CASE: Change of Status from F-2 to F-1

CLIENT: Nepalese

LOCATION: Kent, OH

Our client came from Nepal on a valid F-2 visa. Later, she decided to study further in the United States and got admitted to a college. She retained our office for her I-539 Change of Status application from F-2 to F-1. 

After retention, we helped our client obtain supporting documents for the Change of Status. We filed the I-539 Change of Status application along with supporting documents to the USCIS on January 6, 2020. In the application, we fully explained her financial ability to pursue her studies in the U.S., and reasons for her studies.

On May 26, 2020, the USCIS issued a Request for Evidence (RFE) asking for a  new I-20 record. Our office filed the Response to RFE on June 2, 2020. Eventually, on July 27, 2020, the Change of Status was approved. Our client is now on F-1 and can start her program.

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CASE: I-751

APPLICANT: Honduran

LOCATION: Piqua, OH

Our client contacted our office in July of 2019 regarding her and her daughter’s I-751 applications.

She is from Honduras and she married a U.S. citizen. Through her marriage, she and her daughter obtained a 2-year conditional green card in August of 2017. Thus, their conditional residency terminated in August 2019. 

To comply with immigration requirements, our client and her spouse had to file an I-751 Joint Petition to Remove Conditions. She retained our office, and our office prepared an I-751 application for our client and her daughter with all supporting documents.

On July 25, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint tax documents, and photos of our client and her spouse in various occasions to demonstrate the bona fideness of their marriage.

After the application was filed, we obtained the receipt notice and the fingerprint within 2 weeks. Eventually, on July 9, 2020, the USCIS approved our client’s I-751 application without any RFE.

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CASE: I-485 based on Approved I-140 (EB-1B)

 APPLICANT: Indian

 LOCATION: Hudson, OH

Our client is an assistant professor from India who is currently teaching at a state university. She has an approved EB-1B I-140 petition with a priority date of May 2015.  Our client has a Ph.D. degree and has worked for this school since August 2014. She has maintained her status as an H-1B visa holder in the United States.  

In September 2018, she contacted our office and retained us for her and her husband’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our client and her husband on October 3, 2018. 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 September 17, 2019, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Though their interview went well, the visa numbers were not available for their cases in September of 2019. Nevertheless, on May 15, 2020, their I-485 applications were approved by the USCIS.

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CASE: I-751

APPLICANT: Jamaican

LOCATION: Cleveland, OH

Our client contacted our office in May of 2019 regarding her I-751 application.

She is from Jamaica and married a U.S. citizen in February 2017. Through her marriage with, she obtained a 2-year conditional green card in August of 2017.  Her conditional residency terminated in August 2019.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on May 15, 2019, and our office prepared an I-751 application for our client with other supplemental exhibits.

On May 30, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. 

Eventually, on May 5, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE:  I-751 / Termination of Proceedings

APPLICANT: Filipina

LOCATION: Solon, OH

Our client contacted our office in July 2018 regarding her removal proceedings representation and I-751 application.

She is from the Philippines and married a U.S. citizen in June 2014. Through her marriage, she obtained a 2-year conditional green card in July 2015.  Her conditional residency terminated in July 2017.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. They filed the I-751 application first; however, her husband filed a divorce against her while the application was pending.  Our client’s initial I-751 application was thus denied. Later on, our client was placed into removal proceedings.

Once retained, our office prepared an I-751 application for our client with other supplemental exhibits including a detailed explanatory brief. On December 19, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. Once the application was filed, the fingerprint notice was issued two weeks later.

Our client had to appear for her Master Calendar hearing at the Cleveland Immigration Court on December 17, 2019. Attorney Sung Hee (Glen) Yu represented our client at her initial Master Calendar Hearing and informed the court that our office filed a new I-751 application to the USCIS.  

In December 2019, the USCIS scheduled an interview for our client. On January 28, 2020, our client was requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared her thoroughly at our office and also accompanied them at the interview as well. Eventually, on April 22, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions. 

Once our client received her 10-year green card, our office filed the Motion to Terminate proceedings to the Cleveland Immigration Court on May 1, 2020. As a result of it, on May 5, 2020, the Immigration Judge terminated our client’s removal proceedings. 

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CASE: EB-3 I-140
EMPLOYER:  Plastic Manufacturing Company in Solon, OH
BENEFICIARY: Nigerian Project Engineer

Our client is from Nigeria. His current employer is 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 educational, professional and workbackgrounds, 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. 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 20, 2019, the prevailing wage request was filed.  After we obtained 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 service. However, on March 25, 2020, the USCIS issued 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.  Eventually, on April 27, 2020, the I-140 EB3 Petition for our Nigerian client was approved.

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

Our client is a U.S. citizen who married his wife in India in October 2018.  After the marriage, he came back to the United States and retained our office for the I-130 and immigrant visa filing for his wife. He retained our office on February 4, 2019. Our office prepared and filed the I-130 petition for his wife on February 11, 2019. The I-130 petition was approved by the USCIS on May 6, 2019. 

Once the I-130 petition was approved, we filed the immigrant visa packets to the National Visa Center on June 27, 2019, who in turn forwarded our client’s materials to the U.S. Embassy in Mumbai, India. An interview notice was set for the client at the U.S. Embassy in Mumbai, and we prepared her for the interview. On December 4, 2019, the interview was conducted.  Eventually, on April 30, 2020, the U.S. Embassy in Mumbai, India approved and issued her immigrant visa.

With the approved Immigrant Visa, our client’s wife can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: I-140 (EB-3 Other Workers)    
EMPLOYER: Fabric Manufacturer
BENEFICIARY: Filipina General Merchandise Expert Sewer
LOCATION: Chagrin Falls, OH

Our client is a fabric manufacturer in Ohio. They have a prospective employee from the Philippines and they were willing to petition her for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a sewer. After talking to our client, our firm concluded that they can petition her as a general merchandise expert sewer. Our client eventually retained us on February 28, 2019. 

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 March 6, 2019, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on June 26, 2019.  On September 5, 2019, we promptly filed PERM.  Eventually, on December 13, 2019, the PERM Labor Certification was approved – an EB3 position for the Filipina 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 February 21, 2020 via regular processing service. Eventually, on April 15, 2020, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). She can file an immigrant visa once her priority date becomes current. 

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CASE: Change of Status / I-539
NATIONALITY: Chinese
LOCATION: Columbus, OH

Our client is from China who came to the U.S. on a F-1 student visa. He consulted with our firm a few weeks before the expiration of his F-1 OPT status. He wanted to continue to stay in the United States on a different non-immigrant status. His wife is a F-1 student in the United States, so he can change his status from F-1 to F-2. He retained our office on September 12, 2019. We filed the I-539 Change of Status Application on September 18, 2019 along with financial documents to show financial support. Eventually, without any Request for Evidence (RFE), his change of status request (from F-1 to F-2) was granted by the USCIS on April 15, 2020. He can stay in the United States for the duration of status of his wife’s F-1 status.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: Valley View, OH

Our client entered the United States in February 2019 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  He has a U.S. citizen wife whom he married in September 2016. After he entered the United States in February 2019, he remained in the U.S. 

In September 2019, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on September 16, 2019.  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 Valley View, Ohio, his 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 his visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on September 25, 2019.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. 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 at our office. On January 6, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney JP Sarmiento accompanied our clients.

Though the interview went well, our client received the Request for Evidence for the re-submission of his immigration medical (I-693). He responded with the newly-done medical, and the USCIS approved his adjustment of status application on March 19, 2020.  Now, our client becomes a green card holder.

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