CASE: I-751

APPLICANT: Ghanaian

LOCATION: Cleveland, Ohio

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

She is from Ghana and she married a U.S. citizen in February 2015. Through her marriage, she obtained a 2-year conditional green card in December of 2015.  Her conditional residency terminated in December 2017.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office again on September 22, 2017, and our office prepared an I-751 application for our client with other supplemental exhibits.

On September 28, 2017, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband 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 December 14, 2018, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Ghanaian

LOCATION: Cleveland, OH

Our client contacted us in December 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Ghana and obtained his green card in October 2012.

Once retained, his N-400 application was filed on January 11, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On March 26, 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 April 4, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Ghanaian                                                                                                   

LOCATION: Columbus, OH

Our client is from Ghana who worked in the United States under an H-1B status. In August 2016, our client married his current U.S. citizen wife.  He retained our office in September 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 3, 2016. 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 call. On January 23, 2017, our client was interviewed at the Columbus Ohio USCIS office.

The USCIS issued a Request for Evidence (RFE) on August 24, 2017 for our client. The RFE letter requested our client to submit more “bona fide” marital documents between him and his U.S. citizen wife. On October 3, 2017, our office filed a Response to RFE to the USCIS with a joint lease, joint bank accounts, joint insurance, joint tax documents, and multiple affidavits from their family and friends regarding the bona fideness of their relationship.  Eventually, on October 14, 2017, his green card application was approved.

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Case: I-130/I-485

Client: Ghanaian

Location: Atlanta, GA

Our client entered the United States in November 2008 from Ghana on an A-2 visa (A-2 diplomatic visa is a nonimmigrant visa which allows foreign accredited officials, not in the diplomatic category, to enter into the U.S. to engage in official activities of their government).  Later, he married his U.S. citizen wife in December 2014. He retained our office on April 6, 2015 for his adjustment of status application.

Our office prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 16, 2015. We also filed I-508 and I-566 applications with his adjustment application.   Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, our office thoroughly prepared our client via conference calls for their USCIS adjustment of status interview.

On July 30, 2015, our client and his wife appeared at the Atlanta, GA USCIS office for his adjustment interview. The interview was extensive, and a year later, the USCIS of scheduled another interview for them. The officer was suspicious regarding the bona fideness of our client’s marriage.

On August 9, 2016, our client and his wife appeared at the Atlanta, GA USCIS office his second interview. The interview went well, but the USCIS issued a Request for Evidence (RFE) for our client’s updated vaccination record. Our client promptly filed the Response to RFE.

Finally, on June 1, 2017, the USCIS approved our client’s case. Both the I-130 Petition and I-485 Green Card Application were approved. Our client is now a green card holder.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Ghanaian
LOCATION: Columbus, OH

Our client contacted our office in July of 2016 regarding a response to the RFE for her I-751 filing. She is from Ghana and she married a U.S. citizen in May 2013. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in January of 2014. Therefore, her conditional residency terminated in January 2016. She filed the I-751 with her husband in 2015. However, she got the RFE from the USCIS in May 2016.

Unfortunately, during their marriage, our client and her ex-husband went through struggles. Therefore, immediately after they filed the I-751, they lived separately for a while and divorce proceedings was initiated. Thus, our client could not proceed with I-751 joint filing with her ex-husband. After the consultation, we advised that we can help her file the I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On August 2, 2016, our office filed the Response to RFE with the request of I-751 application category conversion from joint filing to waiver of filing with various supporting documents (over 15 exhibits and an affidavit over 6 pages) to demonstrate our client’s bona fide marriage with her ex-husband. 

In September 2016, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference call with potential issues at the interview. On October 27, 2016, our client was interviewed for her I-751 application at the USCIS Columbus, OH Field Office. The interview was very extensive and the officer questioned a lot of the nature of her marriage with her ex-husband.  Nevertheless, the USCIS approved his I-751 application on December 7, 2016. Now, she has her ten-year green card.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Cleveland Ohio

Our client came to the United States in July 2011 with a J-1 visa from Ghana. Later, she married a U.S. Citizen in February 2015 and retained our office for her petition and adjustment of status application.

She also asked us to file her daughter’s (Petitioner’s step-daughter) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 25, 2015. 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 December 3, 2015, our clients were interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. On December 11, 2015, our client and her daughter’s green card applications were approved.

