CASE: Asylum in Immigration Court

CLIENT: Ethiopian

LOCATION: Cleveland Immigration Court

Our Ethiopian client came to the United States on a B-2 visa in January 2010. He was persecuted and harmed in Ethiopia based on his political opinion and political activism, so within one year of his entry, he filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS.

He was interviewed at the Asylum Office, but his case was referred to an immigration judge in September 2010. The Notice to Appear was issued and our client was placed in removal proceedings. The USCIS thought that our client’s testimony was different from that of his written statement and found that there is no future persecution.

After the case was referred to the Immigration Court, our client contacted our office in early December of 2010, and eventually retained our office on December 10, 2010.

Our client was scared to go back home to Ethiopia, fearing that he will be persecuted based on his political opinion and his past political participation which alleged to be anti-government activities.

While our client was a medical student in Ethiopia, he actively expressed his opinion regarding the problematic election process, called meetings in campus and informed fellow students about their voting rights. As a result, he was arrested and detained multiple times by the Ethiopian police and has experienced harm and mistreatments in numerous occasions.

We helped him supplement his asylum application and represented him in immigration court hearings. We also asked him to provide supporting documents corroborating his claim, some of which were a letter from his family member in Ethiopia, and his membership certification with the different organizations. Our firm also did some research on articles related to his claim, and the type of persecution he will experience in Ethiopia if sent back.

Our client’s individual hearing was scheduled on February 19, 2013 at the Cleveland Immigration Court. Attorney Sung Hee (Glen) Yu from our firm prepared him extensively twice, both of which lasted several hours. He also represented our client at his Individual Hearing.

During the hearing, our client testified credibly as to his past persecution in Ethiopia and likelihood of future persecution. After the hearing, the Immigration Judge granted asylum relief for our client. He is now an asylee who will get his work permit in a short period of time and will be eligible to apply for permanent residency in one year.

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CASE: Marriage-Based Adjustment of Status.

NATIONALITY:Indonesian

LOCATION: Cleveland, OH

Our client is from Indonesia who came to the U.S. on a J-1 Visa in July 2007.  He came to the U.S. for business training, but his J-1 program was subject to two-year foreign resident requirement. He overstayed.

In June 2012, our client married his U.S. Citizen wife.  He is eligible to get a green card through his marriage, but he had to get a waiver of his two-year foreign residency requirement first. In order to get a waiver of his two-year foreign residency requirement, he consulted with our office and later decided to retain our office on June 26, 2012.

As our previous success story explained, our office worked on our client’s J-1 waiver. Eventually, the Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 16, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS issued an I-612 approval notice for our client’s waiver of two-year foreign residency on November 19, 2012.

After we received the I-612 waiver, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on November 29, 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 February 13, 2013, our client was interviewed at the Cleveland USCIS office.  We accompanied our client at his interview as well.  On the same day, his green card application was approved.

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CASE: I-485 Approval
CLIENT: Indonesian
LOCATION: Cleveland, Ohio

Our client came to the U.S. on a valid B-2 visa from Indonesia in March 2003. Our client had a final order of removal after his asylum case was denied at the Cleveland Immigration Court and then by the BIA.

In December 2011, our client married his U.S. Citizen wife and through our office, filed an I-130 petition on January 3, 2012. Unfortunately, our client was picked up by Immigration and Customs Enforcement due to his final order. So after we obtained the I-130 receipt notice, even before the I-130 was approved, we filed a Motion to Reopen on January 10, 2012, within the 90-day deadline for filing Motions to Reopen with the BIA.

Eventually, the BIA granted our client’s Motion to Reopen on February 8, 2012, and remanded it to the Immigration Judge to allow our client to apply for adjustment of status (green card). Our client got out of jail.

Our client’s I-130 interview was scheduled on July 23, 2012 at Cleveland USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his wife for the interview. Attorney Sarmiento also accompanied them for their interview. The I-130 petition was eventually approved the next day.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with a copy of the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings at our client’s Master Calendar hearing on November 7, 2012. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice.

Once his case was terminated by the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on November 27, 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 conference all.

On February 7, 2013, our client was interviewed at the Cleveland CIS office. Our client was fully prepared and the interview went well.  On the same day, his green card application was approved.

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CASE: H-1B Extension

PETITIONER: Electric Immersion Heater Manufacturer

BENEFICIARY: Indian Procurement Engineer

LOCATION: Cleveland, OH

Our client is a procurement engineer from India who currently works at an electric immersion heating manufacturing company in the greater Cleveland area. He is currently on a valid H-1B visa.

As our previous success stories show, he got his H-1B visa and I-140 petition through our legal assistance. His H-1B status was about to expire when his I-140 petition was approved. He retained our office in late September 2012 again, and sought legal assistance from us for his H-1B 3-year extension.

Ou office prepared his H-1B extension application. The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on November 13, 2012 to the USCIS California Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on January 30, 2013. The H-1B is good from February 14, 2013 to February 13, 2016.

