CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nepalese

LOCATION: Blacklick, OH 

Our Nepalese client came to the U.S. on a F-1 student visa in August 2015. In August 2021, our client married his U.S. citizen wife.  He retained our office on September 7, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 12, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment came on time. Prior to the interview, we thoroughly prepared our clients via conference call. On June 23, 2022, our client was interviewed at the Columbus, OH USCIS office. On June 24, 2022, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Strongsville, OH

Our client contacted us in October 2021 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in November 2012.

Her N-400 application was filed on October 29, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On May 31, 2022, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On June 16, 2022, 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: Filipina

LOCATION: Casa Grande, AZ

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2017.  She came with her mother who entered on a J-1 Visa as a teacher in the U.S. 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 December 2021.  By getting a waiver, she would have the ability to change her status in the U.S. However, because of her two-year foreign residency requirement, our client cannot change 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 December 2021.  

Our firm was retained to do her J-2 waiver, and on February 22, 2022, 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.  On April 18, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On June 10, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: H-1B Visa Extension Petition
PETITIONER:  Public School District in Saint Francis, SD
BENEFICIARY: Filipina Special Education Teacher

Our client is a Public School District in Saint Francis, SD. They contacted our office in May 2022 to seek legal assistance from our office for their foreign employee’s H-1B extension.  The beneficiary obtained her Bachelor’s Degree in Special Education. The proffered position for the Beneficiary is a Special Education Teacher which qualifies as a specialty occupation. The Beneficiary has worked for her employer under a H-1B status since July 2020.   

Our office filed the H-1B visa petition on June 3, 2022 via premium processing. Eventually, our client’s H-1B application was approved on June 16, 2022.  Her H-1B is good until June 30, 2025. 

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client has an employer that was willing to file a third-preference I-140 for him. Our client has a Bachelor’s degree in Biology, a valid Arizona Teaching license, and has worked for his current employer since July 2016. Based on our client’s 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 May 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 September 3, 2020.  On November 20, 2020, we filed the PERM application. 

On June 17, 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 29, 2021.  Eventually, on September 29, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on November 12, 2021 via regular processing service. Eventually, on June 2, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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Case: I-130/I-485
Applicant/Beneficiary – French
Location: Philadelphia, PA

Our client entered the United States in November 2021 from France under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  She came to the U.S. to see her U.S. citizen fiancé. Her fiancé filed a K-1 visa petition for her and she was waiting for the K-1 visa interview in Paris, France. Nonetheless, she came to the U.S. to spend time together with her U.S. citizen fiancé.

While she was staying in the U.S., the omicron variant became widespread. Our client and her fiancé changed their plans and she married her U.S. fiancé in February 2022. 

They contacted our office and consulted with us regarding adjustment of status. After the consultation, they retained our office.  One 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.

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 14, 2022.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices and the fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On June 9, 2022, our client was interviewed at the Philadelphia Pennsylvania USCIS Field Office.  The interview went well, and the USCIS approved her adjustment of status application on June 10, 2022.  Now, our client is a green card holder.

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Case: I-130/I-485
Applicant/Beneficiary – Italian
Location: Elyria, OH

Our client entered the United States in December 2021 from Italy under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  He married his U.S. citizen spouse in February 2022. 

In February 2022, they contacted our office and consulted with us regarding adjustment of status. After the consultation, they retained our office.  One main issue in his green card application was the fact that he 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.

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 16, 2022.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On June 8, 2022, 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 his adjustment of status application on June 10, 2022.  Now, our client is a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Serbian

LOCATION: Willoughby, OH

Our client came to the United States from Serbia on a F-1 student visa. She married a U.S. Citizen in October 2021. She retained our office on February 22, 2022 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 28, 2022. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On June 10, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. On June 11, 2022, our client’s green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Honduran

LOCATION: Orrville, OH

Our client came to the United States from Honduras in April 2013. Since then, she has remained in the United States. She married a U.S. Citizen in October 2021. She retained our office on October 26, 2021 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 3, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On June 8, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Eventually, on June 10, 2022, our client’s green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Avon, OH

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 August 2014. 

Once retained, his N-400 application was filed on August 10, 2021 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On May 26, 2022, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our client. Our client answered all questions correctly and passed his naturalization interview. On June 7, 2022, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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