CASE: Marriage-Based Adjustment of Status
CLIENT: Indian
LOCATION: Seattle, WA

Our client came to the United States in 2011 with an L-1 intra-transferee visa from India.  He is currently working as a lead engineer for his employer in Seattle, WA.  He married a U.S. Citizen wife in 2011 and retained our office on October 19, 2011 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 27, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time.  Prior to the interview, we thoroughly prepared our clients through conference calls.  On January 12, 2012, our client was interviewed at the Seattle, Washington USCIS.  The day after the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Ghanaian
LOCATION: Cleveland, OH

Our client came to the United States in March 2009 with a J-1 Exchange Visitor visa from Ghana. Although his J-1 program was completed in 2009, he stayed in the United States since then.  He got a waiver of the two- year foreign residency requirement. He married his U.S. Citizen wife in January 2011 and retained our office in the middle of September for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 21, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time.  Prior to the interview, we thoroughly prepared our clients at our office. On January 6, 2012, our client was interviewed at the Cleveland, Ohio USCIS.  We accompanied them at the interview as well.  On the same day, his green card application was approved.

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CASE: H-1B Extension
PETITIONER: Hospital
BENEFICIARY: Physician, Filipino
LOCATION: Erie, Pennsylvania

Our client is a physician from the Philippines who currently works at a hospital in Erie, Pennsylvania with a valid H-1B visa.  His H-1B status was about to expire before he retained our office on July 21, 2011.  Our client sought legal assistance from us for his H-1B 3-year extension.

Once we were retained, our office promptly 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 August 12, 2011 to the USCIS Vermont 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 6, 2012. The H-1B is good from September 22, 2011 to September 21, 2014.

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Case: Marriage in Detention and Custody Release / Review
Client: Chinese
Location: Cleveland Ohio

Our client, a Chinese National, was picked up by ICE in late August 2011 because of an outstanding deportation order. His relative retained our firm to represent him to work on getting his release. After an initial evaluation, we informed our client’s relative that it would be a challenge because he was single with no family ties in the United States and he had no other favorable conditions for release.

Fortunately, our client’s fiancé had applied for asylum and her asylum interview was pending. They were about to get married but our client got detained prior, and they thought they could not get married anymore unless he was released.

We informed them that a request could be made to ICE for marriage-in-detention, and that afterwards we may have an argument that he could become a derivative applicant of his fiancé’s asylum application which could be a basis for requesting his release. We informed them it was a stretch, but based on the prosecutorial memo released last year, it was worth a shot.

Despite the fact that our client was in detention, our firm made arrangements for his fiancé to obtain a marriage license and also contacted ICE for permission for them to get married at the detention facility. Subsequently, we arranged for a minister to conduct the wedding ceremony in jail for our client and his fiancé. We filed the request and after a few days, the Detroit Regional Immigration and Customs Enforcement office approved it.

After their marriage, we immediately filed a “Motion to Stay  Removal” for the client with ICE. Prior to our client’s detention reaching 90 days, we filed a “Request for Release on 90-Day Custody Review”, but unfortunately, ICE issued a decision continuing detention. We negotiated further with ICE and even personally went to their office at the Federal Building. Soon, we were given a chance to submit another “Request for Release – Custody Review” before jurisdiction got transferred to Washington DC. We argued that once his wife’s asylum is approved, she would be able to file an I-730 for our client, who then can file a DHS Request to Join in a Motion to Reopen or a Sua Sponte Motion to Reopen to seek derivative asylee status as the beneficiary of an approved I-730. Simultaneously, we also filed a “Deferred Action Request” pursuant to the recent John Morton memo.

On January 5, 2011, the ICE officer personally called our office to inform us that the Detroit ICE considered our second request and decided to release our client. He was released under order of supervision that same day.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Cleveland, OH

Our client came to the United States in June 2008 with a B-2 tourist visa from the Philippines. She married a U.S. Citizen in June 2011 and retained our office in late August for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 20, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time.  Prior to the interview, we thoroughly prepared our clients at our office.  On December 22, 2011, our client was interviewed at the Cleveland, Ohio USCIS.  Attorney Sung Hee Yu accompanied them at the interview as well.  On the same day, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: British
LOCATION: Alexandria, VA

Our client came to the United States in February 2011 with a B-2 visitor visa from the United Kingdom.  In August 2011, he married a U.S. Citizen and retained our office on September 19, 2011 for the petition and adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 22, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, work permit, and advance parole all came on time. There was no Request for Evidence.  Prior to the interview, we prepared our clients. On December 15, 2011, our client was interviewed at the Fairfax, VA USCIS Field Office.  On December 16, 2011, his green card application was approved.

