CASE: Marriage-Based Adjustment of Status

CLIENT: Colombian

LOCATION: Cincinnati, OH

Our client came to the United States from Colombia on an F-1 student visa. She married her US citizen husband in January 2022. She retained our office on January 25, 2022 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 31, 2022. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On May 12, 2022, our client was interviewed at the Cincinnati Ohio USCIS office. On May 14, 2022, our client’s green card application was approved.

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CASE: I-751

APPLICANT: Chinese

LOCATION: Fremont, OH

Our client contacted our office in January 2021 regarding her I-751 application.

She is from China and she married a U.S. citizen in September 2018. Through her marriage, she obtained a 2-year conditional green card in April 2019.  Her conditional residency terminated in April 2021.

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 January 22, 2021, and our office prepared the I-751 application for our client. 

On February 2, 2021, our office filed the 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. On May 9, 2022, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE). Our client received her 10-year green card which removed the conditions.

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CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Egyptian Periodontist in Toledo, OH

Our client is a dental clinic located in Toledo Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Master of Dentistry in the United States. Also, he had 3 years of residency training in Periodontics in the U.S. Moreover, he is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate periodontist which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and registered for the H-1B selection process. His case was selected for the 2023 Fiscal Year H-1B quota. Our office prepared and eventually filed the H-1B visa petition with various supporting documents on April 27, 2022 via premium processing.  Our client’s H-1B application was approved on May 6, 2022 without any Request for Evidence (RFE).

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                          

LOCATION: Willowick, OH

Our client is from India who came to the U.S. on an H-1B visa. In August 2021, our client married his U.S. citizen wife. He retained our office on August 21, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 2, 2022.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we prepared our clients over the phone. On April 28, 2022, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. On April 29, 2022, his green card application was approved.

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CASE: I-485 Adjustment of Status Based on Approved I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)

EMPLOYER: Multinational Tire Corporation

BENEFICIARY: Korean

LOCATION: Akron, Ohio

Our client is an Engineering Manager of a multinational tire corporation in Ohio.  He is from South Korea and has worked for its parent company for more than 20 years in positions of increasing responsibility including that of Tire Development team manager. He came to the United States in March 2020 with an E-2 visa to work for current petitioner company (wholly-owned subsidiary of his previous employer).  He contacted our firm in April 2020 and discussed with us his chances of getting a green card.  Based on our client’s education and work 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 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, the above 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 29 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 more than 20 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 an Engineering 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 September 24, 2020.   

However, on January 6, 2021, 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 March 24, 2021.  Eventually, on April 20, 2021, the I-140 petition was approved.  

On November 22, 2021, our office filed an I-485 adjustment of status application for our client and his derivative family members. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on April 12, 2022, the USCIS approved our client’s adjustment of status application without the interview.  On the same day, the CIS approved our client’s derivative family members’ adjustment of status applications as well.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ukrainian

LOCATION: North Royalton, OH

Our client came to the United States from Ukraine in June 2019 on her B-2 visa. Since then, she has remained in the United States. She married a U.S. Citizen in December 2021. She retained our office on December 20, 2021 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 27, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Prior to the interview, we prepared our clients via conference call. On April 5, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento, Esq. from our office also accompanied our clients. On April 7, 2022, our client’s green card application was approved.

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CASE: I-130 (Petitions for Parents) and Adjustment of Status

CLIENT: Indians

LOCATION: Westlake, OH

Our client retained us to petition for her parents for a green card. Our client was born and raised in India, but was naturalized in the United States. She contacted our office in January 2021 and discussed with us the green card process. She retained our office on January 12, 2021.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 22, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On April 1, 2022, the applications were approved. They are now green card holders.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Uniontown, OH

Our client came to the United States from Ghana on a F-1 student visa. She married a U.S. Citizen in February 2020 and retained our office on September 2, 202, for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 29, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On March 28, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients. On March 29, 2022, our client’s green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Port Clinton, OH

Our client came to the United States from the Philippines in September 2021. She married a U.S. Citizen in December 2021. Her husband filed an I-129F fiancée petition for her in 2020; but due to the COVID-19 pandemic, her K-1 visa interview was not scheduled. She retained our office on January 2, 2022, for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 10, 2022. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On March 29, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients. On March 30, 2022, our client’s green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Korean

LOCATION: Cleveland, OH

Our client contacted us in September 2021 to seek legal representation for her naturalization application. She came to the United States from South Korea and obtained her green card in December 2018 through her marriage to a US citizen spouse. 

Her N-400 application was filed on September 28, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On March 4, 2022, 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 March 21, 2022, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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