CASE: I-130

CLIENT: LPR Father; Chinese Beneficiary Sons in China

LOCATION: Petitioner: Ohio; Beneficiary: China

I-130 FILED: July 25, 2013

I-130 APPROVED: November 14, 2013

Our client came to the United States with an immigrant visa after his US Citizen daughter petitioned him through consular processing. As a result, he got his immigrant visa on June 3, 2013 and came to the United States shortly after.

Once he came to the United States, he wanted to I-130 petitions for his two minor sons in China. So, he retained us on July 18, 2013 to bring his sons over from China.  On July 25, 2013, our firm filed the I-130 Petitions to the USCIS. There were no Requests for Evidence throughout the pendency of the petition. Eventually, on November 14, 2013, the I-130 Petitions were approved.

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CASE: Marriage-Based Green Card

CLIENT: Chinese

LOCATION: West Virginia

Our client came to the United States from China and currently teaches at an academic institution in West Virginia. She married her current husband, who is a green card holder, in August 2011.

Our client retained our office on March 19, 2013 for her I-130 petition and I-485 adjustment of status application. However, we could not file the I-130 / I-485 simultaneously because the Petitioner was a green card holder, not a U.S. citizen. At the time of the I-130 filing, the priority date for F2A category was not current, so our firm prepared and filed the I-130 petition on March 25, 2013.

While the I-130 petition was pending, the priority date for our client became current. So, our office prepared and filed an I-485 adjustment of status application, together with all necessary supporting documents, on August 27, 2013. 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 November 14, 2013, our client was interviewed at the Charleston, WV USCIS office. Eventually on November 21, 2013, her green card application was approved.

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CASE: Marriage-Based Green Card

CLIENT: Chinese

LOCATION: Cleveland, Ohio

Our client came to the United States in August 2009 with an F-1 Student Visa from China to pursue her Master’s degree in the United States. Later, she met her current U.S. Citizen husband and married him in April 2013.

Our client contacted our office and retained us on August 20, 2013 for her 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 September 5, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On November 21, 2013, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento accompanied them as well.  On November 21, 2013, her green card application was approved.

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

NATIONALITY: Chinese

LOCATION: Illinois

Our client is a citizen of China who came to the U.S. on a J-2 Visa.  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 our client came to the United States, he finished high-school as a J-2 visa holder and later pursued his Bachelor’s degree. Prior to the commencement of his Bachelor’s program, our client changed his status from J-2 to F-1 through the U.S. Consulate in Shanghai, China. He is still in school, but he would like to apply for a J-2 waiver so that he would not have any problem for his future change of status in the United States when his prospective employer files an I-129 petition for him in 2014.

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 2012.

Our firm was retained to do his J-2 waiver on September 10, 2013. On October 4, 2013, 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 October 28, 2013 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On November 14, 2013, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

CLIENT: Chinese LPR Petitioner in Ohio; Chinese Beneficiary Wife in China

LOCATION: Petitioner: Ohio; Beneficiaries: China

Our client retained us to bring his wife from China to the United States. He is a permanent resident and was married in 2010. He filed the I-130 petition by himself and it was approved. However, he had difficulty with the Immigrant Visa process so he retained our office on March 13, 2013.

On May 20, 2013, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s wife at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On September 24, 2013, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s wife can come to the United States immediately, and she will get her green card within two weeks of entry.

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

CLIENT: US Citizen Petitioner Son; Chinese Beneficiary Mother in China

LOCATION: Petitioner: Ohio; Beneficiaries: China

I-130 FILED: December 6, 2012

I-130 APPROVED: February 15, 2013

IV APPROVED: September 23, 2013

Our client retained us to bring his mother from China to the United States. He was born and raised in China, but was naturalized in the United States.

On December 6, 2012, our firm filed the I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On February 15, 2013, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get his mother over to the United States.

On May 22, 2013, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s mother at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On September 23, 2013, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two weeks of entry.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Chinese

LOCATION: Houston, Texas

Our client is a citizen of China who came to the U.S. on a J-2 Visa in January 2003. She came with her husband who held a J-1 Visa as a visiting scholar. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and she eventually got divorced from her ex-husband. She lost her J-2 status and she was still subject to the two-year foreign residency requirement.

