CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Fairfax, VA

Our client came to the United States from Ghana on a F-1 student visa to pursue her Master’s degree in the United States. She married a U.S. Citizen in April 2016 in Ohio and they have lived together in Ohio until August 2017.  In August 2017, our client started her new job in Washington DC so she had to move to DC area. However, her husband was still in school, so he had to stay in Ohio. Nevertheless, our client maintained her bona fide marital relationship with her husband.

She retained our office on May 4, 2018 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on June 12, 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 January 8, 2019, our client was interviewed at Fairfax, Virginia USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Our client’s interview was very intense and the USCIS officer separated our client and her husband during the interview. Nevertheless, the couple was able to answer a majority of the questions in the two-hour interview.

Nonetheless, the USCIS office issued Request for Evidence on January 9, 2019 regarding our client’s husband’s child-support documents and school records. Our office filed the Response for RFE on January 28, 2019.  Eventually, on March 4, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina

LOCATION: Denver, CO

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in April 2018. In June 2018, our client married her current U.S. citizen husband.  She retained our office for her green card application, and our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 23, 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 February 28, 2019, our client was interviewed at the Centennial Colorado USCIS office.  Eventually, on the same day of the interview, her green card application was approved.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Montana

Our client came from the Philippines on a J-1 visa in August 2016 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement.

In May 2018, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On June 19, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On August 8, 2018, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On December 11, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on February 22, 2019, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: Cleveland, OH

Our client entered the United States in June 2018 from South Korea under the visa waiver program. He came here to visit his U.S. citizen girlfriend (now his wife) during the summer. As a Visa Waiver Entrant, he was only authorized to remain in the United States only for 90 days.  

Later, in July of 2018, our client and his U.S. citizen girlfriend married in the United States. He contacted our office and retained our office on August 1, 2018.  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 Cleveland, 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 August 7, 2018.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized stay period was expired. 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 our clients. On March 5, 2019, our client was interviewed at the Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  Despite the visa waiver issue, the USCIS officer approved her green card application on March 6, 2019.  Now, our client becomes a green card holder.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Baltimore, MD

Our client contacted us in January 2018 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in December 2012.  

After retention, her N-400 application was filed on February 28, 2018, with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On February 14, 2019, our client appeared at the Baltimore, Maryland 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 February 15, 2019. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Burkinabe

LOCATION: Cleveland, OH

Our client came to the United States from Burkina Faso on a F-1 student visa in January 2018. He married a U.S. Citizen in July 2018 and retained our office on July 17, 2018 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 15, 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. On February 19, 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 February 26, 2019, his green card application was approved.

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CASE: EB-3 I-140    
EMPLOYER:  Oleo-chemical manufacturer company in Boston, MA
BENEFICIARY: Malaysian Financial Planning & Analysis Manager

Our client is from Malaysia. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Business Administration. After talking to our client, our firm concluded that his employer can petition him as a Financial Planning & Analysis Manager. Based on our client’s education and work background, our office determined that he clearly 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 May 2, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on August 14, 2018. On October 17, 2018, we promptly filed PERM. Eventually, on January 8, 2019, the PERM Labor Certification was approved – an EB3 position for the Malaysian 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 February 1, 2019 via premium processing service. Eventually, on February 14, 2019, the I-140 EB3 Petition for our Malaysian client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green card at any time.

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Akron, OH

Our client contacted us in December 2017 about the possibility of doing a National Interest Waiver self-petition. He is a Ph.D. student from South Korea and he has a Master’s Degree in Engineering. Though he is a Ph.D. student, he is already considered as an exceptional researcher and scientist in the field of polymer engineering and nanofabrication research.

Our client’s significant contributions have placed him at the pinnacle of his field. He has made important contributions to the field of nanofabrication based on layer-by-layer (LbL) assembly using two-dimensional (2D) materials. LbL assembly technique can create ultrathin films and highly tunable surfaces using diverse combinations of nanomaterials on various supports. Our client has incorporated 2D materials (e. g. graphene and molybdenum disulfide) into thin films using LbL assembly technique to produce materials with designed functionality. Because of his innovative experimental 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 22-page brief for our client’s NIW filing. Our client also obtained 7 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. His NIW application contained 26 exhibits (Exhibit A to Z).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on July 30, 2018. Eventually, on February 14, 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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Case: I-130/I-485
Applicant/Beneficiary – British
Location: New Jersey

Our client entered the United States in February 2018 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  In April 2018, our client and her U.S. citizen boyfriend married in the United States.

After they got married, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office. 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 New Jersey, 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 May 21, 2018.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized stay period was expired. 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 via conference call. On February 22, 2019, our client was interviewed at the Mount Laurel, New Jersey USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved her green card application on the same day of the interview.  Now, our client becomes a green card holder.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Nigerian

LOCATION: Pittsburgh, PA

Our client contacted us in November 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Nigeria and obtained his green card in October 2015 through his marriage to his U.S citizen spouse.

After retention, his N-400 application was filed on November 26, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On January 31, 2019, our client appeared at the Pennsylvania, PA 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 February 15, 2019. His oath

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