Our client contacted us in March 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Haiti and obtained his green card in April 2002. He retained our office on March 15, 2016.

The N-400 application was filed on April 26, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him. On July 5, 2016, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on August 12, 2016. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Colorado

Our client contacted us in May 2015 about the possibility of doing a National Interest Waiver I-140 self-petition. He is a researcher from South Korea in the field of photophysical sciences; specifically, solar energy conversion sciences.

His significant contributions have placed him at the pinnacle of the field of photophysical research. His research regarding solid-state morphology in electron transfer processes of organic solar energy conversion devices has shown that the combination of two versatile spectroscopic techniques can bring new insights for complex material systems. Moreover, our client has discovered electronically excited triplet states of single-walled carbon nanotubes (SWNTs) which were highly evaluated by reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 18-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 35 exhibits (Exhibit A to II).
Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on September 11, 2015. Eventually, on June 26, 2016, the USCIS approved his I-140 petition without any Requests for Evidence.  When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will be approved soon as well.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Korean

LOCATION: Cleveland, OH

Our client contacted us in April 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from South Korea and obtained his green card in October 2009. He retained our office on April 12, 2016.

The N-400 application was filed on April 13, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him. On June 27, 2016, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on June 29, 2016. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION:  Cleveland, OH

Our client contacted us in February 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in May 2011 through his previous marriage to a US Citizen. He retained our office on February 10, 2016.

The N-400 application was filed on March 22, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him in our office. On June 13, 2016, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on June 17, 2016. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION:  Cleveland, OH

Our client contacted us in November 2015 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in May 2008 through her father. Her father became a naturalized citizen before she turned 18. When she went to the U.S. Embassy in the Philippines for her immigrant visa interview, she was told that she automatically became a U.S. citizen because her father became a citizen before she turned 18 (this was wrong because she had no physical presence in the US). Thus, two months after she entered the U.S., she applied for a U.S. passport. She obtained her approved U.S. passport, and thought from then that what she was told at the US Embassy was correct. The passport was actually incorrectly issued.

Later, her applied for an N-600 because she wanted to petition her husband and she needed a naturalization certificate, but it was denied. Her sister was told she had to wait 5 years. So in 2013, she applied for an N-600 again, and she was denied one more time. During her N-600 interview, she explained her situation to the officer and so USCIS learned about the US passport situation. It was then that her sister was advised to do her N-400 application.

Her sister’s N-600 application was denied because she was not a U.S. citizen. The automatic citizenship provision not only requires that her father be naturalized before she turns 18, but also that she be physically present in the US by that time. She did not know about this and she thought what she did was correct because her US passport application was approved. She was told at the U.S. Embassy in the Philippines that she is a U.S. citizen and she applied for her U.S. passport which was approved later.  

The issue in her case is the possibility of “false claim to US Citizenship”, which not only would get her citizenship case denied, but may also place her in deportation. Thus, it was important to thoroughly explain her situation so that fault won’t be attributed to her.

She retained our office on November 5, 2015. The N-400 application was filed on November 20, 2015 with all supporting documents. We included an extensive explanatory memo as well. Prior to her citizenship interview, our office prepared her at our office. On May 3, 2016, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney JP Sarmiento from our office accompanied our client and explained our client’s complicated situation to the CIS officer. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on May 24, 2016. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION:  Cleveland, OH

Our client contacted us in November 2015 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in May 2008 through her father. Her father became a naturalized citizen before she turned 18. When she went to the U.S. Embassy in the Philippines for her immigrant visa interview, she was told that she automatically became a U.S. citizen because her father became a citizen before she turned 18 (this was wrong because she had no physical presence in the US). Thus, two months after she entered the U.S., she applied for the U.S. passport. She obtained her approved U.S. passport, and thought from then that what she was told at the US Embassy was correct. The passport was actually incorrectly issued.

Later, she applied for an N-600 because she wanted to petition her husband and she needed a naturalization certificate, but it was denied. She was told she had to wait 5 years. So in 2013, she applied for an N-600 again, and she was denied one more time. During her N-600 interview, she explained her situation to the officer and so USCIS learned about the US passport situation. It was then that she was advised to do her N-400 application.

Our client’s N-600 application was denied because she was not a U.S. citizen. The automatic citizenship provision not only requires that her father be naturalized before she turns 18, but also that she be physically present in the US by that time. She did not know about this and she thought what she did was correct because her US passport application was approved. She was told at the U.S. Embassy in the Philippines that she is a U.S. citizen and she applied for her U.S. passport which was approved later.  

The issue in her case is the possibility of “false claim to US Citizenship”, which not only would get her citizenship case denied, but may also place her in deportation. Thus, it was important to thoroughly explain her situation so that fault won’t be attributed to her.

She retained our office on November 5, 2015. The N-400 application was filed on November 20, 2015 with all supporting documents. We included an extensive explanatory memo as well. Prior to her citizenship interview, our office prepared her at our office. On February 2, 2016, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney JP Sarmiento from our office accompanied our client and explained our client’s complicated situation to the CIS officer. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on April 25, 2016. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION:  Cleveland, OH

Our client contacted us in August 2015 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 December 2006 through her family petition. She retained our office on August 24, 2015.

The N-400 application was filed on September 17, 2015 with all supporting documents. Prior to her citizenship interview, our office prepared her in our office. On March 29, 2016, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on April 11, 2016. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION:  Boston, MA

Our client contacted us in August 2015 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in July 2012 through her marriage with her US citizen husband. She retained our office on August 19, 2015.

The N-400 application was filed on September 8, 2015 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls. On February 22, 2016, our client appeared at the Boston, MA 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 March 2, 2016. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Argentinian

LOCATION: Ohio

Our client contacted us in April 2014 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Argentina and obtained his green card in March 1995. He retained our office for his naturalization and citizenship N-400 application. He was concerned about his multiple DUI convictions and traffic violations. Moreover, our client has health concerns and wanted to include an N-648 medical exemption application (medical certification for disability exceptions).

The naturalization and citizenship N-400 application was filed on July 22, 2015 with all supporting documents. Our office prepared him before his naturalization interview, and also accompanied him on September 29, 2015 at the Cleveland CIS office. Though he has a lot of DUIs in the past, most were before 2008. We argued that he had the requisite good moral character for the statutory 5-year period preceding the N-400 application.

Our client’s history test was waived since his N-648 was granted by the office. Our client passed his English test and did his N-400 interview. The USCIS officer asked our client to submit a certified copy of a criminal record that was previously expunged. We filed the RFE response to the Cleveland USCIS Field Office on October 8, 2015.

Eventually, his naturalization application was approved on October 30, 2015. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

If you have any questions, feel free to contact our office for free consultations with Attorney JP Sarmiento at jp@sarmientoimmigration.com or (216) 573-3712.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Sudanese

LOCATION: Ohio

Our client contacted us in May 2015 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Sudan and obtained his green card in January 1996. However, due to his “Good Moral Character” issue, specifically polygamy, his previous N-400 application was denied in 2006. Nevertheless, after consulting with our office, he retained our office on May 13, 2015.

The N-400 application was filed on June 9, 2015 with all supporting documents. Moreover, our office filed brief regarding the circumstances of our client’s past regarding his marriages, from explaining timing circumstances to incorporating home country culture, basically addressing the reasons which led to the denial of his previous N-400 application.

Prior to his citizenship interview, our office prepared him via conference calls. On October 19, 2015, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on October 20, 2015. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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