CASE: I-751

APPLICANT: Ghanaian

LOCATION: Cleveland, Ohio

Our client contacted our office in early July 2014 regarding his I-751 application.

He is from Ghana and married a U.S. citizen in 2011. Through his marriage, he obtained a 2-year conditional green card in October of 2012.  His conditional residency terminated in July 2014.

What was unique in this case was that after our client obtained his green card, their marriage suffered and they eventually got divorced. However, after a few months, they got remarried again. Those set of facts typically would raise red flags with immigration, but we got their story and obtained documents about their relationship and filed the I-751.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on July 7, 2014 and our office prepared an I-751 application for our client with other supplemental exhibits. We made sure the application was extensive as their situation, post conditional residency application, was unique.

On August 19, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint tax filing records, joint bank statements, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage. The divorce decree plus new marriage certificate were also submitted. The beneficiary even had a domestic violence case which was brought down to disorderly conduct.

Once the application was filed, the fingerprint notice was issued two weeks later. However, USCIS issued a Request for Evidence (RFE) on December 3, 2014. The USCIS requested our client to submit more documentary evidence to prove the bona fide nature of his marriage with his wife. In response to the RFE, our office prepared the response and gathered more joint documentary evidence to demonstrate the bona fide nature of their marriage We filed the RFE response on February 5, 2015.

As expected, the USCIS scheduled an interview for our client’s I-751 application. On April 2, 2014, our client and his wife were requested to appear for their interview at the USCIS Cleveland Office.  Prior to the interview, our office prepared them thoroughly. We also accompanied them at the interview as well. The interview went well, and as a result, on the same day of the interview, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Atlanta, GA

Our Ghanaian client came to the United States on a B-2 visitor’s visa in June 2003. She overstayed her status. Later, she married a U.S. Citizen in May 2013. She contacted our office and our client retained our office on September 8, 2014 for the filing of the petition for her and her adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 2, 2014.  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 January 22, 2015, our client was interviewed at the Atlanta, GA USCIS office.  The interview went well, and our clients answered the questions well and demonstrated the bona fide nature of their marital life. Eventually, on the same day, her green card application was approved.

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CASE: I-129F Fiancée Petition and Fiancée Visa

PETITIONER: US Citizen in Maryland

BENEFICIARY: Ghanaian

PETITION FILED: January 2, 2014

PETITION APPROVED: January 8, 2015

Our client, a US Citizen Petitioner, met his Ghanaian fiancée in March 2011. They started their relationship, and he went to Ghana frequently to see her. They actually did the fiancé immigration process before themselves, but unfortunately it was denied. Hence he retained our firm to file a fiancée petition for her.

After retention, we informed our client the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on December 18, 2013. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on January 2, 2014.

However, on August 20, 2014, the USCIS issued a request for evidence (RFE) and claimed that our client did not submit sufficient evidence to establish that he is in a valid and authentic relationship with his fiancée. In response to the RFE, our office filed a response to RFE to the USCIS with more bona fide evidence to show the bona fide nature of their relationship. We filed the RFE response on September 17, 2014.

Eventually, on January 8, 2015, the I-129F fiancée petition was approved by the USCIS Vermont Service Center.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Mental Health Care Service Provider

BENEFICIARY: 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.

After  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. With the approved I-140 petition, her adjustment of status application will be approved soon.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Cleveland, OH

Our client came to the United States in September 2001 with an A-2 visa (The 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) from Ghana. Since then, she has maintained her A-2 status, finished her school, and she is currently working as a nurse in the United States.

She married a U.S. Citizen in July 2013 and retained our office on October 25, 2013 for her adjustment of status application. They were not living together but based on our conversation, the marriage was bona fide. The US Citizen lived in Ohio, the beneficiary lived in Maryland.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 8, 2013.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. We also requested that the interview be held in Cleveland Ohio.

Prior to the interview, we thoroughly prepared our clients through conference calls. On June 9, 2014, our client was interviewed at the Cleveland, Ohio USCIS.  Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. On June 23, 2014, her green card application was approved.

