CASE: I-485 Adjustment of Status / I-140 (EB-2)

CLIENT: Korean Operations Research Analyst

LOCATION: Dallas, Texas

Our client is from South Korea and his prospective employer was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Business Administration. After talking to our client, our firm concluded that his employer can petition him as an Operations Research Analyst. Based on our client’s education and work background, our office determined that he is clearly eligible for EB-2 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 18, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on August 8, 2017. On October 11, 2017, we promptly filed PERM. Eventually, on March 19, 2018, the PERM Labor Certification was approved – an EB2 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 April 13, 2018 via premium processing service. Eventually, on April 26, 2018, the I-140 EB2 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 wife. On May 15, 2018, our office filed an I-485 adjustment of status application for our clients. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our clients via conference calls as well. On October 29, 2018, our clients were interviewed at Irving Texas USCIS office.  Their interview went well; and eventually, their I-485 applications were approved by the USCIS on October 30, 2018.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: California

Our client came from the Philippines on a J-1 in September 2013 to work as a teacher. She was subject to the two-year foreign residency requirement. Later, she got married to her U.S. citizen husband and 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 8, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the California 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 Los Angeles for further authentication.  On July 27, 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 September 13, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on October 11, 2018, 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: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Indonesian

LOCATION: Atlanta, GA

Our client came to the United States in July 2017 as a K-1 visa entrant from Indonesia.  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.

Our client contacted our office initially in August 2017 and consulted with us for her adjustment of status application. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on September 6, 2017.  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 October 23, 2018, our clients were interviewed at the Atlanta, Georgia USCIS office. After the interview, her green card application was approved on the same day.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Romanian

LOCATION: Toledo, OH

Our client contacted us in July 2018 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Romania and obtained her green card in September 2013.

After we were retained, her N-400 application was filed on July 16, 2018 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On October 2, 2018, 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 October 23, 2018. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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

Our client is a South Korean citizen who married her US Citizen husband in October 2017 in Seoul, South Korea. Our client’s husband would like to file an I-130 petition for our client. They contacted and retained our office on October 3, 2017.

Once retained, our office prepared and filed the I-130 petition for our client to the USCIS on October 30, 2017. After the I-130 petition was filed, everything went smoothly, there were no requests for evidence, and the receipt notice came on time. The I-130 Petition was approved on May 15, 2018.

Then, we filed the immigrant visa packets to the National Visa Center on August 22, 2018, who in turn forwarded our client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the U.S. Embassy in Seoul, and we prepared her for the interview. On October 22, 2018, the interview was conducted.  The interview went well and after the interview, the U.S. Embassy in Seoul, South Korea approved and issued her immigrant visa.

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: Marriage-Based Adjustment of Status

NATIONALITY: Korean

LOCATION: Cleveland, OH

Our client is from South Korea who came to the U.S. on a F-1 student visa to study music. In March 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 June 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 at our office. On October 18, 2018, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu from 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 (Petition for Father) and Adjustment of Status

CLIENT: Nigerian

LOCATION: Cleveland, OH

Our client retained us to petition his father for his green card. Our client was born and raised in Nigeria, but was naturalized in the United States in 2018. He contacted our office in June of 2018 and discussed with us the green card process. His father came to the United States from Nigeria on a B-2 visitor’s visa in May 2004 and changed his status to F-1 later. After consultation, he retained our office again on June 6, 2018.

Once retained, our firm prepared and filed the I-130 Petition and Adjustment of Status Application on June 29, 2018 for his father.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On September 27, 2018, our client appeared at his I-485 adjustment of status interview at Cleveland, Ohio USCIS Field Office. Prior to the interview, our office prepared him at our office and also accompanied him at his interview. Eventually, on October 17, 2018, our client’s father’s adjustment of status application was approved. Now, he is a green card holder.

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

CLIENT: US Citizen Petitioner Daughter; Jordanian Beneficiary Father in Jordan

LOCATION: Petitioner: Ohio; Beneficiary: Amman, Jordan

I-130 FILED: March 29, 2017

I-130 APPROVED: October 25, 2017

IV APPROVED: October 11, 2018

Our client retained us to bring his father over from Jordan. She was born and raised in Jordan, but was naturalized in the United States. Her father took voluntary departure in 2006 to Jordan as a result of his removal proceeding case.

Once retained, on March 29, 2017, our firm filed the I-130 Petition to the CIS.  On October 25, 2017, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get her father over to the United States.

On April 30, 2018, we filed the immigrant visa packet to the National Visa Center who in turn forwarded our client’s materials to the U.S. Embassy in Amman, Jordan. An interview notice was set for our client’s father at the U.S. Embassy in Amman, Jordan, and we prepared him for his interview. On October 11, 2018, the U.S. Embassy in Amman, Jordan approved and issued his immigrant visa.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: India                                                                                                        

LOCATION: Cleveland, OH

Our client is from India who came to the U.S. on an H-1B visa. In August 2017, our client married his current U.S. citizen wife.  He retained our office on February 13, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 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 at our office. On October 11, 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 October 12, 2018, his green card application was approved.

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CASE: I-485 Adjustment of Status / I-140 (EB-3)

CLIENT: Korean In-House Graphic / Web Design Specialist

LOCATION: Cleveland, OH

Our client had a prospective employer that was willing to petition her for a third-preference petition (I-140).  Our client has a bachelor’s degree in a graphic design in the United States and work experience. Based on our client’s education and  professional background, our office determined that she is eligible for EB-3 classification for her I-140 petition. Our client eventually retained us in May 2016.

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 4, 2016. On April 7, 2017, we promptly filed PERM.

However, on August 22, 2017, 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 September 5, 2017.  Eventually, on December 11, 2017, 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 31, 2018 via premium processing service. Eventually, on February 12, 2018, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On February 20, 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 at our office as well. On July 30, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. However, the priority date of Eb-3 category for the Korean national backlogged. Our client had to wait until the priority date becomes current. In October 2018, her priority date becomes current. Eventually, her I-485 application was approved by the USCIS on October 12, 2018.

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