CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chilean

LOCATION: Cleveland, OH

Our client contacted us in November 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Chile and obtained his green card in December 2006.

After retention, his N-400 application was filed on December 11, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On March 1, 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.

However, USCIS issued a Request for Evidence after the interview. They requested our client to submit his military discharge record. He submitted his military record to USCIS on April 2, 2018.  

Eventually, his application was approved on May 29, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: Cincinnati, OH

Our client is a citizen of China who came to the U.S. on a J-2 Visa in 2009.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

He turned 21 in 2011. He would like to get a waiver because he has a prospective employer who will file an H-1B petition for him next year. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in November 2011.

Our firm was retained to do his J-2 waiver, and on April 12, 2018, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on May 4, 2018, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On May 29, 2018, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-140 (EB-2)

EMPLOYER: Public Schools District

BENEFICIARY: Filipina Speech Language Pathologist

LOCATION: Kansas

Our client has a current employer who was willing to petition her for a third-preference petition (I-140).  Our client has a master’s degree in speech language pathology, a valid Kansas speech language pathologist license, and has worked for her current employer since August 2014. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us in November 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 March 21, 2017. On July 17, 2017, we promptly filed PERM.

However, on December 18, 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 December 28, 2017.  Eventually, on March 19, 2018, the PERM Labor Certification was approved – an EB2 position for the Filipina 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 14, 2018 via premium processing service. Eventually, on May 25, 2018, the I-140 EB2 Petition for our Filipina client was approved without any Request for Evidence (RFE). She can file an immigrant visa via consular processing since her priority dates are current.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nepalese                                                                                                    

LOCATION: Cleveland, Ohio

Our client is from Nepal who came to the U.S. on a F-1 student visa in 2014. In December 2017, our client married her current U.S. citizen husband.  After she got married, she 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 January 19, 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 as well. On May 9, 2018, our client was interviewed at the Cleveland Ohio USCIS office. On May 15, 2018, her green card application was approved.

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CASE: I-140 (EB-3 Category) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. She came to the United States and currently works in the United States on her E-2 status.  Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse.

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 a nursing degree and has Texas Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on January 11, 2018 and started on her Prevailing Wage Request.

We filed the I-140 application on May 2, 2018 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. Without any issuance of Request for Evidence (RFE), on May 17, 2018, the I-140 was approved. Now, our client can file an I-485 adjustment of status application based on the approved I-140 petition when her priority dates become current.

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CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Egyptian Periodontist

Our client is from Egypt, who is currently working in the United States as an associate periodontist under his OPT. His current employer as willing to do an immigration petition for him, second-preference. Our client has a dentistry degree in Egypt which is evaluated as an equivalent degree of Doctor of Dental Medicine degree the United States. He also has a license to practice dentistry in the state of Ohio and has 3 years of residency training in periodontics.  After talking to our client, our firm concluded that his employer can petition him as an associate periodontist. Based on our client’s educational, professional and working backgrounds, 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 August 18, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 1, 2017. On January 16, 2018, we promptly filed PERM. Eventually, on May 18, 2018, the PERM Labor Certification was approved – an EB2 position for the Egyptian beneficiary. Now our client can file the I-140 petition.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Syrian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Syria who came to the U.S. on a J-1 exchange visitor’s visa to pursue his neurology research. His J-1 program was not subject to the INA 212(e) two year foreign residency requirement. In September 2017, our client married his current U.S. citizen wife.  He retained our office on October 2, 2017 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 27, 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 May 14, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients at their interview as well.  Eventually, on May 15, 2018, his green card application was approved.

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CASE: I-130 / I-485 / J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Honduran

LOCATION: Missouri

Our client is a citizen of Honduras who came to the U.S. on a J-2 Visa in August 1991.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas. After his father’s J-1 program was completed, his family remained in the United States.

He turned 21 in December 2000. He has U.S. citizen fiancé who can file I-130 petition for him after their marriage is entered. However, because of his two-year foreign residency requirement, our client cannot file his adjustment of status application in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in December 2000.

Our firm was retained to do his J-2 waiver, and on March 10, 2017, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on March 27, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On April 5, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request. After his J-2 waiver was approved, he married his U.S. citizen fiancé.

Once his J-2 waiver was approved, our client retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on December 22, 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 through conference calls. On May 15, 2018, our client was interviewed at the Kansas City, MO USCIS office.  The interview went well, and eventually, on the same day of the interview, his green card application was approved.

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CASE: I-140 (EB-2)

EMPLOYER: Church

BENEFICIARY: Korean Education Pastor

LOCATION: Tampa, FL

Our client’s current employer was willing to petition him for a second-preference petition (I-140).  Our client has a master’s degree in divinity in the United States and currently works for the church with R-1 visa. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us on January 3, 2017.

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 April 5, 2017. On June 26, 2017, we promptly filed PERM.

However, on October 2, 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 October 17, 2017.  Eventually, on March 7, 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 audited balance sheet, and other necessary supporting documents.

The I-140 Petition was filed on May 8, 2018 via premium processing service. Eventually, on May 18, 2018, the I-140 EB2 Petition for our Korean client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green at any time since his priority dates are current.

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CASE: I-130 and Consular Processing
CLIENT: US Citizen Petitioner; Filipino Beneficiary
LOCATION: Petitioner: New Mexico; Beneficiary: Manila, Philippines

Our client is a U.S. citizen who married a Filipina lady in New Mexico in 2015. As our previous success story shows, our client’s Filipina wife got her green card through our office’s legal assistance in November 2015.  

Our client’s wife has a son in the Philippines.  Thus, after his wife got her green card, our client decided to petition for his step-son in the Philippines for an immigrant visa. He contacted our office again in November 2015 and retained our office to help bring his step-son to the States.  It is important to note that an alien cannot adjust his or her status (get a green card) outside the U.S. by filing an I-130 and I-485 simultaneously. Since the client’s step-son was not in the United States, our office promptly filed the I-130 petition to the USCIS first on December 13, 2016.

After the I-130 was filed, everything went smoothly and the receipt notices came on time. The I-130 Petition was approved by the USCIS on December 1, 2017. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on January 8, 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’s step-son. On March 19, 2018, the beneficiary went to his interview in Manila. Eventually, on April 16, 2018, the U.S. Embassy in the Philippines approved and issued his immigrant visa.

With the approved Immigrant visa, our client’s step-son can come to the United States immediately, and he will get his green card.

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