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CASE: Termination of Proceedings / I-751

APPLICANT: Ghanaian

LOCATION: Columbus, OH

Our client contacted our office in July 2014 regarding his removal proceedings representation and I-751 application.

He is from Ghana and he married a U.S. citizen in August 2010. Through his marriage, he obtained a 2-year conditional green card in May 2011.  His conditional residency terminated in May 2013.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. They filed the I-751 application first; however, they failed to appear at the I-751 interview because they were not informed of their interview date.  Our client’s initial I-751 application was thus denied. Later on, our client was placed in removal proceedings and had to appear for his Master Calendar hearing at the Cleveland Immigration Court on August 5, 2014. Our client retained our office on August 4, 2014 and Attorney Sung Hee (Glen) Yu represented our client at his initial Master Calendar Hearing.

After the hearing, our office prepared an I-751 application for our client with other supplemental exhibits including a detailed brief on why they failed to appear at their initial I-751 interview.

On January 29, 2015, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued a Request for Evidence (RFE) in July 2015 and requested our client to submit more bona fide evidence. In response to the RFE, our office prepared and filed the Response to RFE with several supplemental exhibits to the USCIS on August 4, 2015. Eventually, on August 19, 2015, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

Once our client received his 10-year green card, our office filed a Motion to Terminate proceedings with the Cleveland Immigration Court on August 31, 2015. On September 30, 2015, the Immigration Judge terminated our client’s removal proceedings.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Columbus, Ohio

Our client came to the United States from Ghana on a B-2 Visitor’s visa in December 2005. After his authorization of stay period expired, he remained in the United States.  He married a U.S. Citizen in February 2014 and retained our office on April 1, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 10, 2015.  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 September 1, 2015, our client was interviewed at the , Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on September 21, 2015, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Toledo, OH

Our client came to the United States from Ghana on a F-1 student visa in January 2013. He married a U.S. Citizen in April 2015 and retained our office on May 13, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on May 27, 2015.  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 as well. On August 14, 2015, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on the same day of the interview, his green card application was approved.

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CASE: I-485 Adjustment of Status / 245(k) / I-140 (EB-2 Category) / Schedule A

APPLICANT: Ghanaian Psychiatric Mental Health Nurse Practitioner

LOCATION: Indiana

Our client is a certified nurse practitioner. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a certified nurse practitioner, 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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Nurse Practitioner is included in Schedule A.

Our client has both a Bachelor’s and Master’s degrees in nursing. She has a Registered Nurse license and has an ANCC Psychiatric-Mental Health Nurse Practitioner Certificate.  Our office was retained on June 17, 2014 and we started the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on October 24, 2014 via premium processing. We included the job offer letter, the notice of filing, her pay stubs, 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.

However, on November 8, 2014, the USCIS Nebraska Service Center issued a Request for Evidence (RFE) and requested our client’s CGFNS certificate. Our office prepared the response to RFE and filed it along with CGFNS certificate on November 20, 2014 to the USCIS. On November 28, 2014, the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

When we filed her I-140 petition, our client simultaneously filed her I-485 adjustment of status application as well. We also included an extensive brief to argue that our client is eligible to adjust under the INA Section 245(k).

Section 245(k) of the INA can render the normal bars to adjustment of status found in section 245(c)(2), (c)(7), and (c)(8) inapplicable to certain employment-based adjustment of status applicants who, since their last lawful admission to the United States have not, for an aggregate period of more than 180 days:

(A)Failed to maintain, continuously, a lawful status;

(B)  Engaged in authorized employment; or

(C)  Otherwise violated the terms and conditions of his or her admission.

Our client maintained lawful F-1 status, and maintained full-time student status, up until May 2014. However, she did not extend her F-1 status or changed to other non-immigrant status in the United States before the filing of her I-485 adjustment of status application. Nevertheless, our client has not accrued over 180 days of “failure to maintain lawful status” nor over 180 days of “unauthorized employment”, and as such, she is still eligible to adjust status based on her approved I-140.

However, on April 20, 2015, the USCIS Nebraska Service Center issued a Request for Evidence (RFE) and requested our client’s CGFNS certificate again. Our office prepared the response to RFE and filed it along with CGFNS certificate on April 24, 2015 to the USCIS.

Finally, the USCIS approved our client’s I-485 adjustment of status application on May 8, 2015. Now, our client becomes a green card holder. 

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