March 4, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On October 12, 2021, the USCIS approved our client’s father’s adjustment of status application.

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CASE: N-400 (Citizenship / Naturalization w/ Rebuttable Presumption and Continuity of Residence Issues)

APPLICANT: Indian

LOCATION: Highland Heights, OH

ISSUES: Rebuttable Presumption / Continuous Residence

Our client contacted us in August 2021 to seek legal representation for his naturalization application. He came to the United States from India and obtained his green card in May 2012. He was abroad for school from October 2016 to July 2017.

He retained our office for his naturalization application on August 10, 2021.

The main issue of his naturalization case was that one long, over six-month trip he had within last five years.

According to INA §316(b) and 8 C.F.R. §316.5.(c)(1)(i), an absence between 6 months and 1 year from the United States raises a rebuttable presumption that continuity of residence has been interrupted. That would be an issue in naturalization cases, where continuity of residence is essential. Applicants with this issue should rebut that presumption should they wish to apply.

Our client was out of the U.S. more than 180 days once.  During this trip, he was in India to finish his high school. Because of that he could not come back to the United States earlier.  

According to Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007), in cases where an applicant left the U.S. to study abroad after they became a permanent resident, the courts have ruled that such study does not result in abandonment of residency. Our office drafted an extensive brief which explained the nature of our client’s long trip abroad and argued that he is otherwise eligible for naturalization despite his long trip outside United States.

The brief and his N-400 application were filed on August 20, 2021 with all necessary supporting documents. Our office prepared him for his interview through conference call. Our client appeared at his naturalization interview on October 13, 2021 at the Cleveland Ohio USCIS Field Office.  Attorney JP Sarmiento also accompanied our client. Our client answered all questions correctly and passed his citizenship interview. His N-400 was approved on October 14, 2021. His oath taking is scheduled where he will become a U.S. Citizen.

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CASE: H-1B Visa Petition

PETITIONER: School District in New Town, ND

BENEFICIARY: Filipina Elementary School Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in September 2021 to seek legal assistance from our office for their foreign employee. The beneficiary is a Special Education Teacher from the Philippines who has been working for this employer for several years under a J-1 status. The beneficiary’s J-1 program is not subject to the 2 year foreign residency requirement.  

The proffered position for the Beneficiary is an Elementary School Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2022 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Once retained, our office filed the H-1B visa petition with various supporting documents on October 5, 2021 via premium processing. Our client’s H-1B application was approved on October 18, 2021 without any RFE.  She can now work for her employer for three years on an H-1B status.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Macedonian                                                                                         

LOCATION: Parma, OH 

Our Macedonian client came to the U.S. on a F-1 student visa. In January 2021, our client married her U.S. citizen husband.  She retained our office on January 29, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 5, 2021.  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 October 13, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. On the same day of her interview, her green card application was approved.

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CASE: H-1B Visa Petition

PETITIONER: School District in New Town, ND

BENEFICIARY: Filipina Elementary School Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in September 2021 to seek legal assistance from our office for their foreign employee. The beneficiary is a Special Education Teacher from the Philippines who has been working for this employer for several years under J-1 status. The beneficiary’s J-1 program is not subject to the 2 year foreign residency requirement.  

The proffered position for the Beneficiary is an Elementary School Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2022 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Once retained, our office filed the H-1B visa petition with various supporting documents on October 5, 2021 via premium processing. Eventually, our client’s H-1B application was approved on October 18, 2021 without any RFE.  She can now work for her employer for three years on an H-1B status.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Colombian                                                                                      

LOCATION: Parma, OH 

Our client is from Colombia who came to the U.S. on a F-1 student visa. In January 2021, our client married her U.S. citizen husband.  She retained our office on January 28, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 2, 2021.  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 October 14, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney JP Sarmiento accompanied our clients as well. On October 15, 2021, her green card application was approved.

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CASE: H-1B Visa Petition

PETITIONER: School District in Forrest City, AR

BENEFICIARY: Filipina High School Math Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in August 2021 to seek legal assistance from our office for their foreign employee. The beneficiary is a High School Math Teacher from the Philippines who has been working for this employer for the last several years under a J-1 status. Her J-1 visa was not subject to the 2 year foreign residency requirement. 

The proffered position for the Beneficiary is a High School Math Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2022 was already reached. However, we argued that our client is qualified for cap-exempt petitions since they are a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Once retained, our office filed the H-1B visa petition with various supporting documents on September 24, 2021 via premium processing. Eventually, our client’s H-1B application was approved on October 7, 2021 without any RFE.  She can now work for her employer for three years on an H-1B status.

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