CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted us in November 2018 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from China and obtained her green card in February 2014.

Her N-400 application was filed on December 6, 2018 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On February 15, 2019, our client appeared at the Cleveland, OH 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 the interview. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Green Card (I-130 / I-485)

NATIONALITY: Philippines

LOCATION: Indianapolis, IN

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 August 2017, 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 February 14, 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 April 2, 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 July 23, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on August 7, 2018, the USCIS issued an I-612 approval notice for the waiver.

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 4, 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 through conference calls. On January 31, 2019, our client was interviewed at the Indianapolis, Indiana USCIS office.  The interview went well, and eventually, on February 11, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Pakistani                                                                                                        

LOCATION: Cleveland, OH

Our client is from Pakistan who came to the U.S. on a B-2 visitor’s visa in February 2018. In May 2018, our client married his current U.S. citizen wife.  He retained our office on June 5, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 21, 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 at our office. On November 20, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients at their interview as well.  Eventually, on January 23, 2019, his green card application was approved.

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CASE: I-751

APPLICANT: Indian

LOCATION: North Carolina

Our client contacted our office in September of 2017 regarding his I-751 application.

He is from India and he married a U.S. citizen in September 2015. Through his marriage, he obtained a 2-year conditional green card in January of 2016.  His conditional residency terminated in January 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 October 2, 2017, and our office prepared an I-751 application for our client with other supplemental exhibits.

On October 16, 2017, 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 February 7, 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-140 (Skilled Worker) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Nepalese

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from Nepal and licensed in the state of Texas. She came to the United States on a valid visa and she is currently working in the United States with her TPS (Temporary Protected Status).  Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140).

Since she is a registered nurse, she 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 Professional Nurses is included in Schedule A.

Our client has an Associate of nursing degree and has worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on June 15, 2016 and started on her Prevailing Wage Request.

We filed the I-140 application on January 14, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. However, on January 23, 2019, the USCIS issued Request for Evidence and asked our client to submit the copy of petitioner’s most recent tax return. Our office filed the response to USCIS on January 25, 2019.  Eventually, on February 7, 2019, the I-140 was approved.

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CASE: I-140 / EB-11 (Alien of extraordinary ability)

CLIENT: Korean

LOCATION: Seoul, South Korea

Our client contacted us regarding the possibility of getting an immigrant visa through the EB-11 category. He is a world-renowned Taekwondo coach and is currently working as a coach for one of the best Taekwondo teams in South Korea.  Our client was a former Asian champion as a Taekwondo athlete and one of his students won the gold medal at the 2016 Rio de Janeiro Olympics. Also, he was a coach and the head coach for the national Taekwondo teams multiple times in his career. Upon review of his credentials and qualifications, our office determined that he was qualified for the EB-11 category, an alien of extraordinary ability.

According to the INA Section 203(b) states, in pertinent part, that:

1. Priority workers – visas shall first be made available… to qualified immigrants who are aliens described in any of the following sub-paragraphs (A) through (C):

1. Aliens with extraordinary – an alien is described in this sub-paragraph if-

1. The alien has extraordinary ability in the sciences, arts, education, business, or athletes which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
2. The alien seeks to enter the United States to continue work in the area of extraordinary ability, and
3. The alien’s entry into the United States will substantially benefit prospectively the United States.

USCIS has consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant visas as aliens of extraordinary ability.  See H.R. 723 101st Cong.2d Sess. 59 (1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991).  The term “extraordinary ability” refers only to those individuals in that small percentage who have risen to the very top of the field of endeavor. Id. And 8 C.F.R. § 204.5(h)(2).

The regulation at 8 C.F.R. § 204.5(h)(3) requires that an alien demonstrate his or her sustained acclaim and the recognition of his or her achievements in the field.  Such acclaim and achievements must be established either through evidence of a one-time achievement (that is, a major international recognized award) or through meeting at least three of the following ten categories of evidence:

1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

1. Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

1. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.  Such evidence shall include the title, date, and author of the material, and any necessary translation;

1. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

1. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

1. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;

1. Evidence of the display of the alien’s work in the field at an artistic exhibitions or showcases;

1. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

1. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

1. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

After the review of our client’s credentials and qualifications, we determined that our client meets 5 of the 10 categories, which is more than 3 required as an alien of extraordinary ability. Our client has made an original contribution to the sport of Taekwondo; has been awarded numerous national and international coaching awards and his student-players have won numerous national and international competitions including Summer Olympics; has played a critical role for distinguished organizations; has a membership in an organization with distinguished reputation that requires outstanding achievement; and our client’s coaching successes were published in professional and major media.

Our office prepared a 21-page brief for our client’s EB-11 filing. Our client also obtained 4 letters of recommendation from World Taekwondo Federation, former Olympic champions, Taekwondo head coaches from other national teams, etc. Our office also included his coaching records, awards, media coverage, medals, athletic career records, and other materials to show that he is an alien of extraordinary ability in Taekwondo coaching. His EB-11 I-140 application contained 31 exhibits.

Our office filed his I-140 (EB-11) petition to the USCIS Nebraska Service Center via premium processing service on February 4, 2019. On February 8, 2019, within a week of the filing, the USCIS Nebraska Service Center approved his I-140 self-petition.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Ghanaian

LOCATION: Columbus, OH

Our client contacted us in August 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Ghana and he obtained his green card in May 2012.

After retention, his N-400 application was filed on August 24, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On November 28, 2018, our client appeared at the Columbus, 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 February 4, 2019. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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

APPLICANT: Filipina Physical Therapist

LOCATION: Manila, Philippines

Our client is a physical therapist in the Philippines. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a physical therapist, she 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 Physical Therapist is included in Schedule A.

Our client has U.S. equivalent Master’s degrees in Physical Therapy and is a licensed physical therapist in the State of Texas. Our office was retained on May 9, 2018 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on September 10, 2018 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 September 24, 2018, the USCIS Texas Service Center approved her EB-2 I-140 petition.

After the approval of the I-140 petition, our client retained us again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on October 31, 2018, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Philippines. On January 9, 2019, our client appeared at the U.S. Embassy in Manila, Philippines. Eventually, after the interview, the Immigrant Visa was issued for our client.

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

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Sudanese

LOCATION: Ohio

Our client contacted us in August 2018 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Sudan and obtained her green card in January 2015 through her current marriage to her US Citizen Spouse.

Once retained, her N-400 application was filed on October 29, 2018 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On January 8, 2019, our client appeared at the Cleveland, Ohio USCIS office for her naturalization interview. Attorney JP Sarmiento from our office also accompanied our client as well. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on January 10, 2019. Her oath taking is scheduled in which she will

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Indian

LOCATION: Dallas, TX

Our client came to the United States from India on an F-1 student visa. He married his U.S. Citizen same-sex spouse in May 2017.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law.

They married in Delaware where the same-sex marriage is recognized. Our client contacted our office and retained us on June 12, 2017 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on July 21, 2017. 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 31, 2019, our client was interviewed at the Irving, Texas USCIS office. The interview went well and his green card application was approved on the same day.

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