CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition

Our client is a U.S. Citizen who married her husband in Egypt in October 2018.  After the marriage, she came back to the United States to work and wanted to file the I-130 petition for her husband in Egypt.  She retained our office in October 2018 and our office prepared and filed the I-130 petition on October 22, 2018. This I-130 Petition was approved by the USCIS in February 2019. Once the I-130 petition was approved, she retained us again to bring her husband to the States via consular processing.

Once retained, we filed the immigrant visa packets to the National Visa Center on April 26, 2019, who in turn forwarded our client’s materials to the U.S. Embassy in Cairo, Egypt. An interview notice was set for the client at the US Embassy in Cairo, and we prepared him for the interview. On November 26, 2019, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Cairo, Egypt approved and issued his immigrant visa.

With the approved immigrant visa, our client’s husband can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Peruvian

LOCATION: Broadview Heights, OH

Our client contacted us in August 2019 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Peru and obtained his green card in July 2010. 

Upon retention, his N-400 application was filed on September 5, 2019 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On November 15, 2019, our client appeared at the USCIS Cleveland Ohio USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, on November 19, 2019, 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-2)

 APPLICANT: Korean

 LOCATION: Bowling Green, Ohio

Our client is an assistant professor from South Korea, who is currently teaching at a state university which was willing to petition her for a second-preference petition (I-140).  Our client has a Ph.D. degree and has worked for this school since 2017. She has maintained her status as an H-1B visa holder in the United States. She had an approved I-140 petition which was filed by her current employer and this I-140 petition’s priority date was June 12, 2018.

In November 2018, she contacted our office and retained us for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on March 14, 2019. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On September 17, 2019, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. Though her interview went well, the visa numbers were not available for her case in September of 2019. Nevertheless, on November 15, 2019, her green card application was approved.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Thai

LOCATION: Garfield Heights, OH

Our client came to the United States in March 2019 as a K-1 visa entrant from Thailand.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States. She married in June of 2019. 

Our client contacted our office initially and consulted with us for her adjustment of status application. She retained our office on June 4, 2019. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on June 24, 2019.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

Thereafter, the USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients via conference calls. On November 14, 2019, our clients were interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento form our office also accompanied our clients. Eventually, on the same day of the interview, her green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – German
Location: Chicago, IL

Our client entered the United States in May 2019 from Germany under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days. Our client and her U.S. citizen boyfriend married at the end of May 2019. 

In June 2019, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on June 4, 2019.  One main issue in her green card application through marriage 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 Chicago, IL, 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 her application because of her visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on June 28, 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. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared them via conference calls. On November 14, 2019, our client was interviewed at the Chicago Illinois USCIS Field Office. Despite the visa waiver issue, the USCIS officer approved her green card application on November 15, 2019.  Now, our client becomes a green card holder.

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CASE: I-130/I-485

NATIONALITY: Kenyan                                                                                                        

LOCATION: Centennial, Colorado

Our client is from Kenya who came to the U.S. on a J-1 Visa in February 2016 to work at a non-profit organization in the U.S.  His program sponsor was willing to sponsor him if he can change his non-immigrant status. However, he will not be able to change his status unless he gets a waiver for the 2-year foreign residency requirement.  When he came to the United States in 2016, his program was clearly subject to the 2-year foreign residency program. 

Thereafter, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Kenyan Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Kenyan Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver, the clearance letter from J-1 program sponsor, Clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining J-1 waiver.  

On March 16, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Kenyan Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to change his status if he gets the waiver. 

Eventually, the Kenyan Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On April 14, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On April 24, 2017, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. 

Our client married U.S. citizen in January 2019 and retained our office r again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 1, 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 through conference calls. 

On November 14, 2019, our client was interviewed at the Centennial, CO USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients.  The interview went well, and eventually, on the same day of the interview, his green card application was approved.

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

NATIONALITY: Korean                                                                                                           

LOCATION: Schaumburg IL

Our client is from South Korea who came to the U.S. on a J-1 Visa in February 2018.  Later, he married his current U.S. citizen wife and filed an adjustment of status application. At the time of his adjustment of status application filing, he did not know that he needed to get a waiver for his two-year foreign residency requirement.  After he found out that he needed a waiver for his adjustment of status case, he contacted our office. 