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CASE: H-1B Extension

PETITIONER: Molded Component Manufacturer

BENEFICIARY: British Liquid Injection Molding (LIM) Process Engineering Manager

LOCATION: Cleveland, OH

Our client is a Liquid Injection Molding (LIM) process engineering manager from the United Kingdom who currently works at a molded component manufacturing company in the greater Cleveland area on a valid H-1B visa. As our previous success stories show, he got his EB-2 I-140 petition through our legal assistance. His H-1B status was about to expire when his I-140 petition was approved. He retained our office in early November 2012 again, and sought legal assistance from us for his H-1B 3-year extension.

Once we were retained, our office prepared his H-1B extension application. The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on November 29, 2012 to the USCIS California Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on January 28, 2013. The H-1B is good from December 1, 2012 to November 30, 2015.

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CASE: N-336 (Citizenship / Naturalization / Request for a Hearing on a Decision in Naturalization Proceedings)
APPLICANT: Indian
LOCATION: Ohio

Our client filed an N-400 application in June 2012 to the USCIS. He came to the United States from India and obtained his green card in 2001.  However, on September 28, 2012, the USCIS denied his naturalization application due to insufficient submission of his criminal records in the past.

The USCIS informed him that if he believes that he can overcome the grounds for the denial, he can submit a request for a hearing on Form N-336 within 30 calendar days of the issuance of the denial decision.  He retained our office and sought for legal assistance of his N-336 application.

The N-336 application was filed on October 23, 2012 with all supporting documents including all of his previous certified criminal records. Our office prepared him before his N-336 interview, and also accompanied him on December 17, 2012 at the Cleveland CIS office. Our client explained about his previous criminal cases and submitted all of the requested documents. On January 16, 2013, his N-336 application was approved. His oath taking will be scheduled in February in which he will become a naturalized U.S. Citizen.

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

Our client came to the United States in 2010 with an F-1 student visa from Ghana to pursue her bachelor’s degree in the United States.  She married a U.S. Citizen in September 2012 and retained our office on October 5, 2012 for her adjustment of status application.

They did not live together, but visit each other every week. This was because the US Citizen spouse lived and worked in Cleveland, while her spouse was studying in Wooster Ohio.

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 25, 2012.  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 at our office.

On January 8, 2013, less than three months from the time filing, our client was interviewed at the Cleveland, OH USCIS office. Our attorney accompanied our clients as well. Despite not living together, because of other bona fide evidence and their answers and demeanor at the interview, her green card application was approved on the same day.

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

Our client came to the United States in November 2007 with a B-2 visitors visa from the Philippines. She overstayed her visa and remained in the United States.

She fell in love with a US Citizen and got married in September 2012. She then retained our office on October 1, 2012 for her adjustment of status application.

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 19, 2012.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no Requests for Evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On January 3, 2013, our client was interviewed at the Cleveland, OH USCIS.  Attorney Sung Hee Yu from our office accompanied our clients as well. On the same day, her green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: Cleveland, OH

Our client entered the United States in June 2012 from South Korea under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) during the summer. As a Visa Waiver Entrant, she was only authorized to remain in the United States for only 90 days.

Later, in September, our client and her U.S. citizen boyfriend married in the United States. Her husband contacted our office, and they retained us on September 10, 2012.  One main issue in her green card application through marriage was the fact that she came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on September 18, 2012.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized period of stay expired. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared our clients. On December 21, 2012, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  We accompanied them at the interview as well.  Despite the visa waiver issue, on December 26, 2012, the USCIS approved her green card application.  Now, our client is a green card holder.

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CASE: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization Document

APPLICANT / BENEFICIARY: Chinese Client in Cleveland, OH

As our office explained before on our website, the USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases (DACA). According to the USCIS Deferred Action Memorandum issued in August 2012, an individual who meets the following criteria may apply for deferred action:

• Was under the age of 31 as of June 15, 2012;
• Came to the U.S. before reaching his/her 16th birthday;
• Has continuously resided in the U.S. since June 15, 2007, up to the present time;
• Was physically present in the U.S. on June 15, 2012, and at the time of application to the USCIS;
• Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
• Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
• Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;

Our client initially came to the United States in March 2000 without admission and inspection by the CBP officers when she was only 15 years old.  As of June 15, 2012, our client was twenty-eight (27) years old. Our client was able to enroll in high school in 2001, but she did not finish.  However, she is currently enrolled in the ABLE program and she goes to class at the local high school in the Cleveland area.  Also, since her last entry to the United States in March 2000, our client never left the United States.

She was physically present in the United States on June 15, 2012 and has continuously resided here since March of 2000. Moreover, our client has never been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

Our client retained us on August 15, 2012. We informed her of all supporting documents we would need. Our client and her family members sent us supporting documents that proved our client’s education history, physical presence in the United States, and her initial entry to the United States. Our office also prepared Form I-821D and I-765, and drafted a detailed cover letter demonstrating why our client should merit this relief.

On October 9, 2012, our office filed her I-821D and I-765 to the USCIS. Our client went to the ASC Appointment (Biometric appointment) at the Cleveland, OH USCIS office on November 1, 2012. On December 13, 2012, the USCIS approved our client’s I-821D and I-765, good for two years.

Our client can now work and study in the United States lawfully.

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