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CASE: I-751

APPLICANT: Ghanaian

LOCATION: Columbus, OH

Our client contacted our office in January of 2014 regarding his I-751 application.

He is from Ghana and he married a U.S. citizen in 2011. Through his marriage, he obtained a 2-year conditional green card in April of 2012.  His conditional residency terminated in April 2014.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions on his permanent residency. He retained our office on January 29, 2014 and our office prepared an I-751 application with bona fide marriage evidence.

On February 6, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint tax records, utility bills, joint lease, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

There was no RFE or interview request for our client’s I-751 application. As a result, on June 2, 2014, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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CASE: I-129F Fiancée Petition and Fiancée Visa

PETITIONER: US Citizen in Columbus, OH

BENEFICIARY: Ghanaian

PETITION FILED: April 7, 2014

PETITION APPROVED: May 5, 2014

Our client, a US Citizen Petitioner, met his Ghanaian fiancée in March 2013. They started their relationship, and he went to Ghana in November 2014 to see her. He proposed to his fiancée in February 2014. Shortly after his proposal, he retained our firm to file a fiancée petition for her.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on March 20, 2014. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on April 7, 2014.

On May 5, 2014, the I-129F fiancée petition was approved.

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CASE: I-751

APPLICANT: Ghanaian

LOCATION: Cleveland, Ohio

Our client contacted our office in early May this year regarding his I-751 application.

He is from Ghana, married to a U.S. citizen since August 2009. Through his marriage, he obtained a 2-year conditional green card in July of 2011.  His conditional residency terminated in July 2013.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on May 14, 2013 and our office prepared an I-751 application for our client with other supplemental exhibits.

On June 7, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint tax filing records, a birth certificate of their child, joint bank statements, utility bills, insurance policies, and photos of our client and his wife 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 for our client’s I-751 application. On August 29, 2013, our client and his wife were requested to appear for an interview at the USCIS Cleveland Office.  Prior to the interview, our office prepared them thoroughly. We also accompanied them at the interview as well. The interview went well, and as a result, on the same day, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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CASE: H-1B Visa Petition
PETITIONER:  Accounting Firm in Baltimore, Maryland
BENEFICIARY: Tax Accountant from Ghana

Our client is an accounting firm in Baltimore, MD.  They contacted our office in early-February to seek legal assistance from our office for their foreign employee.  The beneficiary obtained his Bachelor’s Degree in management science and accounting in 2012 in the United States.

The proffered position for the Beneficiary is tax accountant which qualifies as a specialty occupation.  We argued that this position is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in accounting or its equivalent.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. Eventually, our client’s H-1B application was approved on June 12, 2013.  On October 1, 2013, he can work for his employer for the next three years on his H-1B status.

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CASE: I-485 Approval
CLIENT: Ghanaian
LOCATION: Phoenix, AZ

Our client is a Ghanaian citizen who came to the U.S. on a B-2 Visitor Visa in February 2004. As our previous success story explained, our client had a final order of removal in absentia, but his case was reopened after our office’s successful Motion to Reopen in April 2012.

Our client and his wife married in August 2007 and they have two U.S. citizen children now.

Our office immediately filed an I-130 Petition with bona fide marriage evidence on March 12, 2012. The I-130 petition was approved on August 20, 2012 without an interview. Our client appeared at the Phoenix Immigration Court on August 21, 2012 for his initial master calendar hearing. Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did pleadings and sought adjustment of status relief.

After the I-130 was approved, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Phoenix Immigration Court. The DHS counsel in Phoenix did not oppose the Motion to Terminate Removal Proceedings. Ultimately, the Immigration Judge granted the Motion to Terminate Removal Proceedings without prejudice on October 15, 2012.

After his case was terminated by the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on November 24, 2012, 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 over the conference all.

On January 28, 2013, our client was interviewed at the Phoenix CIS office. Our client was fully prepared at the interview went well.  On the same day, his green card application was approved.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage based green card success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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