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

CLIENT: US Citizen Petitioner Mother; Chinese Beneficiary Minor Son in China

LOCATION: Petitioner: Ohio; Beneficiary: China

I-130 FILED: June 11, 2014

I-130 APPROVED: July 21, 2014

IV APPROVED: June 1, 2015

Our client retained us to bring her minor son over from China. She was born and raised in China, but was naturalized in the United States.

On June 11, 2014, our firm filed an I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On June 21, 2014, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get her son over to the United States.

On March 12, 2015, we filed the immigrant visa packet 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 son at the U.S. Consulate in Guangzhou, and we prepared him for his interview. On June 1, 2015, the U.S. Consulate in Guangzhou, China approved and issued their immigrant visa.

With the approved immigrant visa, our client’s son can come to the United States immediately, and he will get their green cards within two weeks of entry.

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CASE: I-140 / EB-11 (Alien of extraordinary ability)

CLIENT: Chinese

LOCATION: Cleveland, Ohio

Our client contacted us in May 2014 about the possibility of getting an immigrant visa through the EB-11 category. He is an internationally known Pianist and is currently working as a pianist in the Cleveland area.  Our client has received multiple international awards and has appeared in numerous recitals in several cities in the world.  Also, has performed at the Carnegie Hall in New York City,  and has been published in publications such as the Plain Dealer. Upon review of his credentials and qualifications, our office determined that he was qualified for the EB-11 category, an alien of extraordinary ability.

According to the INA Section 203(b) states, in pertinent part, that:

(1)   Priority workers – visas shall first be made available… to qualified immigrants who are aliens described in any of the following sub-paragraphs (A) through (C):

(A) Aliens with extraordinary – an alien is described in this sub-paragraph if-

(i)                 The alien has extraordinary ability in the sciences, arts, education, business, or athletes which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

(ii)               The alien seeks to enter the United States to continue work in the area of extraordinary ability, and

(iii)             The alien’s entry into the United States will substantially benefit prospectively the United States.

USCIS has consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant visas as aliens of extraordinary ability.  See H.R. 723 101^st Cong.2d Sess. 59 (1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991).  The term “extraordinary ability” refers only to those individuals in that small percentage who have risen to the very top of the field of endeavor. Id. And 8 C.F.R. § 204.5(h)(2).

The regulation at 8 C.F.R. § 204.5(h)(3) requires that an alien demonstrate his or her sustained acclaim and the recognition of his or her achievements in the field.  Such acclaim and achievements must be established either through evidence of a one-time achievement (that is, a major international recognized award) or through meeting at least three of the following ten categories of evidence:

(i)                 Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(ii)               Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

(iii)             Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.  Such evidence shall include the title, date, and author of the material, and any necessary translation;

(iv)             Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

(v)               Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

(vi)             Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;

(vii)           Evidence of the display of the alien’s work in the field at an artistic exhibitions or showcases;

(viii)         Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

(ix)             Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

(x)               Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

After the review of our client’s credentials and qualifications, we determined that our client can meet 4 of the 10 categories, which is more than 3 required as an alien of extraordinary ability. Our client has been awarded numerous national and international awards for his piano performance; has made an original contribution in the musical field of piano performance; has participated in a judging panel in numerous prestigious national and international piano competition events; and his distinguished achievements and success in piano performance were published in professional and major media.

Our office prepared a 19-page brief for our client’s EB-11 filing. Our client also obtained 8 letters of recommendation from internationally well-known piano professors and players. Our office also included his performance coverage, awards, media coverage, medals, recital records, and other materials to show that he is an alien of extraordinary ability in piano performance. His EB-11 I-140 application contained 55 exhibits.

Our office filed his I-140 (EB-11) petition to the USCIS Nebraska Service Center via regular processing on October 31, 2014.

However, on April 13, 2015, the USCIS issued a Request for Evidence (RFE). In the RFE, the USCIS claimed that our client only met 2 of the 10 requisite statutory categories of EB-11. In the response brief, our office demonstrated that our client indeed met more categories and provided more letters of recommendations, media coverage documents, recent performance records, and leadership positions.  Our office filed the response to RFE on June 19, 2015.  Eventually, on July 7, 2015, the USCIS Nebraska Service Center approved his I-140 self-petition.

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CASE: H-1B Visa Petition
PETITIONER:  Consulting Company
BENEFICIARY: Bulgarian Management Analyst

Our client is a consulting company located in Cleveland, Ohio.  They contacted our office in February of this year to seek legal assistance from our office for their foreign employee.  The beneficiary obtained her Bachelor’s degree in Finance in Bulgaria and her MBA degree in the United States. The proffered position for the Beneficiary is a management analyst which qualifies as a specialty occupation.  This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Business / Finance or its equivalent.

Once retained, our office filed the H-1B visa petition with various supporting documents on March 31, 2014 via premium processing service. This H-1B petition was selected after the lottery and was processed. Our client’s H-1B application was approved on May 7, 2014.

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CASE: I-485 (Based on EB-2 I-140 Approval)
CLIENT: British Engineering Manager
LOCATION: Cleveland, OH

Our client is an engineering manager from the United Kingdom, who is currently working at a molded component manufacturing company in the greater Cleveland area. The company/petitioner was willing to petition him for a green card, in the second-preference category (EB2).

Our client has a Bachelor’s degree and has more than 5 years of related work experience. He has maintained his status as an H-1B visa holder in the United States. The issue is that he can only renew his H-1B after an I-140 petition is approved. After talking to our client, our firm advised that his potential employer can petition him as an Engineering Manager, specifically, Liquid Injection Molding (LIM) Process Engineering Manager.

