CASE: PERM Labor Certification    
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 thought that his employer can petition him as an Architectural Designer. Based on our client’s education and work background, our office thought that he is clearly 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. Now our client can file the I-140 petition.

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

CLIENT: US Citizen Petitioner Son; Chinese Beneficiary Parents in China

LOCATION: Petitioner: Ohio; Beneficiary: China

I-130 FILED: June 9, 2017

I-130 APPROVED: December 5, 2017

IV APPROVED: September 26, 2018

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

On June 9, 2017, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On December 5, 2017, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get his parents over to the United States.

On May 3, 2018, 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 parents at the U.S. Consulate in Guangzhou, and we prepared them for their interview. On September 26, 2018, the U.S. Consulate in Guangzhou, China approved and issued their immigrant visa.

With the approved immigrant visa, our client’s parents can come to the United States immediately, and they will get their green cards 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: Madison, WI

Our client is a citizen of China who came to the U.S. on a J-2 Visa in 2013.  He came with his father who came on a J-1 Visa for his 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 March 2018. He would like to get a waiver because he has a prospective employer who will file the H-1B petition for me next year. However, because of his two-year foreign residency requirement, our client cannot change his 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 2018.

Our firm was retained to do his J-2 waiver, and on August 16, 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 September 4, 2018, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On September 26, 2018, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-140 (EB-3 / Skilled Worker)    
EMPLOYER: Chinese Restaurant
BENEFICIARY: Chinese
LOCATION: Ohio

Our client is a Chinese restaurant in Ohio. They had a prospective employee from China and they were willing to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Chinese cook. After talking to our client, our firm concluded that they can petition him as a Chinese Specialty Cook. Our client eventually retained us on September 29, 2016.

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 October 6, 2016, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on January 24, 2017. On June 9, 2017, we promptly filed PERM. Eventually, on October 25, 2017, 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 22, 2018 via regular processing service. Eventually, on September 18, 2018, the I-140 EB3 Petition for our Chinese client was approved without any Request for Evidence (RFE). He can file an immigrant visa once his priority date becomes current.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese

LOCATION: Cleveland, OH

Our client is from China who came to the U.S. on a F-1 student visa. In May 2018, our client married her current U.S. citizen husband.  She retained our office for her green card application, and our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 7, 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. On August 24, 2018, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on September 5, 2018, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese

LOCATION: Hartford, CT

Our client is from China who came to the U.S. on a B-2 visitor’s visa in December 2015. In July 2017, our client married her current U.S. citizen husband.  She retained our office for her green card application on August 17, 2017. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 31, 2017.  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 1, 2018, our client was interviewed at the Hartford Connecticut USCIS office.  Eventually, on August 8, 2018, her green card application was approved. 

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese

LOCATION: Cleveland, OH

Our client is from China who came to the U.S. on a F-1 student visa. In August 2017, our client married her current U.S. citizen husband.  She retained our office for her green card application on October 26, 2017. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 21, 2017.  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. On July 30, 2018, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on August 8, 2018, her green card application was approved.

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CASE: Asylum

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client, a Chinese asylum seeker in Cleveland, OH, retained us on January 3, 2018 to help her with her asylum case. She came to the United States in January 2017 with a B-2 visitor’s visa from China. She wanted to seek asylum relief with the US Citizenship and Immigration Service.

While she was in China, she was persecuted and mistreated by the government based on her Christianity belief. She was also persecuted based on her medical conditions as well. She is scared to go back home to China, fearing that she will be persecuted again.

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

The asylum application was filed on January 9, 2018 which was within one year of her entry to the United States.  Thereafter, the CIS issued an interview notice for her asylum case, scheduled for May 3, 2018 in Cleveland, OH USCIS Asylum Office. Prior to her interview, our office prepared her thoroughly for her case at our office to make sure she was able to address questions the asylum officer would ask. Attorney Sung Hee (Glen) Yu from our office also accompanied our client at her interview.

On July 12, 2018, the USCIS approved our client’s asylum case. She is now an asylee and will be eligible to apply for permanent resident status in one year.  

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CASE: Asylee Adjustment of Status
CLIENT: Chinese
LOCATION: Albany, NY

Our client came to the United States from China on an F-1 student visa, and through our legal assistance, he was granted asylee status in December 2016 at the New York Immigration Court.

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 December 2017, one year after he got his asylee status in the United States, our client contacted our office again and sought legal assistance for his adjustment of status.  We prepared and filed his I-485 Adjustment of Status Application on December 19, 2017. Everything went smoothly and the receipt notice and fingerprint appointment all came on time.

Prior to the interview, we thoroughly prepared our client via conference calls. On July 11, 2018, our client was interviewed at the Latham, New York USCIS Field Office. Attorney Sung Hee (Glen) Yu accompanied him at the interview as well.  The interview went well, and after the interview, the USCIS approved our client’s Adjustment of Status application. He is now a permanent resident of the United States.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese

LOCATION: Cleveland, OH

Our client is from China who came to the U.S. on an H-1B visa. In May 2017, our client married her current U.S. citizen husband.  She retained our office for her green card application in June 2017. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 27, 2017.  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. On June 4, 2018, our client was interviewed at Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on June 5, 2018, her green card application was approved.

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