She remained in the United States and pursued her education. She is now enrolled into a Ph.D. program in Nursing.

Her prospective employer is willing to file an H-1B I-129 petition for her, but until she gets a waiver of the 2-year foreign residency requirement, she cannot change her status.

She contacted our office, and our firm was retained to do her J-2 waiver on August 16, 2013.

On August 26, 2013 the J-2 Waiver 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 was divorced from the J-1 visa holder.

On September 27, 2013, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On October 16, 2013, the USCIS issued the I-612 waiver approval.

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CASE: H-1B Visa Petition

PETITIONER:  Culture Center in Ohio

BENEFICIARY: Chinese Assistant Program Development Director

Our client is a Culture Center in Ohio that offers after-school and weekend educational programs for children and young students in the Greater Cleveland area. They contacted our office in the middle of March 2013 to seek legal assistance for its foreign beneficiary’s H-1B visa petition.

The beneficiary is a Chinese who obtained her Bachelor’s in Economics in China and also an MBA degree in the United States. The proffered position for the Beneficiary was for an Assistant Program Development Director which we argued qualified as a specialty occupation. We argued that the minimum requirement for this position is a Bachelor’s Degree in Economics/Business or its equivalent.

Upon retention, our firm prepared and eventually filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. The USCIS California Service Center issued a Request for Evidence (RFE) on July 2, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that the business was new and that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in an 6-page response brief with 14 exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations.

Our office filed the response to the USCIS California Service Center on August 10, 2013. Our client’s H-1B application was approved on October 16, 2013. Now the Beneficiary can work for the Petitioner on an H-1B status until September 20, 2016

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CASE: I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Chinese
LOCATION: Cincinnati, Ohio (USCIS) / Cleveland, Ohio (EOIR)

Our client is a Chinese citizen who came to the U.S. on a B-2 Visitor’s Visa in December 2005. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings, which was initiated at the Los Angeles Immigration Court in California.

Our client married his second husband in December 2011 in Ohio. She initially contacted our office for a Change of Venue to Cleveland.  She retained our office on January 12, 2012. We then filed a Motion for Change of Venue from Los Angeles to Cleveland on behalf of our client. The Immigration Judge granted the Motion and her case was transferred to the Cleveland Immigration Court.

Our office then prepared and filed an I-130 Petition with a lot of bona fide marriage evidence on January 26, 2012. The petition also included a bona fide marriage exemption letter.

While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on January 25, 2012 for her initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented her at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition.

Our client’s I-130 interview was scheduled on October 29, 2012 at the Cincinnati USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his husband for the interview. Attorney Yu also accompanied them at their interview. The interview lasted one hour, our clients were separated, but the I-130 petition was eventually approved on December 8, 2012.

After the I-130 was approved, 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 February 12, 2013.

After her case was terminated, our office prepared and filed the I-485 Adjustment of Status Application on March 13, 2013, together with other necessary forms and supporting documents. 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 21, 2013, our client was interviewed at the Cincinnati CIS office. Our attorney accompanied them as well. Our client was fully prepared and the interview went well.  On July 10, 2013, her green card application was approved.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition
CLIENT: US Citizen Petitioner; Chinese Beneficiary in China
LOCATION: Petitioner: Ohio; Beneficiary: Canton, China

Our client is a U.S. citizen who is 70 years old.  He married his wife in China in April 2012.  After the marriage, he came back to the United States and contacted our office in early June 2012 and retained us to bring his wife to the States.

Our office prepared and filed the I-130 to the USCIS in June 19, 2012. After the I-130 was filed, everything went smoothly, there were no requests for evidence, and the receipt notices came on time.

The I-130 Petition was approved by the USCIS on February 18, 2013.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on April 3, 2013, who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for the client at the US Consulate in Guangzhou, and we prepared her for the interview. On May 30, 2013, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s wife can come to the United States immediately, and she will get her green card within two weeks of entry.

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