CASE: I-485 based on Approved I-140 (EB-2)

APPLICANT: Korean

LOCATION: Ohio

Our client is an assistant professor from South Korea, who is currently teaching at a state university which was willing to petition her for a second-preference petition (I-140).  Our client has a Ph.D. degree and has worked for this school since 2015. She has maintained her status as an H-1B visa holder in the United States. She had an approved I-140 petition which was filed by her current employer and this I-140 petition’s priority date was July 12, 2016.

In August 2017, she contacted our office and retained us for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on October 6, 2017. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On June 11, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. Eventually, on June 12, 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: I-485 Adjustment of Status / I-140 (EB-2)
CLIENT: Korean Associate Dentist

Our client is from South Korea, who is currently working in the United States as an associate dentist under H-1B status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that her employer can petition her as an associate dentist. 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, 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 10, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 16, 2017. On August 4, 2017, we promptly filed PERM. Eventually, on December 21, 2017, the PERM Labor Certification was approved – an EB2 position for the Korean 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 11, 2018 via premium processing service. Eventually, on January 22, 2018, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On February 9, 2018, 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.

Prior to the interview, we thoroughly prepared our client via conference call as well. On June 18, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our client as well. Eventually, on June 19, 2018, her green card application was approved.

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CASE: Marriage-Based Immigrant Petition and Adjustment of Status

CLIENT: Filipina

LOCATION: Cleveland, OH

Our client came to the United States from the Philippines on a B-2 visitor’s visa in January 2012. She married a U.S. Citizen in February 2014 and retained our office on August 26, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485  of Status Application on October 28, 2015.  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 26, 2016, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on the same day of the interview, her green card application was approv

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Cleveland, OH

Our client came to the United States in September 2001 with an A-2 visa (The A-2 diplomatic visa is a nonimmigrant visa which allows foreign accredited officials, not in the diplomatic category, to enter into the U.S. to engage in official activities of their government) from Ghana. Since then, she has maintained her A-2 status, finished her school, and she is currently working as a nurse in the United States.

She married a U.S. Citizen in July 2013 and retained our office on October 25, 2013 for her adjustment of status application. They were not living together but based on our conversation, the marriage was bona fide. The US Citizen lived in Ohio, the beneficiary lived in Maryland.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 8, 2013.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. We also requested that the interview be held in Cleveland Ohio.

Prior to the interview, we thoroughly prepared our clients through conference calls. On June 9, 2014, our client was interviewed at the Cleveland, Ohio USCIS.  Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. On June 23, 2014, her green card application was approved.

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CASE: Adjustment of Status based on I-130 petition for minor step-son of US Citizen

CLIENT: US Citizen Petitioner; Mongolian Beneficiary

LOCATION: Cleveland, OH

Our clients are a U.S. citizen husband and his Mongolian wife in Cleveland, OH.  Our client has a son from her previous marriage. Her son came to the United States with B-2 visitor’s visa from Mongolia in September 2013 and has lived with them in Cleveland, Ohio.

Her U.S. citizen husband decided to petition for his step-son for an I-130 petition and the step-son wanted to file an adjustment of status application.

They contacted our office in January 2014 and retained our office to help them for the I-130 and I-485 for their step-son. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 13, 2014.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Eventually, on June 5, 2014, the USCIS approved both the I-130 petition and I-485 adjustment of status application without an interview. Now, our client’s minor step-son is a green card holder.

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CASE: I-485 (National Interest Waiver)

CLIENT: Korean

LOCATION: Santa Clara, California

Our client contacted us in June 2013 about the possibility of doing a National Interest Waiver application for him. He is a post-doctorate researcher and scientist in the field of Aerospace Engineering and Science, and was working as a research fellow for NASA at the time of his filing.

Our client is an extraordinary researcher and engineer in the field of Aerospace Engineering Research; specifically, computational fluid dynamics (CFD) and flow control.