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CASE: I-140 (EB-2 Category)
EMPLOYER: Taekwondo (Martial Arts) School
BENEFICIARY: 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 EB-2 classification. Our client eventually retained us for his PERM labor certification in March, 2011.

As we stated in a previous success story, 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.

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Case: Request to Join in a Motion to Terminate with DHS and Motion to Terminate with the Cleveland Immigration Court
Nationality: Chinese
Location: Cleveland, OH

Our client came to the United States in January 2002 with a valid B-1 visa.  He has stayed in the United States ever since. He was placed in removal proceedings a few years later. While he was in the United States, his wife, who obtained her green card through asylum, filed an I-130 petition for him. It was approved in June 2010.  At the time of the I-130 filing, our client’s wife was a Lawful Permanent Resident, so the priority date for our client was not current. She became a naturalized U.S. citizen on June 17, 2011.

Before our firm was retained, our client already had a scheduled asylum individual hearing in 2013.  In August 2011, our client consulted with our office and sought legal assistance. We advised him that we would try to terminate his removal proceedings with the DHS’ cooperation.  Our office filed a request to join in a Motion to terminate proceedings with a copy of the I-485 application and supporting documents on November 8, 2011.  The DHS counsel in Cleveland agreed to terminate our client’s removal proceedings.  The Immigration Judge then granted the Motion to terminate without prejudice on December 7, 2011.

Now that removal proceedings are terminated, he can file an I-485 adjustment of status (green card) application with the USCIS. His case will be at the USCIS Cleveland Office for final adjudication.

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CASE: Adjustment of Status Based on Approved K-1 Visa
CLIENT: Korean
LOCATION: Dayton, OH

Our client came to the United States in June 2011 as a K-1 visa entrant from Korea.  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.

Our client contacted our office initially in the middle of August and consulted with us for her adjustment of status application. She retained our office on August 23, 2011.  Our firm quickly prepared and filed the I-485 Adjustment of Status Application on August 29, 2011 one week before her K-1 authorized stay period expired.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  Her work authorization card was issued on November 9, 2011.

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client.  On December 5, 2011, her green card application was approved.

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CASE:  Request to Join in a Motion to Reopen
CLIENT: Pakistani
LOCATION: Houston, TX

Our client is a Pakistani citizen who currently resides in Houston, Texas with her U.S. Citizen husband.  Our client entered the United States on a valid L-2 visa in November 2000.  She was  then granted withholding of removal in July 2006 by the Philadelphia Immigration Court as a derivative beneficiary of her father’s sought relief.  In March 2009, our client married her U.S. citizen husband and her husband filed an I-130 petition on behalf of our client.  The I-130 petition was approved in October, 2010.  However, due to bad advice by their previous counsel, they also filed an I-485 application with the USCIS which was understandably denied due to lack of jurisdiction considering she is in withholding of removal status.  They were not informed that our client’s case should first be reopened in the Immigration Court before she can apply for adjustment of status either with the Court, or with the CIS should proceedings be terminated after reopening.

In March 2011, our client and her U.S. citizen husband contacted our office and sought legal assistance for her immigration matters. Our client retained us on March 29, 2011.  Upon retention, we filed a Request to Join in a Motion to Reopen to the USICE-DHS office in Philadelphia.  Our cover brief explained the withholding of removal status, the approval of the I-130, and other equitable factors totaling 28 exhibits.

We called the DHS office in Philadelphia several times and on November 23, 2011, they finally agreed to join in the Motion to Reopen and an assigned counsel signed the Joint Motion. Now our client can apply for Adjustment of Status with the Immigration Court, or with the CIS upon a possible termination by the Court.

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