He retained our office on August 9, 2018 for his J-1 waiver case. Once retained, Attorney Sung Hee (Glen) Yu from our office promptly contacted the Korean Consulate General Office in Chicago 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 August 14, 2019, 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 Chicago 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 October 24, 2019, 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 November 15, 2019. 

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CASE: Asylum

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client, a Chinese asylum seeker in Cleveland, OH, retained us on January 7, 2015 to help him with his asylum case. He came to the United States in August 2014 with a F-1 Student visa from China. He wanted to seek asylum relief with the US Citizenship and Immigration Service.

While he was in China, he was persecuted and mistreated by the government based on his Christianity belief. He is scared to go back home to China, fearing that he will be persecuted again.

We helped him to prepare for his asylum application, going over several drafts until his claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to his asylum claim were addressed. We also asked him to provide supporting documents corroborating his claims. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution that Chinese Christian would suffer.

The asylum application was filed on May 15, 2015 which was within one year of his entry to the United States.  Thereafter, the CIS issued an interview notice for his asylum case, scheduled for November 8, 2018 in Cleveland, OH USCIS Asylum Office. Prior to his interview, our office prepared him thoroughly for his case at our office to make sure he was able to address questions the asylum officer would ask. Attorney Sung Hee (Glen) Yu from our office also accompanied our client at him interview. 

On November 5, 2019, the USCIS approved our client’s asylum case. He is now an asylee and will be eligible to apply for permanent resident status in one year. 

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CASE: I-485 Adjustment of Status based on Approved EB-2 Schedule A I-140

EMPLOYER: Outpatient Mental Health Center

BENEFICIARY: Korean Nurse Practitioner

LOCATION: Orem, Utah

Our client is a certified mental health nurse practitioner. His current employer was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he is a certified mental health nurse practitioner, she was 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 a Ph.D. degree in nursing and is a certified Nurse Practitioner. Our office was retained on August 9, 2018, and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 18, 2019 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 January 30, 2019, the USCIS Nebraska Service Center approved his EB-2 I-140 petition. 

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 wife. On February 26, 2019, our office filed an I-485 adjustment of status application for our client and his wife. 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 16, 2019, our client was interviewed at Salt Lake City Utah 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 13, 2019, their I-485 applications were approved by the USCIS. 

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Guyanese

LOCATION: Shorewood, Wisconsin

Our client contacted our office in August of 2018 regarding his potential I-751 filing. He came to the United States from Guyana and he married a U.S. Citizen (his ex-wife) in November 2015.

Through his marriage, he was able to obtain a 2-year conditional green card in November of 2016 with our office’s legal assistance. Thus, his conditional residency terminated in November 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 on August 8, 2018, and our office prepared an I-751 application for our client with other supplemental exhibits.

On August 13, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, joint tax documents, , and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Unfortunately, while his I-751 case was pending, their marriage ended in March 2019. Our client experienced a lot of difficulties during his marriage with her ex-wife. Thus, our client could not continuously pursue his I-751 joint filing application. In July 2019, the USCIS issued Request for Evidence and requested our client to submit more bona fide marital documents. 

When we prepared a Response to RFE for our client, we requested to change our client’s I-751 from joint filing to a waiver of joint filing because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment. We sent this request based on the April 3, 2009  Donald Neufeld USCIS Memorandum entitled “I-751 Filed Prior to Termination of Marriage”, which allows for these applications to be converted to a waiver, if the divorce happened during the pendency of a jointly filed I-751 application. 

The memorandum, in part, states, on page 3:

“If the Conditional Permanent Resident provides evidence that the proceedings (divorce) have been finalized, the ISO amends the I-751 petition to indicate that the CPR is eligible for a waiver of the joint filing requirement based on termination of marriage and adjudicates the petition on the merits in accordance with established procedure. In so doing, the ISO determines whether there is sufficient evidence the CPR entered the marriage in good faith, or whether the case warrants relocation to a Field Office for an in-person interview.”

On September 21, 2019, our office filed Response to RFE along with a detailed affidavit from our client and various supporting documents to demonstrate our client’s bona fide marriage with his ex-wife.  

Eventually, the USCIS approved our client’s I-751 application on November 4, 2019. Now, he has his ten-year green card.

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