CASE: EB-3 I-485
EMPLOYER:  Plastic Manufacturing Company in Solon, OH
BENEFICIARY: Nigerian Project Engineer

Our client is from Nigeria. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Chemical Engineering. After talking to our client, our firm concluded that his employer can petition him as a Project Engineer. Based on our client’s education and work background, our office determined that he is eligible for EB-3 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. PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 20, 2019, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on June 11, 2019.  On September 3, 2019, we promptly filed PERM.  Eventually, on December 18, 2019, the PERM Labor Certification was approved – an EB3 position for the Nigerian 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 December 30, 2019 via regular processing. On March 25, 2020, the USCIS issued a Request for Evidence (RFE) for the I-140 petition and requested our client to submit evidence to verify beneficiary’s special skills on the PERM application. Our office prepared and filed the Response to RFE to the USCIS on April 1, 2020.  On April 27, 2020, the I-140 EB3 Petition for our Nigerian client was approved. 

When we filed his I-140 petition, he concurrently filed his I-485 adjustment of status application. On October 16, 2020, the USCIS Nebraska Service Center approved our client’s adjustment of status application without an interview. He is now a permanent resident.  

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Oxford, OH

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. She is from South Korea who works at a university in Ohio as an assistant professor. She is an exceptional researcher in the field of social work and cancer survivorship research. 

Our client’s significant contributions have placed her at the pinnacle of her field. She is conducting research on areas of vital interest to public health and well-being in the United States. Her research investigates racial and ethnic disparities in influenza vaccination and cancer screening behavior; care for cancer survivors in racial and ethnic minority groups; and effects of culture on disparities in chronic disease prevention and management. Moreover, our client’s research work were highly evaluated by reviewers of various journals and by colleagues and experts in the field.

Upon review of her credentials and qualifications, our office determined that she 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 her 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 23-page brief for our client’s NIW filing. Our client also obtained 8 letters of recommendation from her colleagues and internationally-recognized researchers. Our office also included her 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 her field of endeavor, that she 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 her I-140(NIW) petition to the USCIS Nebraska Service Center on January 29, 2020. Eventually, on October 19, 2020, the USCIS approved her I-140 petition without any Requests for Evidence. 

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Youngstown, OH

Our client contacted us in May 2020 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from China and she obtained her green card in August 2017 through marriage to her US Citizen spouse. 

Her N-400 application was filed on May 28, 2020 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On October 2, 2020, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, on October 16, 2020, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Westlake, OH

Our client contacted us in June 2020 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and she obtained her green card in September 2015.

Her N-400 application was filed on June 19, 2020 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On October 16, 2020, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On the same day, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: University Heights, OH

Our client contacted us in May 2020 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and she obtained her green card in July 2015.

Her N-400 application was filed on May 12, 2020. Prior to her citizenship interview, our office prepared her via conference calls.  On October 16, 2020, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and she passed her naturalization interview. Eventually, on the same day of her interview, her application was approved. Her oath-taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Canadian

LOCATION: Solon, OH

Our client contacted us in July 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Canada and she obtained her green card in January 2009.

Her N-400 application was filed on June 23, 2020, with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On October 16, 2020, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, on the same day of her interview, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY: Korean

LOCATION: Cleveland, OH

Our client is from South Korea who came to the U.S. on a J-1 Visa in 2019 to work as a researcher. His J-1 program made him subject to the two-year foreign residence requirement. He retained our office to seek legal assistance for his I-140 (National Interest Waiver Classification) and I-485 Adjustment of Status applications. However, before we file his I-485 application, he has to get a waiver for his two-year foreign residency requirement first. 

Once retained, our office promptly prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Chicago to pursue the waiver for our client.  The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On June 25, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file a National Interest Waiver petition and adjustment of status application.

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On September 14, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on October 6, 2020, the USCIS issued I-612 approval notice and waived our client’s 2 year foreign residency requirement.

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CASE: Asylum

CLIENT: Chinese

LOCATION: Middleburg Heights, OH

Our client, a Chinese asylum seeker in Middleburg Heights, OH, retained us on May 21, 2015 to help him with his asylum case. He came to the United States in July 2014 on a F-1 Student visa from China. He wanted to seek asylum with the US Citizenship and Immigration Service.

While he was in China, he was persecuted and mistreated by the government based on Christianity. He is scared to go back home to China, fearing that he will be persecuted again.

We helped him prepare his asylum application, going over several drafts until his claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to his asylum claim were addressed. We also asked him to provide supporting documents corroborating his claims. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution that Chinese Christians would suffer.

The asylum application was filed on July 13, 2015 which was within one year of his entry.  In 2019, the CIS issued an interview notice for his, scheduled for January 17, 2019 in Cleveland, Ohio. Prior to his interview, our office prepared him at our office. Attorney JP Sarmiento from our office also accompanied our client at the interview. 

On September 29, 2020, the USCIS approved our client’s asylum case. He is now an asylee and will be eligible to apply for permanent resident status in one year. 

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CASE: Marriage-Based Adjustment of Status (F-2A – Spouse of Green Card Holder)

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India and worked as a consultant on an H-1B visa. He married a U.S. green card holder in March 2020 and retained our office on March 29, 2020, for his green card application.  Since visa numbers were available for the F-2A category, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 1, 2020 simultaneously.  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 September 25, 2020, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of the interview, his green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – Italian
Location: Strongsville, OH

Our client entered the United States in February 2020 from Italy under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  He married his U.S. citizen wife in March 2020. After he entered the United States in February 2020, he never left.  

In April 2020, they contacted our office and consulted with us regarding adjustment of status. They retained our office on April 7, 2020.  One main issue in his green card application through marriage was the fact that he 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 Strongsville, Ohio, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on April 17, 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 at our office. On September 21, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen)Yu, Esq. accompanied our clients. Eventually, the USCIS approved his adjustment of status application on the same day of the interview.  Now, our client is a green card holder. 

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