CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Medina, OH

Our client contacted us in January 2020 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from China and obtained his green card in February 2015. 

We filed his N-400 application on January 15, 2020 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On August 18, 2020, our client appeared at the USCIS Cleveland Ohio USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, on August 28, 2020, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-751

APPLICANT: Romanian

LOCATION: Sheffield Lake, OH

Our client contacted our office in April of 2019 regarding his I-751 application.

He is from Romania and she married a U.S. citizen in September 2015. Through his marriage, he obtained a 2-year conditional green card in July of 2017.  His conditional residency terminated in July 2019.

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 April 15, 2019, and our office prepared an I-751 application for our client with the necessary supporting documents.

On May 6, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint taxes, 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. The USCIS issued a Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with his wife. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on July 17, 2020.  

As a result, on August 28, 2020, 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: Chinese

LOCATION: Chagrin Falls, OH

Our client came to the United States from China on a B-2 visitor’s visa in June 2019. She married a U.S. Citizen in November 2019 and 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 December 10, 2019.  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 27, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Canadian

LOCATION: Parma, OH

Our client came to the United States from Canada on a F-1 student visa to pursue his medical degree in the United States. He married a U.S. Citizen in July 2019 in Florida.  After they got married, our client’s wife got a job in DC and had to move. Our client was still in school in Ohio, so he had to stay in Ohio while his wife was in DC. Despite living apart, they maintained their marital relationship. 

He retained our office on October 14, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 13, 2019.  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 August 26, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Euclid, OH

Our client came to the United States from Nigeria on a F-1 student’s visa. He married a U.S. Citizen in July 2019 and retained our office on August 28, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 10, 2019.  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 24, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on August 25, 2020, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Venezuelan

LOCATION: Lakewood, OH

Our client came from Venezuela and came to the U.S. as a J-1 researcher. Her J-1 status made her subject to the two-year foreign resident requirement. Our client would like to file her adjustment of status application along with her U.S. Citizen husband’s I-130 petition; however, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under the No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for her programs which made her case pretty much impossible for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue her J-1 waiver based on exceptional hardship. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After she retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On March 15, 2018, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen husband’s medical conditions.  On March 20, 2018, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s husband would experience exceptional hardship if our client needs to go back to Venezuela for two years. Eventually, the USCIS approved his I-612 waiver on August 19, 2019.  

After her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 1, 2019.  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 August 24, 2020, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. The interview went well, and eventually, on August 25, 2020, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ivorian

LOCATION: Streetsboro, OH

Our client came to the United States from Ivory Coast on a F-1 student’s visa. He married a U.S. Citizen in July 2019 and retained our office on August 28, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October September 20, 2019.  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 21, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. 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-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipino
LOCATION: Des Plaines, IL

Our client is a registered nurse in the Philippines.  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 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 on Schedule A.

Our client has a nursing degree and has several years of related experience. During the consultation, our firm concluded that his prospective employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on July 8, 2019 and we started on the prevailing wage request. 

We filed the I-140 application on March 18, 2020 via regular processing. We included the job offer letter, the notice of filing, his degrees and a nursing license, and other necessary supporting documents.  Eventually, on August 18, 2020, the I-140 was approved. Now, our client can file an immigrant visa application based on the approved I-140 petition when his priority date becomes current.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: Parma, OH

Our client entered the United States in April 2019 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States only for 90 days.  She has a  U.S. citizen husband whom she married in August 2018. After she last entered the United States in April 2019, she had not left. 

In June 2019, they contacted our office to consult about the adjustment of status process. After the consultation, they retained our office on June 6, 2019.  One main issue in her green card application through marriage was the fact that she came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on July 20, 2019.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared our clients at our office. On July 27, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen)Yu, Esq. accompanied our clients. Eventually, the USCIS approved her adjustment of status application on August 13, 2020.  She is now a green card holder. 

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

 CLIENT: US Citizen Petitioner Husband; Chinese Beneficiary Wife in China

 LOCATION: Petitioner: Cleveland, Ohio; Beneficiary: China

 I-130 FILED: October 10, 2017

 I-130 APPROVED: March 4, 2019

 IV APPROVED: August 5, 2020

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

On October 10, 2017, our firm filed the I-130 Petition to the CIS. On March 4, 2019, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get his wife over to the United States.

On January 17, 2020, 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 spouse at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On August 5, 2020, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

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

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