Case: I-130/I-485
Applicant/Beneficiary – British
Location: Valley View, OH

Our client entered the United States in February 2019 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  He has a U.S. citizen wife whom he married in September 2016. After he entered the United States in February 2019, he remained in the U.S. 

In September 2019, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on September 16, 2019.  One main issue in his green card application through marriage 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.

Since our client resided in Valley View, Ohio, his 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 his visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on September 25, 2019.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared at our office. On January 6, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney JP Sarmiento accompanied our clients.

Though the interview went well, our client received the Request for Evidence for the re-submission of his immigration medical (I-693). He responded with the newly-done medical, and the USCIS approved his adjustment of status application on March 19, 2020.  Now, our client becomes a green card holder.

{ 0 comments }

CASE: I-751

APPLICANT: Filipino

LOCATION: Winfield, IL

Our client contacted our office in March of 2019 regarding his I-751 application.

He is from the Philippines and he married a U.S. citizen in January 2016. Through his marriage, he obtained a 2-year conditional green card in August of 2017.  His conditional residency terminated in August 2019.

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 March 13, 2019, and our office prepared an I-751 application for our client with other supplemental exhibits.

On May 15, 2019, 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.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on March 25, 2020, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

{ 0 comments }

CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement 

NATIONALITY: Korean                                                                                                           

LOCATION: Columbia, MD

Our client is from South Korea who came to the U.S. on a J-1 Visa in August 2009. Later, she changed her status from J-1 to J-2 after she got married. Thereafter, she changed her status from J-2 to H-4 as her husband got his H-1B status. Prior to his H-1B filing, her husband got a J-1 visa waiver; thus, she thought she does not need her J-1 waiver to change her status. Her husband has an approved EB-1 I-140 petition. Our client and her husband would like to file their adjustment of status application; however, in order to file her adjustment of status, she needs a waiver. 

Our client contacted our office and retained our office on December 11, 2019 for her J-1 waiver case. Once retained, Attorney Sung Hee (Glen) Yu from our office promptly contacted the Korean Consulate General Office in Atlanta to pursue the waiver for our client.  The Consulate office requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On January 2, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust in the United States if he obtains the waiver.

The Korean Consulate General in Atlanta promptly forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On March 11, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, the USCIS has issued an I-612 approval notice on March 23, 2020.

{ 0 comments }

CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: San Francisco, CA

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea and he is an exceptional researcher and scientist in the field of Biomedical Engineering research. 

Our client’s significant contributions have placed him at the pinnacle of his field. His field of research primarily concerns biomedical materials design and development, and its in-depth characterizations. Moreover, he has been working lately on other subject including bio-inspired materials design (so-called bio-mimetics).  Throughout his research career, our client has made important contributions to the field of biomedical engineering and his research involves the study of structural biological materials (bone) and the development of bioinspired designs based on these structures (biodegradable metal / ceramic composite scaffold, 3D printing), which so far has resulted in scaffolds and composites that have diverse applications from bone implants to light weight aerospace structures. Because of his innovative research, our client’s research works were highly evaluated by the reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id. 

Our office prepared a 21-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. 

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on February 7, 2019. However, on November 26, 2019, the USCIS Nebraska Service Center issued Request for Evidence (RFE) for our client and surprisingly argued that our client has not met all of three prongs of Dhanasar. Our client and our office prepared extensive RFE response and filed Response to RFE to the USCIS on February 18, 2020. 

Eventually, on March 25, 2020, the USCIS approved his I-140 petition. When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will be approved soon as well.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Litchfield, OH

Our client came to the United States from the Philippines with a B-2 visitor’s visa in July 2019. She married a U.S. Citizen in October 2019 and retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 26, 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 as well. On March 17, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Kenyan

LOCATION: Huntsville, AL

Our client contacted us in March 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Kenya and obtained her green card in June 2008. 

Once retained, her N-400 application was filed on March 11, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference call.  On November 12, 2019, our client appeared at the Montgomery Alabama USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on March 10, 2020. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: Asylee Adjustment of Status
CLIENT: Chinese
LOCATION: Cleveland Heights, OH

Our client came to the United States from China and, she was granted asylum in July 2018 by the USCIS. 

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status. Around August 2019, one year after she got her asylee status in the United States, our client contacted our office again and sought legal assistance for her adjustment of status.  We prepared and filed her I-485 Adjustment of Status Application on September 3, 2019. Everything went smoothly and the receipt notice and fingerprint appointment all came on time.

Eventually, on March 10, 2020, the USCIS approved our client’s Adjustment of Status application without the interview. She is now a permanent resident of the United States.

{ 0 comments }

CASE: I-751

APPLICANT: Indian

LOCATION: Winston Salem, NC

Our client contacted our office in February 2019 regarding his I-751 application.

He is from India and he married a U.S. citizen in December 2016. Through his marriage, he obtained a 2-year conditional green card in May of 2017.  His conditional residency terminated in May 2019.

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 February 19, 2019, and our office prepared an I-751 application for our client with other supplemental exhibits.

On March 12, 2019, 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.

Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued the Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with his wife. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on March 2, 2020.  

As a result, on March 20, 2020, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

{ 0 comments }

CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physician’s Office

BENEFICIARY: Macau

LOCATION: Brooklyn, NY

Our client is a physical therapist. His current employer was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he is a physical therapist, 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 Nurse Practitioner is included in Schedule A.

Our client has Master’s degrees in Rehabilitation Science and is a licensed physical therapist in the State of New York. Our office was retained on October 28, 2019, and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on March 17, 2020 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  

Eventually, on March 21, 2020, the USCIS Nebraska Service Center approved his EB-2 I-140 petition. Since the priority date for EB-2 Macau national is current, he can file his adjustment of status application at any time.

{ 0 comments }

CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Filipina

LOCATION: Corona, California

Our client came to the United States from the Philippines in August 2010 on a C-1 visa (Crewman). She remained in the United States after her entry in August 2010. She married her U.S. citizen husband in February 2017. She retained our office on June 20, 2017 for the I-130 and I-601A waiver filing. We filed an I-130 petition for her in July 2017. This I-130 petition was approved in February 2018.

Our client cannot file for adjustment of status due to her ground of inadmissibility (crewman entry and overstay). She needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States.

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen husband suffers from a great degree of hardship. We argued that if she was removed from the United States, extreme hardship to her husband is clearly foreseeable and evident. He would not be able to take care of his own needs and the bulk of their family chores, most importantly taking care of their child. Also, it would be extremely difficult for him to get the same level of economic stability in the Philippines in case he joins our client there.

In our brief, we also argued that our client and her husband have maintained strong family ties in the United States, that her husband will have difficulty in finding the same level of employment in the Philippines, and that he will face extreme emotional difficulties if she is removed.

On February 12, 2019, we filed the I-601A waiver application which included the brief in support, and documents that demonstrated hardship to her husband if our client is removed from the United States. Eventually, her I-601A waiver was approved on March 17, 2020. Now, she can file packet 3 and 4 here in the United States, and would go to the Philippines shortly to get her immigrant visa.

{ 0 comments }