CASE: Marriage-Based Adjustment of Status

NATIONALITY: Ivorian                                                                                    

LOCATION: Parma, OH 

Our client is from Ivory Coast (Cote D’Ivoire) who came to the U.S. on a F-1 student’s visa. In September 2020, our client married her current U.S. citizen husband.  She retained our office on January 25, 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 at our office 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. Eventually, on October 15, 2021, her green card application was approved.

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CASE: Cancellation of Removal for Permanent Residents

CLIENT: Chinese (Green card holder)

LOCATION: Cleveland Immigration Court in Ohio

Our client came to the United States in 1991. He was granted asylum he got his green card in February 1993.  He has been in the US ever since. He has a US Citizen wife, three U.S. Citizen children, and most of his immediate family members are either U.S. Citizens or green card holders. 

Unfortunately he was convicted of felonious assault in 2000. In 2013, he went on an international trip and was stopped by the CBP officer at the port of entry upon his return to the U.S. Because of this conviction, he was inadmissible and was placed in removal proceedings.  In October 2013, our client contacted our office for legal representation. We were retained on October 15, 2013. 

Once retained, we represented our client before Cleveland Immigration Court for his initial master calendar hearing on March 5, 2014. Attorney Sung Hee (Glen) Yu represented him at the hearing and sought cancellation of removal relief for permanent residents.

Under INA Section 240A(a), for a permanent resident to be eligible for Cancellation of Removal, the alien must prove that s/he:

• Has been an LPR (green card holder) for at least five years;
• Has resided in the United States continuously for seven years after having been admitted in any status;
• Has not been convicted of an aggravated felony; and
• Merits a favorable exercise of discretion.

The criteria for favorable exercise of discretion was explained in Matter of C-V-T-, 22 I&N Dec. 7 (BIA 1998). The BIA in C-V-T stated that the factors that the immigration judge must consider when deciding whether to grant cancellation of removal to a lawful permanent resident are as follows:

The positive factors are:

• Family ties in the United States, particularly ties to lawful permanent residents or U.S. citizens;
• Residence of long duration in the U.S. (particularly when the inception of residence occurred at a young age);
• Evidence of hardship to the Respondent and his family if deportation occurs;
• Service in the U.S. armed forces;
• A history of employment;
• Existence of property or business ties;
• Evidence of value and service to the community;
• Proof of genuine rehabilitation if a criminal record exists;
• Other evidence attesting to a Respondent’s good character.

Adverse factors include:

• Nature and underlying circumstances of the grounds of removal;
• The presence of additional significant violations of the Immigration Laws;
• The nature, recency, and seriousness of criminal records; and
• The presence of other evidence has been indicative of a respondent’s bad character or undesirability as a permanent resident of the U.S.

Generally, the immigration judge must weigh the positive factors against the negative factors in exercising her discretion.

After the Master Calendar Hearing, the Court scheduled the individual hearing. However, the case was re-scheduled multiple times and was finally scheduled on October 14, 2021. 

Our firm worked with our client and his friends and family members for the application and supplemental documents. We contacted his family members in other states for supporting documents and letters of support for our client’s case. Some even flew from out of state for the Individual Hearing. 

In preparing our client for the Individual Hearing, Attorney Yu and Ms. Arty Wyneski (our senior paralegal) talked to our client in our office for several hours each time. Obviously the central issue in this case would be whether or not our client’s positive factors outweigh the negative factors. Our firm eventually was able to gather supporting documents and prepared supplemental evidence with multiple exhibits, and arranged them pursuant to the specific elements of Cancellation of Removal eligibility.

At the Individual Hearing on October 14, 2021, Attorney Yu represented our client at the Cleveland Immigration Court in Ohio. Testimony then followed and we questioned our client extensively on the positive factors of his case. Attorney Yu questioned him regarding his length of residence in the U.S., employment history, family issues and hardships to him and his family members (especially his US citizen wife) if he was to be deported to China. Our client was prepared, was very consistent, and was honest in his answers. 

In the end, the Cleveland Immigration Court granted our client’s cancellation of removal relief. It was a tough call and our firm was very happy for our client. He has been here since 1991 but had one bump along the way.  He has reformed and will continue supporting his family.