Prior to filing the PERM labor certification application, 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. As mentioned on our previous success story, we filed the PERM labor certification application for our client on August 8, 2012. Two months later, on October 10, 2012, the PERM labor certification was approved. There were no audits in this application. Our client retained us again for the I-140 petition.

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, employment verification letters from our client’s previous employers, and other necessary supporting documents.

The I-140 Petition was filed on October 31, 2012 via premium processing. On November 8, 2012, in only eight days, the I-140 EB2 for our British client was approved.

After the I-140 was approved, our client retained our office again for his I-485 adjustment of status application. On March 28, 2013, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on May 31, 2013, only about two months later, the USCIS Nebraska Service Center approved our client’s I-485 application.  Our client now is a green card holder.

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CASE:  I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Filipina

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a B-2 Visitor’s Visa in March 2009. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings in Cleveland, Ohio.

Our client married her U.S. citizen husband in April 2011 in Ohio. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in June 2012. Unfortunately, after being in Court prior to our retention about 4 to 5 times, she could not get her case terminated.

She contacted our office around September 2012 to seek legal assistance. She retained our office in October 1, 2012.

After our office was retained, we prepared and filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents to the Cleveland Immigration Court. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on February 5, 2013.

Once her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on February 25, 2013, together with other necessary forms and supporting documents. 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 May 10, 2013, our client was interviewed at the Cleveland CIS office. Our attorney Sung Hee (Glen) Yu accompanied them as well. Our client was fully prepared and the interview went well.  On May 17, 2013, her green card application was approved.

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If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage-based green card success stories, please click here.

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CASE:  I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Liberian

LOCATION: Cleveland, Ohio

Our Liberian client came to the U.S. on a B-2 Visitor’s Visa in October 1996. He remained in the United States after his authorized stay expired. He was a minor at that time.

Because of his overstay, he was placed in removal proceedings in Cleveland, Ohio.

His hearing was coming up when he retained us in January 10, 2011. He just got married to his spouse a few days earlier. We prepared and filed the I-130 petition on his behalf on January 14, 2011.

Attorney Sung Hee (Glen) Yu from our office represented our client at his hearings and sought adjustment of status relief. The I-130 interview was scheduled on August 12, 2011 and our attorney prepared them for the interview and accompanied them as well. The I-130 petition was eventually approved by the USCIS on December 28, 2011.

After the I-130 petition was approved, we filed a Request to Join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to Terminate without prejudice on July 18, 2012.

After removal proceedings were terminated, our office prepared and filed an I-485 Adjustment of Status Application on October 13, 2012, together with other necessary forms and supporting documents. 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 over the phone.

On April 23, 2013, our client was interviewed at the Cleveland CIS office. Our attorney accompanied them as well. Our client was fully prepared and the interview went well.  On May 2, 2013, his green card application was approved.

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If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage based green card success stories, please click here.

For other termination success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Brazilian

LOCATION: Cleveland, OH

Our client came to the United States in September 2000 with a B-2 visitors visa from Brazil. She has remained in the United States ever since.

She married a U.S. Citizen in November 2011 and retained our office on April 30, 2012 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on January 18, 2013.  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 April 12, 2013, our client was interviewed at the Cleveland, OH CIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On the same day, her green card application was approved.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage based green card success stories, please click here.

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CASE: N-400 (Citizenship / Naturalization) APPLICANT: Chinese LOCATION: Cleveland, Ohio

Our client came to the United States from China in 2005 as a permanent resident. She came in on an immigrant visa through marriage. She was married for over two years prior to the immigrant visa and green card issuance, and as such she got a ten year green card. However, she got separated from her husband months after her entry.

Since then, she has worked in the United States as a green card holder, but never applied for naturalization.

When you apply for naturalization three years from your green card issuance, you have to still be married to the US Citizen spouse who petitioned you. If you are separated, you have to wait 5 years from the green card issuance date. This DOES NOT preclude the immigration officers from still making inquiries on the bona fide nature or lack thereof of your previous marriage.

She initially filed her Naturalization Application in April 2012.  However, our client contacted us in early May 2012 and asked our legal assistance, guidance and help for her upcoming naturalization interview.  Our client was concerned about two things. She was concerned about her marital history.  Second, she had numerous trips to China for the last five years.

Although she went to China several times, she never was abroad more than 180 days continuously.

Our office prepared her extensively for the interview, and also accompanied her on July 3, 2012 at the Cleveland CIS office. She indeed was questioned about her marital past for over an hour, but she was ready after our preparations.

Our client answered all questions thoroughly and passed her citizenship interview.

Her N-400 was approved on March 20, 2013. Her oath taking is scheduled on April 5, 2013 in which she will be a U.S. Citizen.

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If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other naturalization and citizenship success stories, please click here.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Korean
LOCATION: Cleveland, OH

Our client came to the United States in August 2007 with an F-1 Student visa from South Korea.  She married a U.S. Citizen in November 2012 and retained our office on November 6, 2012 for her adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 18, 2012.  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 March 8, 2013, our client was interviewed at the Cleveland, OH USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On the same day, her green card application was approved.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage green card success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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CASE: Termination of Removal Proceedings Based on Approved I-130 Petition

CLIENT: Filipina

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a B-2 Visitor’s Visa in March 2009. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings in Cleveland, Ohio.

Our client married her U.S. citizen husband in April 2011 in Ohio. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in June 2012. Unfortunately, after being in Court prior to our retention about 4 to 5 times, she could not get her case terminated.

She contacted our office around September 2012 to seek legal assistance. She retained our office in October 1, 2012.

After our office was retained, we prepared and filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents to the Cleveland Immigration Court. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on February 5, 2013. Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other termination success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations. <a href=”https://plus.google.com/107743308565341841259?rel=author”>Google</a>

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