CASE: I-130 (Petition for Father) and Adjustment of Status

CLIENT: Nigerian

LOCATION: Cleveland, OH

Our client retained us to petition his father for his green card. Our client was born and raised in Nigeria, but was naturalized in the United States in 2018. He contacted our office in June of 2018 and discussed with us the green card process. His father came to the United States from Nigeria on a B-2 visitor’s visa in May 2004 and changed his status to F-1 later. After consultation, he retained our office again on June 6, 2018.

Once retained, our firm prepared and filed the I-130 Petition and Adjustment of Status Application on June 29, 2018 for his father.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On September 27, 2018, our client appeared at his I-485 adjustment of status interview at Cleveland, Ohio USCIS Field Office. Prior to the interview, our office prepared him at our office and also accompanied him at his interview. Eventually, on October 17, 2018, our client’s father’s adjustment of status application was approved. Now, he is a green card holder.

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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.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian

LOCATION: Cleveland, OH

Our client is from Nigeria who came to the U.S. on a F-1 Student Visa in December 2016 to pursue his master’s degree in United States.  In February 2018, our client married his current U.S. citizen wife.  He retained our office for his green card application on March 6, 2018. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 6, 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 June 14, 2018, our client was interviewed at the Cleveland USCIS office. Attorney Sung Hee (Glen) Yu also accompanied our clients as well.  Eventually, on June 15, 2018, his green card application was approved.

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Nigerian

LOCATION: Cincinnati, OH

Our client came from Nigeria on a J-1 exchange visitor’s visa and currently does her research in the United States. She married (same-sex) her U.S. Citizen spouse in October 2017 in New York.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law.

Our client contacted our office and retained us on October 4, 2017 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 January 4, 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 via conference calls. On May 1, 2018, our clients appeared at USCIS Cincinnati Field Office for the interview. The interview went well and our client’s green card application was approved on the same day of her interview.

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CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Nigerian

LOCATION: Spokane, WA

Our client’s beneficiary is a registered nurse from Nigeria licensed in the state of Washington. She came to the United States and currently pursues his Ph.D. degree in nursing in the United States.  His prospective employer was willing to petition him for a third-preference employment immigrant visa petition (I-140).

Since he is a registered nurse, he was 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 a valid state RN license. Our firm told him that his prospective employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on January 10, 2017 and started on his Prevailing Wage Request.

We filed the I-140 application on May 19, 2017 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  Eventually, on May 30, 2017, the I-140 was approved without any Request for Evidence (RFE).

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his immediate family members. On July 10, 2017, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. 

Prior to the interview, we thoroughly prepared our client at via conference calls as well. On April 25, 2018, our client was interviewed at Spokane Washington USCIS office. Eventually, on April 26, 2018, his and his family members’ green card applications were approved.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Nigerian

LOCATION: Youngstown, OH

Our client came to the United States in November 2016 as a K-1 visa entrant from Nigeria.  Our client is the beneficiary of an approved I-129F petition. He came to the United States as a K-1 Fiancé of a U.S. Citizen whom he married within 90 days of his entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.

Our client contacted our office initially in March 2017 and consulted with us for his adjustment of status application. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on April 4, 2017.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. Nevertheless, the USCIS scheduled an interview for our client. Prior to the interview, we thoroughly prepared our clients at our office. On July 25, 2017, 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. After the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from Nigeria who came to the U.S. on a B-2 visitor’s visa in June 2015. Since then, he has remained in the United States after his authorized stay period expired.  In January 2016, our client married his current U.S. citizen wife.  He retained our office in October 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 20, 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 at our office as well. On April 17, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our clients as well. Eventually, on May 3, 2017, his green card application was approved.

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CASE: H-1B Concurrent Employment

PETITIONER: Law Firm

BENEFICIARY: Nigerian IT Quality Assurance Project Manager

LOCATION: Cleveland, OH

Our client is a mid-sized law firm which is located in Cleveland, OH. They contacted our office in September 2016 to seek assistance from our office for their foreign employee’s H-1B based on concurrent employment category. The beneficiary is from Nigeria and he obtained his Bachelor’s degree in computer science. The proffered position for the Beneficiary is an IT Quality Assurance Project Manager which we argued qualifies as a specialty occupation. He got his H-1B status with a different petitioner-employer in 2016.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on October 21, 2016 via regular processing. We also gathered supporting documents from both the Petitioner and Beneficiary and argued that beneficiary’s position is a specialty occupation as the law requires.  Eventually, our client’s H-1B application was approved on March 15, 2017.  His H-1B is good until October 2019.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Nigeria who came to the U.S. on an F-1 student visa in August 2015.  In March 2016, our client married his 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 Adjustment of Status Application on September 8, 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 at our office as well. On January 6, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on January 13, 2017, his green card application was approved.

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CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland Ohio

BENEFICIARY: Nigerian

PETITION FILED: April 27, 2016

PETITION APPROVED: July 22, 2016

K-1 VISA APPROVED: November 14, 2016

Our client, a US Citizen Petitioner, met her Nigerian fiancé online in 2013. They started their relationship, and she visited Nigeria.  In 2016, the beneficiary proposed and our client decided to file a fiancé petition for her fiancé.  She retained our firm to file a fiancé petition for him on April 15, 2016.

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 April 27, 2016.

On July 22, 2016, little after three months of filing, the I-129F fiancée petition was approved. On November 14, 2016, our client’s fiancé appeared at the U.S. Embassy in Lagos, Nigeria for his K-1 visa interview. The interview went well, and on November 14, 2016, the U.S. Embassy issued his K-1 visa.

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