CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Cleveland, OH

Our client contacted us in April 2019 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 2002. 

Upon retention, we prepared and filed her N-400 application on June 6, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On August 13, 2019, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied her to the interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on August 15, 2019. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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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: Marriage-Based Adjustment of Status

NATIONALITY: Russian                                                                                                  

LOCATION: Cleveland, Ohio

Our client is from Russia who came to the U.S. on a B-2 visitor’s visa in January 2018. In April 2018, our client married her current U.S. citizen husband.  After she got married, she 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 May 25, 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 officel. On November 19, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our clients. Eventually, on November 21, 2018, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian

LOCATION: Cleveland, OH

Our client is from Nigeria who came to the U.S. on a F-1 Student Visa in December 2016 to pursue his master’s degree in United States.  In February 2018, our client married his current U.S. citizen wife.  He retained our office for his green card application on March 6, 2018. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 6, 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 as well. On June 14, 2018, our client was interviewed at the Cleveland USCIS office. Attorney Sung Hee (Glen) Yu also accompanied our clients as well.  Eventually, on June 15, 2018, his green card application was approved.

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CASE: EB-2 I-140    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Egyptian Periodontist

Our client is from Egypt, who is currently working in the United States as an associate periodontist under his OPT. His current employer was willing to do an immigration petition for him, second-preference. Our client has a dentistry degree in Egypt which was evaluated as an equivalent degree of Doctor of Dental Medicine degree the United States. He also has a license to practice dentistry in the state of Ohio and has 3 years of residency training in periodontics.  After talking to our client, our firm concluded that his employer can petition him as an associate periodontist. Based on our client’s education and working background, our office determined that he is eligible for EB-2 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 August 18, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 1, 2017. On January 16, 2018, we promptly filed PERM. Eventually, on May 18, 2018, the PERM Labor Certification was approved – an EB2 position for the Egyptian 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 June 1, 2018, via premium processing service. Eventually, on June 8, 2018, the I-140 EB-2 Petition for our Egyptian client was approved without any Request for Evidence (RFE). When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will likely be approved as well.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Burkina Faso

LOCATION: Cleveland, OH

Our client came to the United States from Burkina Faso on a F-1 student visa in December 2014. He married a U.S. Citizen in August 2016 and retained our office on August 22, 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 26, 2016. 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 January 11, 2017, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. In February 2018, the USCIS issued Request for Evidence and requested our client to do updated medical / vaccination check-up with the USCIS approved civil surgeon. Our client did it and submitted the sealed result to the USCIS Cleveland Field Office. Eventually, on March 7, 2018, his green card application was approved.

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CASE: I-485 adjustment of status
CLIENT: Moldovan
LOCATION: Cleveland, OH

Our client came to the United States on a valid J-1 visa from Moldova in June 2007. He remained in the United States for a time longer than permitted. Later, he was placed in deportation proceedings due to his overstay and a Notice to Appear was issued. His asylum relief was denied by the Immigration Judge in April 2012, but an appeal was timely filed.  The BIA appeal was pending when our client contacted our office in March 2014.

While the BIA appeal was pending, our client married his U.S. citizen wife in February 2013. His wife filed an I-130 petition for our client on March 7, 2013.  He contacted our office for legal assistance for Motion to Remand and possible adjustment of status if the Motion is granted.  We explained to him that the Motion to Remand procedure and he retained our office on April 8, 2014. On April 17, 2014, we prepared and filed a Motion to Remand for Adjustment of Status Based on a Pending I-130 on behalf our client. You typically want the I-130 to be approved prior to filing the Motion to Remand, but by submitting the actual I-130 application itself and its supporting documents attached to the Motion, you can show that it is approvable.

In Matter of Coelho, 20 I&N Dec. 464, 473 (BIA 1992), the BIA found that a motion to remand must conform to the same standards as a motion to reopen, where the respondent presents new evidence which would likely change the result of the case. In a Motion to Reopen before the BIA, the Applicant must show that the evidence is material, unavailable at time of original hearing, and could not have been discovered or presented at the original hearing. 8 C.F.R. § 1003.2(c)(1). In this case, the adjustment of status relief was not available for our client at his previous hearing since he was not married his U.S. Citizen wife.  

Our office filed a Motion to Remand for Adjustment of Status based on a pending I-130 to the BIA on April 17, 2014. We argued that our client will be eligible for adjustment of status once the I-130 is approved since he had a legal entry to the U.S., has no criminal records, and has no other grounds of inadmissibility. We also attached lots of bona fide marital evidence between our client and his U.S. citizen wife to demonstrate the I-130 petition is approvable.

While his motion was pending before the BIA, he and his wife appeared for the I-130 interview on May 5, 2014. Prior to the interview, we thoroughly prepared our client at our office.  On the day of our client’s I-130 interview, our attorney accompanied them at the Cleveland, OH USCIS. The interview went well, I-130 petition was approved for our client.

On June 6, 2014, the BIA granted our motion, reopened our client’s case, and the record was remanded for further proceedings.

His case was remanded and scheduled for master calendar hearing on July 12, 2017. With the approved I-130 petition, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents on July 3, 2017. The DHS counsel in Cleveland, OH agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on July 12, 2017 hearing.  

After his removal proceeding was terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on August 2, 2017. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients. On October 19, 2017, our client was interviewed at the Cleveland, OH USCIS. Attorney JP Sarmiento accompanied our clients as well.  After the interview, his I-485 application was approved.  Now, our client became a green card holder.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Romanian                                                                                                       

LOCATION: Cleveland, OH

Our client is from Romania who came to the U.S. on an H-2 visa as a seasonal worker in April 2014. In September 2015, our client married his current U.S. citizen wife.  He retained our office in February 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 11, 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 as well. On June 12, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. The interview well, and the I-130 petition was approved on the same day.

However, the USCIS Cleveland Field Office scheduled an additional interview for our client. On July 3, 2017, our client appeared at the USCIS Cleveland Field Office again for his second interview. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. During the interview, the officer asked our client regarding his H-2B work and why he left his job. Nevertheless, after the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Kenyan                                                                                                        

LOCATION: Cleveland, OH

Our client is from Kenya who came to the U.S. on a F-1 student visa to pursue his undergraduate degree. In May 2016, our client married his current U.S. citizen wife.  He retained our office in November 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 19, 2016. 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 as well. On June 30, 2017, 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 July 3, 2017, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor’s visa in March 2016. Her J-1 program was not subject to the 212(e), two-year foreign residency requirement. In January 2017, our client married her current U.S. citizen husband.  She retained our office on February 15, 2017, for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 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 as well. On June 26, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu, a partner for our office also accompanied our clients as well. Eventually, on the same day of the interview, her green card application was approved.

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