CASE: Asylum

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client, a Chinese asylum seeker in Cleveland, OH, retained us on January 3, 2018 to help her with her asylum case. She came to the United States in January 2017 with a B-2 visitor’s visa from China. She wanted to seek asylum relief with the US Citizenship and Immigration Service.

While she was in China, she was persecuted and mistreated by the government based on her Christianity belief. She was also persecuted based on her medical conditions as well. She is scared to go back home to China, fearing that she will be persecuted again.

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

The asylum application was filed on January 9, 2018 which was within one year of her entry to the United States.  Thereafter, the CIS issued an interview notice for her asylum case, scheduled for May 3, 2018 in Cleveland, OH USCIS Asylum Office. Prior to her interview, our office prepared her thoroughly for her case at our office to make sure she was able to address questions the asylum officer would ask. Attorney Sung Hee (Glen) Yu from our office also accompanied our client at her interview.

On July 12, 2018, the USCIS approved our client’s asylum case. She is now an asylee and will be eligible to apply for permanent resident status in one year.  

{ 0 comments }

CASE: I-140 / National Interest Waiver

CLIENT: Filipino

LOCATION: Irvine, CA

Our client contacted us in January 2018 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from the Philippines and he is an exceptional researcher and scientist in the field of Hydrology, Geomorphology, Ecology, and Physics.

Our client’s significant contributions have placed him at the pinnacle of his field. He has developed a rigorous quantitative framework based on spectral graph theory to study delta channel network connectivity and demonstrated its value in computing delta’s steady state fluxes and identifying upstream (contributing) and downstream (nourishment) areas and fluxes from any point in the network.  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 27-page brief for our client’s NIW filing. Our client also obtained 6 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 February 15, 2018. Eventually, on July 13, 2018, 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. His adjustment of status application will be approved soon as well.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Egyptian

LOCATION: Cleveland, OH

Our client contacted us in April 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Egypt and obtained his green card in August 2009.

After retention, his N-400 application was filed on April 27, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On July 9, 2018, 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 July 12, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: I-485 Adjustment of Status / Termination of Proceedings
CLIENT: Chinese (Hong Kong)
LOCATION: Cleveland, OH

Our client came to the United States on a valid B-2 visa from Hong Kong in 2002.  Later, she changed her status to F-1 and remained in the United States. She filed an I-485 application as a derivative applicant of her ex-husband in 2007.  However, while the application was pending, our client and her ex-husband were separated. Unfortunately, in 2008, her I-485 adjustment of status application was denied.   She never received the denial notice from the USCIS since she moved to different city in Ohio before her case was denied. Thus, our client never received the Notice to Appear and was not apprised of the fact that she was placed in removal proceedings.  Accordingly, the Detroit Immigration Court issued an in absentia order of removal for our client in August 2010.

In January 2012, our client was picked up by the ICE officers.  She was surprised to find out that she is being held because she had a final order of removal and missed her hearing in August 2010.  She explained her situation, so she was not detained, and was placed on an order of supervision. After this event, our client contacted our firm and eventually retained us in March 2012.  Once we were retained, we asked our client to check with her ex-husband or his relatives whether they received the Notice to Appear for her. We told her that we have to reopen her case first before she can even apply for relief at the Immigration Court.

To rescind the final order, she has to get her case reopened. This is done through a Motion to Reopen filed with the Immigration Judge who gave the final order. Based on this Motion to Reopen, the Immigration Judge can rescind the in absentia order of removal if you are able to show that you did not receive notice of the hearing.

On July 31, 2012, our office filed the Motion to Reopen with the Detroit Immigration Court. Documentation of her address at the date of the final order, a detailed affidavit regarding her addresses and his circumstances around the final order date, documentation of the last address she provided to the immigration service prior to the final order date, and other supporting documents were submitted (20 exhibits). On August 16, 2012, the Detroit Immigration Court granted our motion and reopened our client’s case.

Our client married her Lawful Permanent Resident (LPR) husband in August 2012 in Cleveland, OH. Her husband filed I-130 petition on behalf of her after they got married. Eventually, our client’s I-130 petition was approved in December 2013. Our office represented our client since 2012 for her removal proceeding representations and I-130 filing. Her individual hearing was scheduled at the Cleveland Immigration Court as well.  

In April 2016, our office filed a written request to administratively close our client’s removal proceedings to the DHS Cleveland Office.  In a written brief, our office fully explained that our client’s case is not DHS’s priority for the deportation and explained that our client has I-130 approval, no criminal records, has paid taxes, and has family ties in the United States.  Along with the written brief, our office attached I-485 application and its supporting documents as well.

After the review, the DHS counsel in Cleveland was willing to join in administrative closure of our client’s removal proceedings. In May 2016, the Immigration Judge administrative closed our client’s case.

In August 2017, her husband filed a naturalization application and became a U.S. citizen. Our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on October 24, 2017.

After her proceeding was terminated, our client retained our office again for her I-485 adjustment of status application. Our firm prepared and filed the I-485 Adjustment of Status Application on December 6, 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 at our office. On June 28, 2018, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu also accompanied our clients. The interview went well, and on July 5, 2018, her green card application was approved.

