CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: North Canton, OH

Our client contacted us in May 2021 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in January 2021.

His N-400 was filed on May 14, 2021. Prior to his citizenship interview, our office prepared him via conference calls.  On July 26, 2021, our client appeared at the Cleveland, Ohio USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On July 29, 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-485 based on Approved I-140 (EB-3)

 APPLICANT: Indian

 LOCATION: Solon, OH

Our client is a computer systems analyst from India. His company was willing to do a third-preference petition (I-140) for him.  He has maintained his status as an H-1B visa holder in the United States.  He had an approved I-140 petition which was filed by his current employer and this I-140 petition’s priority date was October 24, 2011.

In October 2020, his priority date became current. He contacted our office and retained us for his and his wife’s I-485 adjustment of status applications. Our office filed the I-485 adjustment of status applications on October 27, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on July 27, 2021, the USCIS approved our client’s adjustment of status application. He is now a green card holder.

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

NATIONALITY: Chinese

LOCATION: Weehawken, NJ

Our client was a citizen of China who came to the U.S. on a J-2 Visa in June 2002.  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 May 2014. He would like to get a waiver because his employer would like to petition him H-1B. However, because of his two-year foreign residency requirement, our client cannot change his 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 May 2014.

Our firm was retained to do his J-2 waiver, and on March 31, 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 June 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

NATIONALITY: Costa Rican

LOCATION: Lawrence, KS

Our client is a citizen of Costa Rica who came to the U.S. on a J-2 Visa in August 2002.  She came with her father who entered on a J-1 Visa for his research 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 March 2012.  By getting a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the 2-year requirement or 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. 

Our firm was retained to do her J-2 waiver, and on February 24, 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 June 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 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 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipino
LOCATION: Des Plaines, IL

Our client is a registered nurse who is currently working at a large nursing and rehabilitation facility in Des Plaines, Illinois. His employer was willing to petition him for a third-preference employment immigrant visa petition (I-140). Since he is a registered nurse, he 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 on Schedule A.

Our client has a nursing degree and has several years of related experience. During the consultation, our firm concluded that his employer can petition him as a Registered Nurse under the schedule A category. 

We filed the I-140 application on March 18, 2020 via regular processing. We included the job offer letter, the notice of filing, his H-1B status approval notices, and other necessary supporting documents.  On July 24, 2020, upon our client’s request, we upgraded his case to premium processing by filing an I-907 application with required fees. On August 11, 2020, the I-140 was approved.

Once his I-140 was approved, he retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application October 13, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on July 22, 2021, his green card application was approved without an interview.

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CASE: I-751

APPLICANT: Ivorian

LOCATION: Toledo, OH

Our client contacted our office in January of 2020 regarding his I-751 application.

He is from Ivory Coast and he married a U.S. citizen in May 2017. Through his marriage, he obtained a 2-year conditional green card in March 2018.  His conditional residency terminated in March 2020.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on January 17, 2020 and our office prepared the I-751 application.

On March 4, 2020, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

The USCIS issued a Request for Evidence (RFE). We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on June 18, 2021.   

On July 16, 2021, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Cleveland, OH

Our client contacted us in April 2020 to seek legal representation for his naturalization application. He came to the United States from India and obtained his green card in July 2015. 

After retention, his N-400 application was filed on April 17, 2020. Prior to his citizenship interview, our office prepared him via conference calls.  On February 23, 2021, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. Eventually, on July 15, 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-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Jamaican
LOCATION: Shaker Heights, OH

Our client contacted our office in February of 2020 regarding his potential I-751 filing. He is from Jamaica and he married a U.S. citizen in May 2018. Through his marriage with a U.S. citizen spouse, he obtained a 2-year conditional green card in October of 2018. Therefore, his conditional residency terminated in October 2020.

Unfortunately, during their marriage, our client and his ex-wife went through struggles. Therefore, they eventually lived separately and their divorce was finalized. Thus, our client could not file the I-751 application jointly with his ex-wife. After consultation, we advised that we can help him file the I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On March 23, 2020, our office filed the I-751 application with various supporting documents to demonstrate our client’s bona fide marriage with his ex-wife. 

In June 2021, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client at our office and informed him of potential issues at the interview.

On July 13, 2021, our client was interviewed for his I-751 application at the USCIS Cleveland, OH Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied our client.  The interview was very extensive.  Nevertheless, the USCIS approved our client’s I-751 application on the same day of his interview. Now, he has his ten-year green card.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                

LOCATION: Mentor on the lake, OH 

Our client is from China who came to the U.S. on a B-2 visitor’s visa in April 2016. Since then, she has remained in the United States. In January 2021, our client is married her current U.S. citizen husband.  She retained our office on January 19, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 29, 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 July 16, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – Taiwanese
Location: North Olmsted, OH

Our client entered the United States in February 2019 from Taiwan under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  She married her U.S. citizen spouse in June 2020.

In August 2020, they contacted our office and consulted with us regarding adjustment of status. After consultation, they retained our office on August 11, 2020.  One main issue in her green card application was the fact that she came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Since our client resided in North Olmsted, Ohio, her application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  However, it was quite foreseeable that the USCIS field office will exercise its discretion to deny his application because of her visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on September 29, 2020.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. 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. On July 14, 2021, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved her adjustment of status application on the same day of the interview.  Now, our client is a green card holder. 

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