CASE: I-485 Adjustment of Status based on Approved I-140 (EB-2)

APPLICANT: Chinese Educational Services Market Research Analyst

LOCATION: Twinsburg, OH

Our client is Chinese, who is currently working at a culture center in Cleveland, OH. 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 our client’s education and work background, our office determined that she is clearly eligible for 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.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on February 10, 2016 via premium processing service. However, on February 16, 2016, the USCIS issued a Request for Evidence (RFE) for our client’s petition. In RFE, the USCIS requested our client to submit any documentation that demonstrates her specific software special skills in the past. Our office promptly filed the Response to RFE on February 25, 2016 to USCIS by submitting a letter from her employer detailing her usage and knowledge of the specific software that was required. Eventually, on March 2, 2016, the I-140 EB2 Petition for our Chinese client was approved.

In August 2018, her priority dates became current. She retained our office again for her and her husband’s adjustment of status applications. Our office filed the I-485 adjustment of status application for our clients on August 10, 2018. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference at our office. On April1 5, 2019, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on May 1, 2019, our clients’ green card applications were approved.

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

NATIONALITY: Chinese

LOCATION: California

Our client was a citizen of China who came to the U.S. on a J-2 Visa in January 2012.  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.

She turned 21 in March 2013. She would like to get a waiver because she has a U.S. citizen spouse who can file I-130 petition for her. She can file adjustment of status application along with her husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the fulfillment of 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 March 2013.

Our firm was retained to do her J-2 waiver, and on February 20, 2019, 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 March 18, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On April 2, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

NATIONALITY: Chinese

LOCATION: Pennsylvania

Our client is a citizen of China who came to the U.S. on a J-2 Visa in 1995.  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.

She turned 21 in May 2010. She would like to get a waiver because she has a prospective employer who will file an H-1B petition for her. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of 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 May 2010.

Our firm was retained to do her J-2 waiver, and on January 28, 2019, 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 March 4, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On March 19, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted us in November 2018 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from China and obtained her green card in February 2014.

Her N-400 application was filed on December 6, 2018 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On February 15, 2019, 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, her application was approved on the same day of the interview. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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

NATIONALITY: Chinese

LOCATION: New York

Our client was a citizen of China who came to the U.S. on a J-2 Visa in July 2011.  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.

She turned 21 in November 2011. She would like to get a waiver because she has a prospective employer who will file the H-1B petition for her next year. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of 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 November 2011.

Our firm was retained to do her J-2 waiver, and on November 21, 2018, 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 January 7, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On January 30, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                   

LOCATION: Columbus, OH

Our client is from China who has worked in the United States under an H-1B status. In September 2018, our client married her current U.S. citizen husband.  She retained our office on October 5, 2018 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 19, 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 call. On January 23, 2019, our client was interviewed at the Columbus Ohio USCIS office.  Eventually, on January 24, 2019, her green card application was approved.

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CASE: EB-3 I-140    
EMPLOYER:  Accounting Company in Akron, OH
BENEFICIARY: Chinese Associate Accountant

Our client is from China. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Accounting. After talking to our client, our firm concluded that his employer can petition him as an Associate Accountant. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification.

Prior to filing PERM, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 27, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on June 7, 2018. On September 13, 2018, we promptly filed PERM. Eventually, on November 8, 2018, the PERM Labor Certification was approved – an EB3 position for the Chinese beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on January 3, 2019 via premium processing service. Eventually, on January 11, 2019, the I-140 EB3 Petition for our Chinese client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green card once his priority dates become current.

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

NATIONALITY: Chinese

LOCATION: Indiana

Our client was a citizen of China who came to the U.S. on a J-2 Visa in 1999.  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.

She turned 21 in August 2018. She would like to get a waiver because she has a prospective employer who will file the H-1B petition for her next year. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of 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 August 2018.

Our firm was retained to do her J-2 waiver, and on November 6, 2018, 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 December 3, 2018, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On December 14, 2018, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: EB-3 I-140    
EMPLOYER:  Architecture Company in Cleveland, OH
BENEFICIARY: Chinese Architectural Designer

Our client is from China. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Architecture. After talking to our client, our firm concluded that his employer can petition him as an Architectural Designer. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification.

Prior to filing PERM, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 20, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on June 6, 2018. On August 28, 2018, we promptly filed PERM. Eventually, on October 29, 2018, the PERM Labor Certification was approved – an EB3 position for the Chinese beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on November 6, 2018 via premium processing service. Eventually, on November 16, 2018, the I-140 EB3 Petition for our Chinese client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green card once his priority dates become current.

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CASE: PERM Labor Certification    
EMPLOYER:  Accounting Company in Akron, OH
BENEFICIARY: Chinese Associate Accountant

Our client is from China. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Accounting. After talking to our client, our firm concluded that his employer can petition him as an Associate Accountant. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification.

Prior to filing PERM, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 27, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on June 7, 2018. On September 13, 2018, we promptly filed PERM. Eventually, on November 8, 2018, the PERM Labor Certification was approved – an EB3 position for the Chinese beneficiary. Now our client can file the I-140 petition.

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