{ 0 comments }

CASE: Fiancé Visa

PETITIONER: US Citizen in New York

BENEFICIARY: British

PETITION FILED: October 16, 2017

PETITION APPROVED: April 16, 2018

K-1 VISA APPROVED: July 10, 2018

Our client, a US Citizen Petitioner, has known her fiancé since 1996. They started their relationship in 2017, and she visited the United Kingdom.  In August 2017, our client’s fiancé came to the United States and spent time with our client and went back to the United Kingdom. They decided to get engaged and our client decided to file a fiancé petition for her fiancé.  She retained our firm to file a fiancé petition for him on October 9, 2017.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on October 16, 2017.

On April 16, 2018, the I-129F fiancée petition was approved. On June 26, 2018, our client’s fiancé appeared at the U.S. Embassy in London, U.K. for his K-1 visa interview. The interview went well, and on July 10, 2018, the U.S. Embassy issued his K-1 visa.

{ 0 comments }

CASE: Asylee Adjustment of Status
CLIENT: Chinese
LOCATION: Albany, NY

Our client came to the United States from China on an F-1 student visa, and through our legal assistance, he was granted asylee status in December 2016 at the New York Immigration Court.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status. Around December 2017, one year after he got his asylee status in the United States, our client contacted our office again and sought legal assistance for his adjustment of status.  We prepared and filed his I-485 Adjustment of Status Application on December 19, 2017. Everything went smoothly and the receipt notice and fingerprint appointment all came on time.

Prior to the interview, we thoroughly prepared our client via conference calls. On July 11, 2018, our client was interviewed at the Latham, New York USCIS Field Office. Attorney Sung Hee (Glen) Yu accompanied him at the interview as well.  The interview went well, and after the interview, the USCIS approved our client’s Adjustment of Status application. He is now a permanent resident of the United States.

{ 0 comments }

CASE: EB-2 I-140    
EMPLOYER: Children’s Mental Health and Child Welfare Agency
BENEFICIARY: Taiwanese Outpatient Services Clinician
LOCATION: Columbus, OH

Our client is a comprehensive children’s mental health and child welfare agency who was willing to petition an Outpatient Services Clinician position for a second-preference petition (I-140).  Our client’s employee has a master’s degree in Social Administration and currently is working for them under H-1B status. After talking to our client, our firm concluded that this employer can petition her as an Outpatient Services Clinician.  Second preference petitions for Taiwanese people are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s prospective employee’s educational, professional and working backgrounds, our office determined that she is clearly eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us on November 2, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On November 8, 2016, the prevailing wage request was filed.  After we obtained determined prevailing wage, our office filed the job order on February 16, 2017. On July 14, 2017, we promptly filed PERM. Eventually, on December 4, 2017, the PERM Labor Certification was approved – an EB2 position for the Taiwanese 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 May 10, 2018 via premium processing service.

However, on May 15, 2018, the USCIS Nebraska Service Center issued Request for Evidence (RFE) and requested our client to submit the documents to show “ability to pay” and special skills for Beneficiary. On May 22, 2018, our office filed Response to RFE and stated that Petitioner’s net current asset figure is sufficient for proffered wage of Beneficiary. Moreover, we included the letter from the Petitioner regarding the proof that Beneficiary already obtained her special skills for the proffered position.

Eventually, on June 4, 2018, the I-140 EB2 Petition for our Taiwanese client was approved. She can file an I-485 adjustment of status application for her green at any time since her priority dates are current.

{ 0 comments }

CASE: I-485 based on Approved I-140 (EB-3)

APPLICANT: Filipino

LOCATION: Newark, NJ

Our client came from the Philippines with a B-2 visitor’s visa in January 2017. He is a registered nurse in the Philippines and has an approved EB-3 I-140 petition from his prospective employer with a 2008 priority date.  While he was staying in the United States as a visitor, his priority date became current. He contacted our office to determine whether he can file his adjustment of status.

He retained us for his I-485 adjustment of status application on April 6, 2017. Our office filed an I-485 adjustment of status application for our client on April 13, 2017. 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 May 22, 2018, our client was interviewed at Newark, NJ USCIS office. Eventually, on June 18, 2018, his green card application was approved.

{ 0 comments }

CASE: Adjustment of Status at Removal Proceeding
CLIENT: Nigerian
LOCATION: New Orleans, LA

Our client came to the United States in January 2009 with an F-1 student visa from Nigeria.  He married a U.S. Citizen in February 2014.  Our client’s wife filed an I-130 petition on behalf of our client, and this I-130 petition was approved by the USCIS New Orleans Field Office in October 2016.  After it was approved, our client contacted our office to seek legal representation at the Immigration Court and adjustment of status hearing. He also wanted us to file a Request to Join in a Motion to Terminate to the USDHS office in New Orleans.  

Our client retained us on February 10, 2017. Once retained, our office filed Request to Join in a Motion to Terminate to USDHS office in New Orleans on March 10, 2017. However, the DHS office refused to join in a Motion to Terminate. Thereafter, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the New Orleans Immigration Court.   

On May 10, 2018, Attorney Sung Hee (Glen) Yu represented our client’s at his Individual Hearing for adjustment of status at the New Orleans Immigration Court.  After the direct and cross examination, the Immigration Judge informed both parties that he will send the written decision. On June 25, 2018, the Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal proceeding is terminated simultaneously. Now, our client becomes a green card holder.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Senegalese

LOCATION: Houston, TX

Our client contacted us in January 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Senegal and obtained his green card in November 2012 through his marriage to a U.S. citizen spouse.

Once retained, his N-400 application was filed on January 31, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On May 18, 2018, our client appeared at the Houston, Texas 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 July 2, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }