CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Cleveland, OH 

Our client came to the United States in June 2018 with a J-1 Exchange Visitor visa from the Philippines.  Her J-1 visa was not subject to the two-year foreign residency requirement, so she could apply for the adjustment of status in the United States without a waiver.  She married a U.S. Citizen in May 2019 and retained our office on June 4, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 17, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients at our office. On December 9, 2019, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney JP Sarmiento from our office accompanied them at the interview as well.  On December 9, 2019, her green card application was approved. 

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CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: Bay Village, OH

Our client came to the United States from India on a F-1 student visa. He married a U.S. Citizen in July 2019 and retained our office for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 28, 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 9, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on the same day of the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Hicksville, OH

Our client came to the United States from Nigeria on a B-2 visitor’s visa in January 2016. He married a U.S. Citizen in June 2019 and retained our office for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 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 as well. On December 9, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on the same day of the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Vietnamese

LOCATION: Newbury Park, CA

Our client came to the United States from Vietnam with a J-1 exchange visitor visa in 2006. She had government funding for her J-1 program, so she was subject to the 2 year foreign residency requirement. Though she married a U.S. Citizen in May 2016, she could not file her adjustment of status application without getting a waiver. With our office’s legal assistance, she was able to obtain a J-1 hardship waiver from the USCIS in January 2019. 

After the waiver approval and retained our office on January 28, 2019 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 13, 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 via conference calls. On December 2, 2019, our client was interviewed at Chatsworth, CA USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: I-751

APPLICANT: Indian

LOCATION: Greenville, OH

Our client contacted our office in March of 2018 regarding his I-751 application.

He is from India and married a U.S. citizen in February 2016. Through his marriage with, he obtained a 2-year conditional green card in October of 2016.  His conditional residency terminated in October 2018.

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 again on March 8, 2018, and our office prepared an I-751 application for our client with other supplemental exhibits.

On July 24, 2018, 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. Eventually, on November 22, 2019, 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: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Ghanaian

LOCATION: Akron, OH

Our client contacted our office in early May of 2019 regarding his I-751 filing. He came to the United States from Ghana with an immigrant visa which was petitioned by his U.S. citizen ex-wife.  

Through his marriage, he was able to obtain a 2-year conditional green card in November of 2016. Thus, his conditional residency terminated in November 2018. Our client and his ex-wife were able to file joint I-751 application to the USCIS in August 2018. 

Unfortunately, during the pendency of this application, divorce proceedings were commenced between them. Our client experienced a lot of difficulties during his marriage with his ex-wife. Thus, our client could not proceed with the I-751 application jointly with his ex-wife.

Once retained, we filed an amendment request for his I-751 and 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. We focused on the supporting documents that he can show and helped him draft an extensive affidavit about their marriage, and why it ended the way it did.

On June 7, 2019, our office filed the amendment request application with various supporting documents to demonstrate our client’s bona fide marriage with his ex-wife.   

In October 2019, 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 November 21, 2019, 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 her ten-year green card.

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CASE: I-485 / National Interest Waiver

CLIENT: Canadian

LOCATION: Spokane, WA

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a lead mining engineer from South Korea (Citizen of Canada) and currently works for a federal agency under his TN status. He is an exceptional researcher and scientist in the field of mining engineering and rock mechanics research. 

Our client’s significant contributions have placed him at the pinnacle of his field. He is an extraordinary researcher and scientist in the field of Mining Engineering and Rock Engineering Research with over 22 years of practical research experience with emphasis on the development of safe and economical excavations in underground mines – from which to extract minerals. Specifically, our client’s work has the purpose of determining hazard recognition and engineering solutions for the ground control problems that cause injuries and fatalities in the mining industry. Moreover, his research works were highly evaluated by 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 24-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 October 10, 2018. Eventually, on April 22, 2019, the USCIS approved his I-140 petition without any Requests for Evidence.  

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his immediate family members. On June 19, 2019, our office filed an I-485 adjustment of status application for our client and his family. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On December 4, 2019, our client was interviewed at Spokane Washington USCIS office. The interview went well, our client and his family members’ adjustment of status applications were approved by the USCIS on the same day of the interview. 

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CASE: EB-3 I-485 Adjustment of Status

EMPLOYER: Public School

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: New Mexico

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in English, a valid New Mexico Teaching license, and has worked for her current employer since 2016. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in June 2017.

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 November 1, 2017. On April 13, 2018, we promptly filed PERM. 

However, on August 13, 2018, the Department of Labor issued a request for audit. The DOL requested documents from 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 22, 2018.  Eventually, on October 23, 2018, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. 

We then proceeded with the I-140 Petition filing. Our client already had her approved I-140 from her old employer with priority date of October 2010. 

Under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s current employer for our client is entitled to the previous priority date.

We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, her previous I-140 approval notice and other necessary supporting documents.

The I-140 Petition was filed on November 1, 2018 via premium processing service. Eventually, on November 6, 2018, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). Also, the approved I-140 retained our client’s old priority date. 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On December 6, 2018, 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.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On September 9, 2019, our client was interviewed at Albuquerque New Mexico USCIS office. On November 25, 2019, her I-485 adjustment of status application was approved by the USCIS. 

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CASE: Adjustment of Status based on Approved EB-3 I-140    

APPLICANT: Korean Molding Process Engineer in Akron Ohio

Our client is from South Korea. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Mechanical Engineering. After talking to our client, our firm concluded that his employer can petition him as a Molding Process Engineer. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification. 

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On January 17, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on April 4, 2018. On June 21, 2018, we promptly filed PERM. Eventually, on August 16, 2018, the PERM Labor Certification was approved – an EB3 position for the Korean 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, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on January 22, 2019 via premium processing service. Eventually, on January 30, 2019, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE). 

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his immediate family members. On February 20, 2019, our office filed an I-485 adjustment of status application for our client and his family. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client at our office. On September 10, 2019, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Though their interview went well, the visa numbers were not available for their cases in September of 2019. Nevertheless, on November 20, 2019, their I-485 applications were approved by the USCIS. 

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CASE: I-140 / National Interest Waiver

CLIENT: Filipino

LOCATION: Boise, ID

Our client contacted us in March 2019 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from the Philippines and has a Ph.D. Degree in Atmospheric Science. He is already considered an exceptional researcher and scientist in the field of atmospheric science research. 

Our client’s significant contributions have placed him at the pinnacle of his field. Our client’s research centers on ozone, a key air pollutant that is produced from precursor emissions and has adverse impacts on human health and ecosystems. 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 24-page brief for our client’s NIW filing. Our client also obtained 8 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 June 10, 2019. Eventually, on November 20, 2019, the USCIS approved his I-140 petition without any Requests for Evidence.  Now, he can file his adjustment of status application.

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