His significant contributions have placed him at the pinnacle of the field of Aerospace engineering. Our client’s expertise is in the development of computational fluid dynamics (CFD) which meets the contemporary requirements for not only conventional development but also revolutionary aircraft design. He has been helping a U.S. aircraft company investigate the feasibility of their designs under consideration by performing very complex CFD analysis and suggesting alternative optimal new configurations.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for the NIW is beneficial since you would not need an employer nor family member to petition 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 19-page brief for our client’s NIW filing. Our client also obtained 9 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 45 exhibits. Our office filed his I-140(NIW) petition at the USCIS Nebraska Service Center on July 29, 2013 along with his I-485 adjustment of status application.

However, on September 16, 2013, the USCIS issued a Request for Evidence for his I-140 petition. In response to the RFE request, our office prepared a brief which included notes from scientists in the field regarding updates of his work and the importance of his past work in physics-based turbulence model and computational fluid dynamics research.  We also emphasized our client’s past accomplishments and the benefits of his work. Our Response to RFE was filed on November 13, 2013. Eventually, on December 6, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition.

When we filed our client’s I-140 (NIW) application, we concurrently filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. While our client was waiting for the adjudication of his I-140, our client received his work permit and travel permit from the USCIS.

Eventually, on March 13, 2014, the USCIS Nebraska Service Center approved our client’s adjustment of status application. He is now a green card holder.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition / I-485 Adjustment of Status
CLIENT: Ghanaian
LOCATION: Cleveland, Ohio (EOIR) / Columbus, Ohio (USCIS)

Our client is a Ghanaian citizen who came to the U.S. on an F-1 Student Visa in August 2003 to study at a college in West Virginia.  He married his ex-wife in 2007, but their marriage ended sometime in 2011.  At the latter part of his previous marriage, his ex-wife, a U.S. Citizen, filed an I-130 petition for him, but later she withdrew the petition as their marriage was not working out at that time. The I-130 petition and our client’s I-485 application were denied, and a Notice to Appear was issued. Our client was placed into removal proceeding.

Our client then married his current U.S. Citizen wife in August 2011, and he retained our office on August 29, 2011. Once retained, our office immediately filed an I-130 Petition with bona fide marriage evidence on September 2, 2011.  While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on October 19, 2011 for his initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented him at the hearing, did pleadings, and sought adjustment of status relief upon approval of the I-130 petition.

Our client’s I-130 interview was held on March 26, 2012 at the Columbus USCIS Filed Office.  Prior to the interview, our office thoroughly prepared our client and his wife for the interview at our office. Attorney Yu also accompanied them for their interview. The interview lasted one hour, but the I-130 petition was eventually approved on the same day.

After the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice.

After his removal proceedings were 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 May 14, 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. On July 13, 2012, our client was interviewed at the Columbus USCIS office. Two days later, his I-485 application was approved.  After eight years in the United States, our client is finally a green card holder.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Chicago, IL

Our client came to the United States in January 1994 with an H-1B visa from the Philippines. Although her authorized stay expired on December 29, 1994, she remained in the United States. She married a U.S. Citizen in January 2011 and retained our office a few months later.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 17, 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 through conference call. On July 11, 2012, our client was interviewed at the Chicago, IL USCIS.  We accompanied our client at her interview 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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Also feel free to contact our office anytime for free phone or in-person consultations.

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Case: I-130/I-485
Applicant/Beneficiary – Indian
Location: Cleveland, Ohio

Our client entered the United States in May 2011 from India with B-2 visitor visa. He married a U.S. citizen in October 2011 and retained our office on October 31, 2011 for his adjustment of status application.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on November 9, 2011.  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 January 26, 2012, our client was interviewed at the Cleveland, OH USCIS.

On February 29, 2012, the USCIS issued a Request for Evidence (RFE) for our client. The CIS requested more documents that will demonstrate the bona fide nature of our client’s marital relationship with his wife.  In response to that, our office filed a Response to RFE on April 24, 2012.  We submitted several notarized affidavits from Petitioner’s ex-husband, family, mutual friends and neighbors. Eventually, on June 28, 2012, the I-130 Petition and I-485 Green Card Application were approved. Our client is now a green card holder.

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.

For other success stories, please click here.

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

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