CASE: I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)

EMPLOYER: Multinational Tire Corporation

BENEFICIARY: Korean

LOCATION: Akron, Ohio

Our client is a General Manager of a multinational tire corporation in Ohio.  He is from South Korea, and has worked for its parent company for 6 years in positions of increasing responsibility including that of Research and Development team manager. He came to the United States in January 2018 with an E-2 visa to work for current petitioner company (wholly-owned subsidiary of his previous employer).  He contacted our firm in August 2018, and discussed us his chances of getting a green card. Based on our client’s educational and professional background and his current position at the worksite, our office determined that he was clearly eligible for the EB-1C classification for his I-140 petition. Our client eventually retained us for his I-140 and subsequent I-485 adjustment of status application.

An employer can petition for its foreign employee under INA § 203(b)(1)(C) if it demonstrates the following: (C) Certain multinational executives and managers – An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

According to the INA §101(a)(44), 8 U.S.C. §1101(a)(44) and 8 C.F.R §204.5(j)(2), “executive capacity” means an assignment in an organization in which the employee primarily: (1) Directs the management of the organization or a component or function; (2) Establishes goals and policies; (3) Exercise wide latitude in discretionary decision making; and (4) Receives only general supervision or direction from higher level executives, board of directors or stockholders.

Also, above the mentioned statutes define “managerial capacity” as an assignment with the organization in which the employee personally: (1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization; (3) Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.

After our office was retained, we prepared a thorough cover letter and obtained all necessary supporting documents from our client and the petitioning company. In our brief, we clearly demonstrated that our client met the requirements set forth in the INA §203(b)(1)(C).  First, the prospective U.S. employer (Petitioner-Company) has been doing business for at least 1 year. Second, the prospective employer (Petitioner) in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad.  Third, if the worker is already employed in the United States, he or she was employed outside the United States for at least 1 year in the 3 years preceding admission as a non-immigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate. Last, the alien is to be employed in the United States in a managerial or executive capacity.

In this case, the Petitioner-company has been doing business for 28 years in the United States. In addition, Petitioner-Company is the wholly-owned subsidiary of its Korean parent company where our client was employed for 6 years. Moreover, our client was employed outside the U.S. for at least 1 year in the 3 years preceding admission as a non-immigrant in an Executive or Managerial Capacity by the Petitioner’s parent company in South Korea.  Our client served as a team manager and later became senior manager for the parent company. He personally supervised and controlled the work of other researchers and engineers for new types and models of tire developments, and was primarily responsible for the company’s various new tires. Lastly, our client is to be employed in the United States as a General Manager for the petitioner.

On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), an organization chart, and a dispatch order.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in South Korea. The evidence included a copy of the certificate of ownership, a copy the business registration certificate, a copy of the approval for overseas investment, a copy of the annual report and consolidated financial statements.  The I-140 Petition was filed on November 16, 2018.  

However, on May 16, 2019, the USCIS Nebraska Service Center issued Request for Evidence (RFE). The RFE letter thoroughly requested our client to demonstrate the qualifying relationship between the parent company in South Korea and his current employer. Moreover, the USCIS requested our client to show whether he met the requirement of “one year managerial or executive position abroad.”

On the RFE response application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), and an organization chart.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in South Korea. The evidence included a copy of the certificate of ownership, a copy the business registration certificate, a copy of the tax records, etc.  Our office filed the Response to RFE on August 5, 2019. Eventually, on August 26, 2019, the I-140 petition was approved. Now, our client can file the I-485 adjustment of status application based on the approved I-140 petition.

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CASE: I-360 Petition

NATIONALITY: Indian

LOCATION: Wooster, OH

Our Canadian client came to the U.S. in September 2013. He entered the United States with B-2 visitor’s visa. In October 2017, he contacted our office to seek legal representation for his I-360 petition. According to his story, our client’s marital life was tough and he eventually was abused by his spouse.  