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CASE: H-1B Visa Extension Petition
PETITIONER:  E-Commerce Company in Addison, TX
BENEFICIARY: Korean Market Research Analyst

Our client is an E-commerce company in Addison, TX. They contacted our office in August 2021 to seek legal assistance for their foreign employee’s H-1B extension.  The beneficiary obtained his Bachelor’s Degree in Marketing. The proffered position for the Beneficiary is a Market Research Analyst. The argument would be to make the occupation at hand a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Marketing or its equivalent.  We also did their initial H-1B petition in 2018.  

Our office filed the H-1B visa petition with various supporting documents on September 7, 2021 via regular processing service. Eventually, our client’s H-1B application was approved on September 30, 2021.  His H-1B is good until September 11, 2024.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Irish

LOCATION: Parma, OH

Our client contacted us in July 2021 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Ireland and obtained his green card in August 2018 through his marriage to his US Citizen spouse. 

Upon retention, his N-400 application was filed on August 3, 2021. Prior to his citizenship interview, our office prepared him via conference calls.  On October 1 2021, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, on October 5, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-130 and I-485 Marriage Based Petition and Adjustment of Status 

NATIONALITY: Filipina

LOCATION: Junction City, KS

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in August 2017.  She came with her mother who came on a J-1 Visa for her employment in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in July 2020.  She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the fulfillment of requirement or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in July 2020.

Our firm was retained to do her J-2 waiver, and on July 10, 2020, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on October 7, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On October 28, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

Once her J-2 waiver was approved, our client retained our office again for her adjustment of status 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 through conference calls. On October 5, 2021, our client was interviewed at the Kansas City, MO USCIS office. Eventually, her green card application was approved on October 6, 2021.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Korean

LOCATION: Houston, TX

Our client contacted us in September 2020 to seek legal representation for her naturalization application. She came to the United States from South Korea and obtained her green card in April 2015.

Her N-400 application was filed on September 21, 2020. Prior to her citizenship interview, our office prepared her via conference calls.  On September 10, 2021, our client appeared at the Houston, TX USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On September 20, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Canadian

LOCATION: Irvine, CA

Our client contacted us in September 2020 to seek legal representation for her naturalization application. She came to the United States from Canada and obtained her green card in December 2011.

We filed her N-400 application on September 30, 2020. Prior to her citizenship interview, our office prepared her via conference calls.  On September 23, 2021, our client appeared at the Santa Ana, CA USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On September 29, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Korean

LOCATION: Jersey City, NJ

Our client was a citizen of South Korea who came to the U.S. on a J-2 Visa in June 2003.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

He turned 21 in October 2007.  He plans to file his adjustment of status. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without fulfilling the requirement or obtaining a waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in October 2007.

Our firm was retained to do his J-2 waiver, and on July 1, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on September 13, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 28, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-485 Adjustment of Status / I-140 (Skilled Worker) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Kyrgyz

LOCATION: Rockford, IL

Our client’s beneficiary is a registered nurse from Kyrgyzstan and licensed in the state of Illinois. She came to the United States on a F-1 student’s visa.  Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). 

Since she is a registered nurse, she is eligible for “Schedule A” classification. 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 first going to the DOL for a labor certification. 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. The position of Professional Nurses is included in Schedule A.

Our client has an Associate of nursing degree and has 2 years of work experience as a Registered Nurse. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on November 3, 2020 and we started on her Prevailing Wage Request.

We filed the I-140 application on June 16, 2021 via premium processing. We included the job offer letter, the notice of filing, employer’s financial ability to pay letter, and other necessary supporting documents. Eventually, on June 28, 2021, the I-140 was approved without any Request for Evidence (RFE). 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On July 16, 2021, 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.

However, on September 16, 2021, the USCIS issued a Request for Evidence (RFE) and requested our client to submit evidence of her status maintenance in the United States. Our office filed the RFE response on September 21, 2021.  Eventually, on September 28, 2021, her green card application was approved. Her adjustment of status application was approved less than 3 months from the filing date.

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CASE: PERM EB3 Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Physics Teacher

LOCATION: Casa Grande, AZ

Our client has an  employer that was willing to do a PERM Labor Certification for him, EB3  Our client has a Bachelor’s degree in Physics for Teachers, a valid Arizona Teaching license, and has worked for his current employer since August 2016. Based on our education and credentials, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us in April 2020.

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 only 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 PW determination, our office filed the job order on August 13, 2020.  On November 9, 2020, we promptly filed PERM. 

On June 3, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on June 14, 2021.   

Eventually, on September 21, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. Our client can file the I-140 petition at any time.

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