CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Bronx, NY

Our client contacted us in October 2019 to seek legal representation for her naturalization application. She came to the United States from the Philippines and she obtained her green card in December 2014. 

Her N-400 application was filed on October 4, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On December 29, 2020, our client appeared at the New York, NY USCIS office for her naturalization interview. Our client answered all questions correctly and passed her interview. On the same day of her interview, 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: Indian

LOCATION: Westlake, OH

Our client contacted us in September 2020 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from India and obtained her green card in December 2017 through marriage to his US Citizen spouse. 

Upon retention, her N-400 application was filed on September 22, 2020 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On January 4, 2021, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and interview. On the same day, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: H-1B Change of Employer

PETITIONER: Dental Clinic

BENEFICIARY: Indian Dentist

LOCATION: Cleveland, OH 

Our client is a dental clinic located in Cleveland, Ohio.  They contacted our office in November 2020 to seek legal assistance for their foreign employee. The beneficiary is from India and he obtained his Doctor of Dental Surgery (DDS) degree and a dental license. The proffered position for the Beneficiary is an associate dentist which qualifies as a specialty occupation. 

The foreign beneficiary in this case already had his H-1B visa from his previous employer.  However, his H-1B visa was not expired yet, and he wanted to extend his H-1B status on the change of employer basis. 

Upon retention, our office promptly filed the H-1B visa petition with various supporting documents on December 7, 2020 via regular processing.  Since this petition was based on a change of employer, this petition was exempt from the annual H-1B cap.  Thus, we could file prior to April 1.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on December 22, 2020 even though it was filed via regular processing.  Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there for next three years.

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CASE: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization Document

APPLICANT / BENEFICIARY: Chinese Client in New York. 

The USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases.  According to this memo, issued in August 2012, an individual who meets the following criteria may apply for deferred action:

• Was under the age of 31 as of June 15, 2012;
• Came to the U.S. before reaching his/her 16th birthday;
• Has continuously resided in the U.S. since June 15, 2007, up to the present time;
• Was physically present in the U.S. on June 15, 2012, and at the time of application to the USCIS;
• Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
• Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
• Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;

Our client initially came to the United States in January 1998 with a B-2 visa when she was only 6 years old. Since then, she has remained in the United States. 

As of June 15, 2012, our client was twenty-one (21) years old.

Our client also finished high school in the United States.

Since her last entry to the United States in January 1998, our client never left.

She was physically present in the United States on June 15, 2012 and has continuously resided here since January of 1998.

Our client has never been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

Accordingly, our client was eligible for this relief.

In October of 2020, she retained our office for the renewal of his DACA application again. Despite the elimination of the DACA program at that time, she was still eligible for the renewal. Our client sent us supporting documents that prove our her education history, physical presence in the United States, and her initial entry to the United States.  Our office also prepared Form I-821D and I-765, and drafted a detailed cover letter demonstrating why our client should merit this relief.

On November 5, 2020, our office filed her I-821D and I-765 to the USCIS.  Eventually, on December 29, 2020, the USCIS approved our client’s I-821D and I-765. Her DACA status is extended to December 2022.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Korean

LOCATION: New York, NY

Our client came to the United States from South Korea on a H-1B visa to work as an attorney in the U.S. She married a U.S. Citizen in November 2019 and retained our office for her green card application on November 13, 2019.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 20, 2019.  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. On December 23, 2020, our client was interviewed at the New York, NY USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Canadian

LOCATION: Euless, TX

Our client came to the United States from Canada on a B-2 visitor’s visa in January 2020. She married a U.S. Citizen and retained our office for her green card application on February 5, 2020.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 19, 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 as well. On December 30, 2020, our client was interviewed at the Irving, TX USCIS office. On January 1, 2021, her green card application was approved.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Mohave Valley, AZ

Our client has an employer that was willing to petition for a third-preference teaching position (I-140).  Our client has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2014. Based on our client’s education and license background, she is eligible for EB-3 classification.  Our client eventually retained us in May 2019.

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 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 13, 2019.  On January 7, 2020, we promptly filed PERM. 

On July 28, 2020, 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 August 18, 2020.   

Eventually, on December 23, 2020, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Health Service Ambulatory Facility

BENEFICIARY: Filipina Registered Nurse

LOCATION: Saipan, Northern Mariana Islands

Our client is Filipina Registered Nurse and her current employer-sponsor is 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, 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.

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Ukrainian
LOCATION: Cleveland, OH

Our client came to the United States in April 2009 with a J-1 exchange visitor’s visa from Ukraine. His J-1 visa did not make him subject to the 2-year foreign residency requirement.  Later, he filed an asylum and his asylum interview was conducted by the USCIS. His case was referred to the Cleveland Immigration Court. His case was administratively closed in March 2016. 

He married a U.S. Citizen in January 2017.  Our client’s wife filed an I-130 petition on behalf of our client, and this I-130 petition was approved by USCIS in October 2018. Once the I-130 petition was approved, he client retained our office in December 2018 for his removal proceedings. 

Our office prepared and filed a Motion to Recalendar to the Cleveland Immigration Court on December 5, 2018. His case was recalendared to the immigration judge’s docket and our office prepared and filed an I-485 Adjustment of Status Application.

On January 4, 2021, Attorney Sung Hee (Glen) Yu represented our client’s at his Individual Hearing for adjustment of status at the Cleveland Immigration Court. The Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal proceeding has been terminated. Now, our client is a green card holder.    

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CASE: Marriage-Based Adjustment of Status

CLIENT: Mexican

LOCATION: Springfield, OH

Our client came to the United States from Mexico on a B2 Border Crossing Card in February 2016. He remained in the United States since then. He married a U.S. Citizen in October 2018 and retained our office on March 4, 2020 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 6, 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 December 21, 2020, our client was interviewed at the Cincinnati Ohio USCIS office. On December 22, 2020, his green card application was approved.

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