CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Columbus, OH

Our client came to the United States from China on a B-2 visitor’s visa in February 2015. She overstayed and remained in the United States afterwards.  She married a U.S. Citizen in August 2017 and retained our office for her green card application on September 25, 2019.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 14, 2020.  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 December 22, 2020, our client was interviewed at the Columbus, Ohio USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: I-751

APPLICANT: Chinese

LOCATION: Parma, OH

Our client contacted our office in December of 2019 regarding her I-751 application.

She is from China and she married a U.S. citizen in May 2017. She obtained a 2-year conditional green card in March 2018.  Her conditional residency terminated in March 2020.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions application. She retained our office on December 11, 2019.

On December 13, 2019, our office filed the 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. 

Eventually, on November 17, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Brunswick, OH

Our client came to the United States from China on a F-1 student’s visa. He married a U.S. Citizen in January 2020 and retained our office on February 11, 2020 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 19, 2020.  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 9, 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. On the same day of the interview, his green card application was approved.

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CASE: I-751

APPLICANT: Chinese

LOCATION: Cleveland Heights, OH

Our client contacted our office in December of 2019 regarding her I-751 application.

She is from China and shemarried a U.S. citizen. Through her marriage, she obtained a 2-year conditional green card in February 2018. Her conditional residency terminated in February 2020. 

To comply with immigration requirements, our client and her spouse had to file an I-751 Joint Petition to Remove Conditions. She retained our office, and our office prepared an I-751 application for our client.

On December 23, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint tax documents, and photos of our client and her spouse to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint arty@sarmientoimmigration.comnotice was issued two weeks later. Eventually, on October 28, 2020, the USCIS approved our client’s I-751 application without any RFE. 

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Youngstown, OH

Our client contacted us in May 2020 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from China and she obtained her green card in August 2017 through marriage to her US Citizen spouse. 

Her N-400 application was filed on May 28, 2020 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On October 2, 2020, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, on October 16, 2020, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Asylum

CLIENT: Chinese

LOCATION: Middleburg Heights, OH

Our client, a Chinese asylum seeker in Middleburg Heights, OH, retained us on May 21, 2015 to help him with his asylum case. He came to the United States in July 2014 on a F-1 Student visa from China. He wanted to seek asylum with the US Citizenship and Immigration Service.

While he was in China, he was persecuted and mistreated by the government based on Christianity. He is scared to go back home to China, fearing that he will be persecuted again.

We helped him prepare his asylum application, going over several drafts until his claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to his asylum claim were addressed. We also asked him to provide supporting documents corroborating his claims. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution that Chinese Christians would suffer.

The asylum application was filed on July 13, 2015 which was within one year of his entry.  In 2019, the CIS issued an interview notice for his, scheduled for January 17, 2019 in Cleveland, Ohio. Prior to his interview, our office prepared him at our office. Attorney JP Sarmiento from our office also accompanied our client at the interview. 

On September 29, 2020, the USCIS approved our client’s asylum case. He is now an asylee and will be eligible to apply for permanent resident status in one year. 

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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: 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: 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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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: Yonkers, NY

Our client was a citizen of China who came to the U.S. on a J-2 Visa in November 2015.  He came with his 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.

He turned 21 in May 2016. This year, his employer wanted to file an I-129 petition for his H-1B visa. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without 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 May 2016.

Our firm was retained to do her J-2 waiver, and on March 9, 2020, 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 June 29, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

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