Our client experienced domestic violence and spousal abuse during his marriage. His wife physically and mentally abused our client after the inception of their marriage. Thus, we prepared and filed his I-360 petition, which included 32 exhibits and a detailed brief to the USCIS Vermont Service Center on December 12, 2017.  Eventually, on August 28, 2019, the USCIS Vermont Service Center approved our client’s I-360 petition.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: Youngstown, OH

Our client came to the United States from India on a H-1B visa and has worked in the United States. He married a U.S. Citizen in January 2019 and retained our office on March 20, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 3, 2019. 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 August 28, 2019, 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, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Iranian

LOCATION: Cleveland, OH

Our client came to the United States from Iran with a B-2 visitor’s visa in November 2014. In 2015, he changed his status from B-2 to F-1.  He married a U.S. Citizen in August 24, 2018 and retained our office on April 29, 2019 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 7, 2019.  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 August 26, 2019, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on August 28, 2019, his green card application was approved.

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CASE: Asylum

CLIENT: Chinese

LOCATION: Sandusky, OH

Our client, a Chinese asylum seeker in Sandusky, OH, retained us on July 14, 2015 to help him with his asylum case. He came to the United States in January 2015 with a B-2 visitor’s visa from China. He wanted to seek asylum relief with the US Citizenship and Immigration Service.

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

We helped him to prepare for 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 Christian would suffer.

The asylum application was filed on July 21, 2015 which was within one year of his entry to the United States.  Thereafter, the CIS issued an interview notice for his asylum case, scheduled for November 2, 2018 in Cleveland, OH USCIS Asylum Office. Prior to his interview, our office prepared him thoroughly for his case at our office to make sure he was able to address questions the asylum officer would ask. Attorney Sung Hee (Glen) Yu from our office also accompanied our client at him interview. 

On August 12, 2019, 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:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Guatemalan

LOCATION: Cleveland, Ohio

Our client came to the United States from Guatemala in January 2000 without inspection and admission. He married his LPR wife in January 2011. They have a U.S. citizen daughter together.  His LPR wife filed an I-130 petition for him on December 12, 2016. This I-130 petition was approved on May 17, 2018.

Our client cannot file for adjustment of status application due to his ground of inadmissibility. He needs a waiver of inadmissibility to become a green card holder. Moreover, our client was placed into removal proceedings, but with our office’s assistance, his removal proceeding was administratively closed in November 2012 to file the provisional waiver application. 

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States.

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s LPR wife suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident. His wife has ongoing medical hardships and she would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their children. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Guatemala in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Guatemala, that our client has good employment in the United States, and that his U.S. citizen child and his wife will face extreme financial and emotional difficulties if he is removed.

On November 14, 2018, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States.

Eventually, his I-601A waiver was approved on August 12, 2019. Now, he can file packet 3 and 4 here in the United States, and would go to Guatemala shortly to get his immigrant visa.

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CASE: I-751

APPLICANT: Egyptian

LOCATION: Strongsville, OH

Our client contacted our office in August of 2018 regarding his I-751 application.

He is from Egypt and he married a U.S. citizen in September 2015. Through his marriage, he obtained a 2-year conditional green card in December of 2016.  His conditional residency terminated in December 2018.

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 September 12, 2018, and our office prepared an I-751 application for our client with other supplemental exhibits.

On September 20, 2018, 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.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on August 14, 2019, 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: Adjustment of Status at Removal Proceeding
CLIENT: Cameroonian
LOCATION: Columbus, OH (USCIS) / Cleveland, OH (EOIR)

Our client came to the United States in December 2013 on a F-1 student visa from Cameroon. Later, she filed an asylum application and her asylum interview was conducted by the USCIS. Her case was referred to the Cleveland Immigration Court and she retained our office for the representation of her removal proceedings in 2017. 

She married a U.S. Citizen in October 2018.  Our client’s husband filed I-130 petition on behalf of our client, and this I-130 petition was approved by USCIS Columbus Field Office in July 2019. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients.   Once the I-130 petition is approved, our office prepared and filed the I-485 Adjustment of Status Application, pre-hearing memorandum, and other supporting documents to the Cleveland Immigration Court.

On August 19, 2019, Attorney Sung Hee (Glen) Yu represented our client’s at her Individual Hearing for adjustment of status at the Cleveland Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status relief. Our client’s removal proceeding is terminated simultaneously. Now, our client becomes a green card holder.    

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Cleveland, OH

Our client contacted us in April 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in 2002. 

Upon retention, we prepared and filed her N-400 application on June 6, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On August 13, 2019, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied her to the interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on August 15, 2019. 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: Euclid, OH

Our client contacted us in May 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in January 2012. 

Once retained, her N-400 application was filed on May 23, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On August 2, 2019, 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, her application was approved on the same day of her interview. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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