CASE: Asylee Adjustment of Status
CLIENT: Chinese
LOCATION: Cleveland, OH

Our client came to the United States from China with a B-2 visa, and through our legal assistance, he was granted asylum in April 2014 by the USCIS.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status. Around April 2015, one year after he got his asylee status in the United States, our client contacted our office again and sought legal assistance for his family members’ adjustment of status along with his application.  We prepared and filed his I-485 Adjustment of Status Application on July 15, 2015. Everything went smoothly and the receipt notice and fingerprint appointment all came on time. On December 8, 2015, the USCIS approved our client’s Adjustment of Status application. He is now a permanent resident of the United States. His family members also got their green cards.

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CASE: I-485 adjustment of status / I-140 / EB-11 (Alien of Extraordinary Ability)

CLIENT: Chinese

LOCATION: Cleveland, Ohio

Our client contacted us in May 2014 about the possibility of getting an immigrant visa through the EB-11 category. He is an internationally known Pianist and is currently working as a pianist in the Cleveland area.  Our client has received multiple international awards and has appeared in numerous recitals in several cities in the world.  Also, has performed at the Carnegie Hall in New York City, and has been published in publications such as the Plain Dealer. Upon review of his credentials and qualifications, our office determined that he was qualified for the EB-11 category, an alien of extraordinary ability.

According to INA Section 203(b):

(1)   Priority workers – visas shall first be made available… to qualified immigrants who are aliens described in any of the following sub-paragraphs (A) through (C):

(A) Aliens with extraordinary – an alien is described in this sub-paragraph if-

(i)                The alien has extraordinary ability in the sciences, arts, education, business, or athletes which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

(ii)               The alien seeks to enter the United States to continue work in the area of extraordinary ability, and

(iii)             The alien’s entry into the United States will substantially benefit prospectively the United States.

USCIS has consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant visas as aliens of extraordinary ability.  See H.R. 723 101st Cong.2d Sess. 59 (1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991).  The term “extraordinary ability” refers only to those individuals in that small percentage who have risen to the very top of the field of endeavor. Id. And 8 C.F.R. § 204.5(h)(2).

The regulation at 8 C.F.R. § 204.5(h)(3) requires that an alien demonstrate his or her sustained acclaim and the recognition of his or her achievements in the field.  Such acclaim and achievements must be established either through evidence of a one-time achievement (that is, a major international recognized award) or through meeting at least three of the following ten categories of evidence:

(i)                 Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(ii)               Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

(iii)             Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.  Such evidence shall include the title, date, and author of the material, and any necessary translation;

(iv)             Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

(v)               Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

(vi)             Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;

(vii)           Evidence of the display of the alien’s work in the field at an artistic exhibitions or showcases;

(viii)         Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

(ix)             Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

(x)               Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

After review of our client’s credentials and qualifications, we determined that our client can meet 4 of the 10 categories, which is more than 3 required as an alien of extraordinary ability. Our client has been awarded numerous national and international awards for his piano performance; has made an original contribution in the musical field of piano performance; has participated in a judging panel in numerous prestigious national and international piano competition events; and his distinguished achievements and success in piano performance were published in professional and major media.

Our office prepared a 19-page brief for our client’s EB-11 filing. Our client also obtained 8 letters of recommendation from internationally well-known piano professors and players. Our office also included his performance coverage, awards, media coverage, medals, recital records, and other materials to show that he is an alien of extraordinary ability in piano performance. His EB-11 I-140 application contained 55 exhibits.

Our office filed his I-140 (EB-11) petition to the USCIS Nebraska Service Center via regular processing on October 31, 2014.

However, on April 13, 2015, the USCIS issued a Request for Evidence (RFE). In the RFE, the USCIS claimed that our client only met 2 of the 10 requisite statutory categories of EB-11. In the response brief, our office demonstrated that our client indeed met more categories and provided more letters of recommendations, media coverage documents, recent performance records, and leadership positions.  Our office filed the response to RFE on June 19, 2015.  Eventually, on July 7, 2015, the USCIS Nebraska Service Center approved his I-140 self-petition.

Once his I-140 was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on August 6, 2015. Everything went smoothly and the receipt notices and fingerprint appointment came on time. However, on October 9, 2015, the USCIS Nebraska Service Center issued a Request for Evidence (RFE) for his adjustment of status application. In the RFE, the USCIS claimed that our client did not comply immigration law while he was in OPT status. They also claimed he worked illegally while volunteering to provide piano lessons in Church. In response, we argued that his volunteer work was part of Church activities. He was not compensated for it, and it’s volunteer and charitable work that does not displace American workers.

 Eventually, on December 8, 2015, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client came to the United States from China on a F-1 student’s visa in August 2010. She married a U.S. Citizen in August 2015 and retained our office on August 5, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 3, 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 November 23, 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, 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: Atlanta, GA

Our client was a citizen of China who came to the U.S. on a J-2 Visa in September 2007.  She came with her mother who came on a J-1 Visa for her 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, she completed her high school and was admitted to a University to pursue her bachelor’s degree. She went back to China and got her F-1 student visa at the U.S. Embassy in China and came back to the United States on her F-1 student visa.

