CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Kenyan

LOCATION: Huntsville, AL

Our client contacted us in January 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 March 2016 through her marriage to her current U.S. citizen husband. 

Upon retention, her N-400 application was filed on January 24, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On October 17, 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 the same day of her interview. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Immigrant Visa / I-140 (EB-2 Category) / Schedule A 

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Thailand / Petitioner: Houston, TX

Our Filipino client is currently working in Thailand as a nurse supervisor. His prospective employer-sponsor was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a Bachelor’s degree in nursing and 5 years of experience as a nurse supervisor and a coordination nurse. He also has a registered nursing license in the state of Texas. 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 November 21, 2018 via premium processing. We included a 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 the nurse manager position falls under a Schedule A and EB2 designation.

Eventually, on December 5, 2018, the USCIS Texas Service Center approved his EB-2 I-140 petition. 

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on May 13, 2019, who in turn forwarded the client’s materials to the U.S. Embassy in Bangkok, Thailand. An interview notice was set for the client at the U.S. Embassy in Thailand. On October 22, 2019, our client appeared at the U.S. Embassy in Bangkok, Thailand. The interview went well, and the Embassy approved and issued his immigrant visa.

With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: I-485 / I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Palo Alto, 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 Neurology and Neuroscience research. 

Our client’s significant contributions have placed him at the pinnacle of his field. Throughout his research career, our client has pioneered the development of cutting-edge neuroscience methods to both enable and accelerate the investigation of the functional brain circuits. Specifically, his research studies provide critical insights into how we can restore dysfunctional motor circuits in patients suffering from devastating motor diseases. 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 23-page brief for our client’s NIW filing. Our client also obtained 5 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 August 27, 2018. Eventually, on April 19, 2019, the USCIS approved his I-140 petition without any Requests for Evidence.  

When we filed his I-140, he concurrently filed his I-485 adjustment of status application. 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 October 17, 2019, our client was interviewed at Santa Clara California USCIS office. Eventually, on October 18, 2019, our clients’ green card applications were approved. The derivative applicants of this case (his wife and daughters) also received I-485 approval.  Now, our client and his family members become green card holders. 

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Jordanian

LOCATION: Broadview Heights, OH

Our client contacted us in July 2019 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Jordan and he obtained his green card in September 2015 through his marriage to his current U.S. citizen wife. 

Upon retention, his N-400 application was filed on August 5, 2019, with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On October 17, 2019, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all the questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on the same day of his interview. His oath-taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Iranian

LOCATION: Lakewood, OH

Our client came to the United States from Iran with a F-1 student visa in February 2013. He married a U.S. Citizen in August 2018 and retained our office on April 18, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 22, 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 October 17, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients as well. Eventually, on the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                       

LOCATION: Charlotte, NC

Our client is from India who came to the U.S. on a F-1 student visa. In April 2018, our client married his current U.S. citizen wife.  He 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 October 5, 2018. 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 October 1, 2019, our client was interviewed at the Charlotte North Carolina USCIS office. Eventually, on October 11, 2019, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Zambian

LOCATION: Newburgh Heights, OH

Our client contacted us in July 2019 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Zambia and obtained his green card in November 2015 through his marriage to his current U.S. citizen wife. 

Upon retention, his N-400 application was filed on July 25, 2019 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On October 15, 2019, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on October 17, 2019. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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

NATIONALITY: Korean

LOCATION: Cleveland, OH

Our client is from South Korea who came to the U.S. on a J-1 Visa in 2018 to work as a researcher. His J-1 program made him subject to the two-year foreign residence requirement. He retained our office to seek legal assistance for his I-140 (National Interest Waiver Classification) and I-485 Adjustment of Status applications. Before we can file his I-485 application, he had to get a waiver of his two-year foreign residency requirement first.  

Once retained, our office promptly prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Chicago to pursue the waiver for our client.  The Consulate 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 the 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 23, 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 file a National Interest Waiver petition and adjustment of status application.

The Korean Consulate General in Chicago 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 4, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on October 11, 2019, the USCIS issued I-612 approval notice and waived our client’s 2 year foreign residency requirement.

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CASE: I-751

APPLICANT: Mexican

LOCATION: Fort Worth, TX

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

He is from Mexico and he married a U.S. citizen in July 2015. Through his marriage, he obtained a 2-year conditional green card in September of 2016 though the representation of our firm.  His conditional residency terminated in September 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 May 21, 2018, and our office prepared an I-751 application for our client with other supplemental exhibits.

On July 10, 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. 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 September 12, 2019.  

As a result, on October 2, 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: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: McComb, OH

Our client came to the United States from China on a B-2 visitor’s visa in May 2016. After her authorized stay period expired, she remained in the United States. She married a U.S. Citizen in February 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 May 8, 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 October 3, 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 October 8, 2019, her green card application was approved.

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