APPLICANT: Nigerian

LOCATION: Richmond Heights, OH

Our client contacted our office in June of 2020 regarding his I-751 application.

He is from Nigeria and he married a U.S. citizen. Through his marriage, he obtained his 2-year conditional green card in September of 2020. He retained our office on June 16, 2020. 

On July 3, 2020, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

The USCIS issued a Request for Evidence (RFE). We filed an extensive Response s on May 24, 2021.    

In July 2021, the USCIS scheduled an interview for our client and his wife. Prior to the interview, our office prepared them thoroughly via conference calls. Attorney Sung Hee (Glen) Yu from our office accompanied our clients at the interview. The interview went well and on August 17, 2021, the same day of the interview, the I-751 was approved.

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CASE: I-485/ National Interest Waiver

CLIENT: Korean

LOCATION: Cleveland, OH

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea in the field of Biomedical Engineering. 

Our client’s significant contributions have placed him at the pinnacle of his field. Throughout his research career, our client has made important and innovative contributions to the field of biomedical engineering and his word successfully demonstrated the development of an oral gene delivery for liver cancer treatment based on gene therapy. He also successfully developed novel Polysaccharide-Coated Magnetic Nanoparticles for imaging and gene therapy. Because of his innovative research, our client’s work 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 definitely 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. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id. 

Our office prepared a 27-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. 

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on September 29, 2020. Eventually, on May 28, 2021, 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. Eventually, on August 9, 2021, our client and his immediate family members’ adjustment of status applications were approved by the USCIS without any Request for Evidence (RFE). 

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CASE: N-400 Citizenship / Naturalization
APPLICANT: Chinese
LOCATION: Cleveland, OH

Our client contacted us in October 2020. He came to the United States from China and became a permanent resident in January 2011. He retained our office for his naturalization application. The main issue of his naturalization case was the one long, over six-month trips he had within the past five years. 

According to INA §316(b) and 8 C.F.R. §316.5.(c)(1)(i), an absence between 6 months and 1 year from the United States raises a rebuttable presumption that continuity of residency has been interrupted. That would be an issue in naturalization cases, where continuity of residence is essential. Applicants with this issue should rebut that presumption. 

Our client was out of the United States for almost a year from September 2019 until September 2020. Our client was in Wuhan, China and wanted to stay there for less than 6 months, but he had to stay there more than 6 months due to the Travel Ban /Lockdown due to the COVID-19 pandemic. Our client wanted to rebut the presumption by arguing that his last trip was more than 6 months due to the COVID lockdown and he did intend to maintain his continuity of residency in the U.S. 

The brief and his N-400 application were filed on October 20, 2020 with all necessary supporting documents. Our office prepared him for his interview via conference calls. Our client appeared at the USCIS Cleveland Field Office for his N-400 interview on April 30, 2021. Attorney Sung Hee (Glen) Yu from our office also accompanied our client.  He answered all questions correctly and passed his citizenship interview. Eventually, his N-400 was approved on August 4, 2021. His oath taking is scheduled soon where he will become a U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: North Canton, OH

Our client contacted us in May 2021 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 January 2021.

His N-400 was filed on May 14, 2021. Prior to his citizenship interview, our office prepared him via conference calls.  On July 26, 2021, our client appeared at the Cleveland, Ohio USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On July 29, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-485 based on Approved I-140 (EB-3)

 APPLICANT: Indian

 LOCATION: Solon, OH

Our client is a computer systems analyst from India. His company was willing to do a third-preference petition (I-140) for him.  He has maintained his status as an H-1B visa holder in the United States.  He had an approved I-140 petition which was filed by his current employer and this I-140 petition’s priority date was October 24, 2011.

In October 2020, his priority date became current. He contacted our office and retained us for his and his wife’s I-485 adjustment of status applications. Our office filed the I-485 adjustment of status applications on October 27, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on July 27, 2021, the USCIS approved our client’s adjustment of status application. He is now a green card holder.

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CASE: I-751

APPLICANT: Ivorian

LOCATION: Toledo, OH

Our client contacted our office in January of 2020 regarding his I-751 application.

He is from Ivory Coast and he married a U.S. citizen in May 2017. Through his marriage, he obtained a 2-year conditional green card in March 2018.  His conditional residency terminated in March 2020.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on January 17, 2020 and our office prepared the I-751 application.

On March 4, 2020, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

The USCIS issued a Request for Evidence (RFE). We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on June 18, 2021.   

On July 16, 2021, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Cleveland, OH

Our client contacted us in April 2020 to seek legal representation for his naturalization application. He came to the United States from India and obtained his green card in July 2015. 

After retention, his N-400 application was filed on April 17, 2020. Prior to his citizenship interview, our office prepared him via conference calls.  On February 23, 2021, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. Eventually, on July 15, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Jamaican
LOCATION: Shaker Heights, OH

Our client contacted our office in February of 2020 regarding his potential I-751 filing. He is from Jamaica and he married a U.S. citizen in May 2018. Through his marriage with a U.S. citizen spouse, he obtained a 2-year conditional green card in October of 2018. Therefore, his conditional residency terminated in October 2020.

Unfortunately, during their marriage, our client and his ex-wife went through struggles. Therefore, they eventually lived separately and their divorce was finalized. Thus, our client could not file the I-751 application jointly with his ex-wife. After consultation, we advised that we can help him file the I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On March 23, 2020, our office filed the I-751 application with various supporting documents to demonstrate our client’s bona fide marriage with his ex-wife. 

In June 2021, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client at our office and informed him of potential issues at the interview.

On July 13, 2021, our client was interviewed for his I-751 application at the USCIS Cleveland, OH Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied our client.  The interview was very extensive.  Nevertheless, the USCIS approved our client’s I-751 application on the same day of his interview. Now, he has his ten-year green card.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                

LOCATION: Mentor on the lake, OH 

Our client is from China who came to the U.S. on a B-2 visitor’s visa in April 2016. Since then, she has remained in the United States. In January 2021, our client is married her current U.S. citizen husband.  She retained our office on January 19, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 29, 2021.  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 via conference calls. On July 16, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – Taiwanese
Location: North Olmsted, OH

Our client entered the United States in February 2019 from Taiwan under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  She married her U.S. citizen spouse in June 2020.

In August 2020, they contacted our office and consulted with us regarding adjustment of status. After consultation, they retained our office on August 11, 2020.  One main issue in her green card application 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.

Since our client resided in North Olmsted, Ohio, her application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  However, it was quite foreseeable that the USCIS field office will exercise its discretion to deny his application because of her visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on September 29, 2020.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. 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 14, 2021, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved her adjustment of status application on the same day of the interview.  Now, our client is a green card holder. 

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