CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                             

LOCATION: Chagrin Falls, OH

Our client is from China who came to the U.S. on a B-2 visitor’s visa in October 2018. In December 2018, our client married her current U.S. citizen husband.  After she got married, she retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 21, 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 at our office at our office. On June 4, 2019, our client was interviewed at 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 – Italian
Location: Youngstown, OH

Our client entered the United States in October 2016 from Italy under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States only for 90 days.  In October 2018, our client and her U.S. citizen boyfriend married in the United States.

In November 2018, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on November 20, 2018.  One main issue in her green card application through marriage 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 Youngstown, OH, 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 her application because of her visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on December 17, 2018.  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. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared them at our office. On June 3, 2019, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu also accompanied our clients. Despite the visa waiver issue, the USCIS officer approved her green card application on June 4, 2019.  Now, our client becomes a green card holder.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Korean

LOCATION: Columbus, OH

Our client is a citizen of South Korea who came to the U.S. on a J-2 Visa in February 2005.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

He turned 21 in October 2011.  He plans to file his adjustment of status with NIW petition.  However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in October 2011.

Our firm was retained to do his J-2 waiver, and on January 18, 2019, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on March 22, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On May 7, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Bulgarian
LOCATION: Sandusky, OH 

Our client came to the United States in May 2016 on a J-1 Exchange Visitor visa from Bulgaria.  She was not subject to the two-year foreign residency requirement, so she could apply for adjustment of status in the United States without a waiver.  She married a U.S. Citizen in July 2018 and retained our office on October 16, 2018 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 7, 2018.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients at our office. On May 9, 2019, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied them at the interview as well.  On May 9, 2019, her green card application was approved. 

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Brazilian                                                                                               

LOCATION: Tallmadge, OH

Our client is from Brazil who came to the U.S. on a B-2 visitor’s visa in June 2018. In September 2018, our client married her current U.S. citizen husband.  She retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 31, 2018.  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 at our office. On April 23, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on May 7, 2019, her green card application was approved.

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CASE: PERM Labor Certification    
EMPLOYER: Chinese Restaurant
BENEFICIARY: Chinese Specialty Cook in China
LOCATION: Cleveland, Ohio

Our client is a Chinese restaurant in Cleveland, Ohio. They had a prospective employee from China and they were willing to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Chinese cook. After talking to our client, our firm concluded that they can petition him as a Chinese Specialty Cook. Our client eventually retained us on May 22, 2018.

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 May 30, 2018, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on October 8, 2018. On February 8, 2019, we promptly filed PERM. Eventually, on April 30, 2019, the PERM Labor Certification was approved – an EB3 position for the Chinese beneficiary. Now our client can file the I-140 petition.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Fremont, OH

Our client came to the United States in May 2018 with a B-2 visitor’s visa from China. Later, she married a U.S. Citizen in September 2018 and retained our office for her petition and adjustment of status application. She also asked us to file for her minor son’s (Petitioner’s step-son) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 29, 2018. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On April 30, 2019, our clients were interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. On May 1, 2019, our client and her son’s green card applications were approved.

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CASE: I-485 Adjustment of Status based on Approved I-140 (EB-2)

APPLICANT: Chinese Educational Services Market Research Analyst

LOCATION: Twinsburg, OH

Our client is Chinese, who is currently working at a culture center in Cleveland, OH. The company was willing to do an immigration petition for her, second-preference. Our client has a Master’s degree in Business Administration.

After talking to our client, our firm concluded that her employer can petition her as an Educational Services Market Research Analyst. Based on our client’s education and work background, our office determined that she is clearly eligible for EB-2 classification.

Prior to filing PERM labor certification, 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 the PERM Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad.

On September 26, 2014, the prevailing wage request was filed.  On January 28, 2015, we filed the PERM labor certification application.  Eventually, on August 19, 2015, the PERM labor certification was approved – an EB2 position for the Chinese Educational Services Market Research Analyst.

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 10, 2016 via premium processing service. However, on February 16, 2016, the USCIS issued a Request for Evidence (RFE) for our client’s petition. In RFE, the USCIS requested our client to submit any documentation that demonstrates her specific software special skills in the past. Our office promptly filed the Response to RFE on February 25, 2016 to USCIS by submitting a letter from her employer detailing her usage and knowledge of the specific software that was required. Eventually, on March 2, 2016, the I-140 EB2 Petition for our Chinese client was approved.

In August 2018, her priority dates became current. She retained our office again for her and her husband’s adjustment of status applications. Our office filed the I-485 adjustment of status application for our clients on August 10, 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 at our office. On April1 5, 2019, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on May 1, 2019, our clients’ green card applications were approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                   

LOCATION: Columbus, OH

Our client is from the Philippines who came to the U.S. on a H-1B visa to work in the United States in 2016. In August 2017, our client married her current U.S. citizen husband.  She retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 28, 2017. 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 April 15, 2019, our client was interviewed at the Columbus, OH USCIS office. Eventually, on April 23, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                   

LOCATION: Richfield, OH

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in May 2018. In September 2018, our client married her current U.S. citizen husband.  After she married, she retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 18, 2018.  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 at our office. On April 22, 2019, our client was interviewed at Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on April 24, 2019, her green card application was approved.

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