She turned 21 in 2012. She now has a U.S. citizen fiancé and they plan to get married soon. Once they get married, her fiancé (will be her husband) will file an I-130 petition for her and she will file her I-485 adjustment of status application. However, because of her two-year foreign residency requirement, our client cannot adjust her status without the fulfillment of the 2-year requirement or the waiver.

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 January 2012.

Our firm was retained to do her J-2 waiver, and on September 16, 2015, 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 8, 2015 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On November 6, 2015, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: H-1B Visa Petition

PETITIONER:  Metal Supply / Manufacturer

BENEFICIARY: Chinese Operations Development Associate in Cleveland, OH

Our client is a Metal Supplier / Manufacturer located in Cleveland, Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained her Master of Business Administration in the United States.  The proffered position for the Beneficiary is an Operations Development Associate which we argued qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2015 via regular processing service. This H-1B petition was selected in the lottery. Our client’s H-1B application was approved on August 31, 2015.

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CASE: PERM Labor Certification

EMPLOYER: Culture Center

BENEFICIARY: Chinese Educational Services Market Research Analyst

LOCATION: Cleveland, OH

Our client’s beneficiary is Chinese, who is currently working at a culture center in Cleveland, OH on an H-1B. The company was willing to do an immigration petition for her, second-preference. Our client has a Master’s degree in Business Administration.

After talking to our client, our firm concluded that her employer can petition her as an Educational Services Market Research Analyst. Based on the beneficiary’s educational background and the position offered, our office did PERM with an EB-2 classification.

Prior to filing PERM labor certification, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad.

On September 26, 2014, the prevailing wage request was filed.  On January 28, 2015, we filed the PERM labor certification application.  Eventually, on August 19, 2015, the PERM labor certification was approved – an EB2 position for the Chinese Educational Services Market Research Analyst, WITHOUT any audits. Now our client can file an I-140 Petition.

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Australian

LOCATION: Columbus, Ohio

Our client contacted our office in early August of 2014 regarding her I-751 filing. She came to the United States from Australia after she married a U.S. Citizen (her ex-husband) in September 2011. Through her marriage, she was able to obtain a 2-year conditional green card in October of 2012. Thus, her conditional residency terminated in October 2014.

Before her 2 year green card expired, our client experienced a lot of difficulties in her marital life with his ex-husband. Unfortunately, their marriage ended in September 2013.  Thus, our client could not file a joint petition for her removal of condition.

Thus, she retained our office in August 2014 to file an I-751 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. We focused on the supporting documents that she can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.

On September 17, 2014, our office filed the I-751 application with various supporting documents (over 28 exhibits and an affidavit over 5 pages) to demonstrate our client’s bona fide marriage with her ex-husband.

In June 2015, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference call and informed her of potential issues at the interview. On July 28, 2015, our client was interviewed for her I-751 application at the USCIS Columbus, OH Field Office.  Eventually, the USCIS approved our client’s I-751 application on the same day. Now, she has her ten-year green card.

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CASE: I-130 (Petition for Mother) and I-485 Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client retained us to petition his mother for a green card. Our client was born and raised in China, but was naturalized in the United States. He contacted our office in late May of 2014 and discussed with us the green card process. After consultation, he retained our office on May 30, 2014.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 11, 2014 for his mother.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. Eventually, on July 18, 2015, our client’s mother’s adjustment of status application was approved. Now, she is a green card holder.

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

CLIENT: LPR Father; Chinese Beneficiary Minor Sons in China

LOCATION: Petitioner: Ohio; Beneficiary: China

I-130 FILED: July 19, 2013

I-130 APPROVED: November 14, 2013

IV APPROVED: May 27, 2015

Our client retained us to bring his minor sons over from China. He was born and raised in China, but lives in the United States as an LPR (Green Card holder).

On July 19, 2013, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On November 14, 2013, the I-130 Petitions were approved. However, we could not start the immigrant visa processing because their visa numbers were not available. In April 2014, once their visa numbers were available, we then started the immigrant visa processing phase of trying to get his sons over to the United States.

On April 17, 2014, we filed the immigrant visa packet to the National Visa Center who in turn forwarded our clients’ materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s sons at the U.S. Consulate in Guangzhou, and we prepared them for their interview. On May 27, 2015, the U.S. Consulate in Guangzhou, China approved and issued their immigrant visas.

With the approved immigrant visas, our clients’ sons can come to the United States immediately, and they will get their green cards within two weeks of entry.

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

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

LOCATION: Petitioner: Ohio; Beneficiary: China

I-130 FILED: June 11, 2014

I-130 APPROVED: July 21, 2014

IV APPROVED: June 1, 2015

Our client retained us to bring her minor son over from China. She was born and raised in China, but was naturalized in the United States.

On June 11, 2014, our firm filed an I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On June 21, 2014, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get her son over to the United States.

On March 12, 2015, we filed the immigrant visa packet 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 son at the U.S. Consulate in Guangzhou, and we prepared him for his interview. On June 1, 2015, the U.S. Consulate in Guangzhou, China approved and issued their immigrant visa.

With the approved immigrant visa, our client’s son can come to the United States immediately, and he will get their green cards within two weeks of entry.

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