CASE: Marriage-Based Adjustment of Status

CLIENT: Burkinabe

LOCATION: Cleveland, OH

Our client came to the United States from Burkina Faso on a F-1 student visa in January 2018. He married a U.S. Citizen in July 2018 and retained our office on July 17, 2018 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 15, 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. On February 19, 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 February 26, 2019, his green card application was approved.

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Akron, OH

Our client contacted us in December 2017 about the possibility of doing a National Interest Waiver self-petition. He is a Ph.D. student from South Korea and he has a Master’s Degree in Engineering. Though he is a Ph.D. student, he is already considered as an exceptional researcher and scientist in the field of polymer engineering and nanofabrication research.

Our client’s significant contributions have placed him at the pinnacle of his field. He has made important contributions to the field of nanofabrication based on layer-by-layer (LbL) assembly using two-dimensional (2D) materials. LbL assembly technique can create ultrathin films and highly tunable surfaces using diverse combinations of nanomaterials on various supports. Our client has incorporated 2D materials (e. g. graphene and molybdenum disulfide) into thin films using LbL assembly technique to produce materials with designed functionality. Because of his innovative experimental research, our client’s research works were highly evaluated by the reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he 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 his 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 22-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his 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 his field of endeavor, that he 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. His NIW application contained 26 exhibits (Exhibit A to Z).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on July 30, 2018. Eventually, on February 14, 2019, the USCIS approved his I-140 petition without any Requests for Evidence.  Now, he can file his adjustment of status application.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted us in November 2018 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from China and obtained her green card in February 2014.

Her N-400 application was filed on December 6, 2018 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On February 15, 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 the interview. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Pakistani                                                                                                        

LOCATION: Cleveland, OH

Our client is from Pakistan who came to the U.S. on a B-2 visitor’s visa in February 2018. In May 2018, our client married his current U.S. citizen wife.  He retained our office on June 5, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 21, 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 November 20, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients at their interview as well.  Eventually, on January 23, 2019, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Ghanaian

LOCATION: Columbus, OH

Our client contacted us in August 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Ghana and he obtained his green card in May 2012.

After retention, his N-400 application was filed on August 24, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On November 28, 2018, our client appeared at the Columbus, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on February 4, 2019. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Sudanese

LOCATION: Ohio

Our client contacted us in August 2018 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Sudan and obtained her green card in January 2015 through her current marriage to her US Citizen Spouse.

Once retained, her N-400 application was filed on October 29, 2018 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On January 8, 2019, our client appeared at the Cleveland, Ohio USCIS office for her naturalization interview. Attorney JP Sarmiento from our office also accompanied our client as well. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on January 10, 2019. Her oath taking is scheduled in which she will

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CASE: I-751

APPLICANT: Filipina

LOCATION: Cleveland, OH

Our client contacted our office in late April of 2017 regarding her I-751 application.

She is from the Philippine and she entered to US on a K-1 fiancée visa. She married her current U.S. citizen husband, and she got her green card in August 2015. Our office helped her in the green card process.  Her conditional residency terminated in August 2017.

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 April 28, 2017, and our office prepared an I-751 application for our client with other supplemental exhibits.

On May 30, 2017, 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 leasing documents, 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. However, the USCIS issued the Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with her husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on November 5, 2018.

Nonetheless, the USCIS scheduled an interview for our client and her husband. On January 24, 2019, our client and her husband were requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared them thoroughly in our office and also accompanied them at the interview as well. The interview went well, and as a result, on the same day of the interview, the USCIS approved our client’s I-751 application.

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CASE: Adjustment of Status (EB-2 Category)    
APPLICANT: Taiwanese Outpatient Services Clinician
LOCATION: Columbus, OH

Our client is a comprehensive children’s mental health and child welfare agency which was willing to petition an Outpatient Services Clinician position for a second-preference petition (I-140).  Our client’s employee has a master’s degree in Social Administration and currently is working for them under H-1B status. After talking to our client, our firm concluded that this employer can petition her as an Outpatient Services Clinician.  Second preference petitions for Taiwanese people are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s prospective employee’s educational, professional and working backgrounds, our office determined that she is clearly eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us on November 2, 2016.

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 November 8, 2016, the prevailing wage request was filed.  After we obtained determined prevailing wage, our office filed the job order on February 16, 2017. On July 14, 2017, we promptly filed PERM. Eventually, on December 4, 2017, the PERM Labor Certification was approved – an EB2 position for the Taiwanese 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 May 10, 2018 via premium processing service.

However, on May 15, 2018, the USCIS Nebraska Service Center issued Request for Evidence (RFE) and requested our client to submit the documents to show “ability to pay” and special skills for Beneficiary. On May 22, 2018, our office filed Response to RFE and stated that Petitioner’s net current asset figure is sufficient for proffered wage of Beneficiary. Moreover, we included the letter from the Petitioner regarding the proof that Beneficiary already obtained her special skills for the proffered position.  Eventually, on June 4, 2018, the I-140 EB2 Petition for our Taiwanese client was approved.

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On July 17, 2018, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On January 31, 2019, our client was interviewed at Columbus Ohio USCIS office. Eventually, her I-485 application was approved by the USCIS on January 31, 2019.

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CASE: EB-3 I-140    
EMPLOYER:  Tire Mold Manufacturing Company in Akron, OH
BENEFICIARY: Korean Molding Process Engineer

Our client is from South Korea. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Mechanical Engineering. After talking to our client, our firm concluded that his employer can petition him as a Molding Process 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. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On January 17, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on April 4, 2018. On June 21, 2018, we promptly filed PERM. Eventually, on August 16, 2018, the PERM Labor Certification was approved – an EB3 position for the Korean 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 January 22, 2019 via premium processing service. Eventually, on January 30, 2019, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green card at any time.

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CASE: EB-2 I-140

EMPLOYER: Cosmetic Products Manufacturer

BENEFICIARY: Korean Controller

LOCATION: Cleveland, OH

Our client is currently working as a finance manager and his current employer was willing to petition him for a second-preference petition (I-140).  Our client has a bachelor’s degree in Business Administration and has more than 5 years of experience as a Financial Analyst. After talking to our client, our firm concluded that his employer can petition him as a Controller. Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s education and work background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in June 8, 2017.

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 the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the foreign degree evaluation report, our office filed the job order on December 8, 2017. On May 7, 2018, we promptly filed PERM.

However, on August 22, 2018, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. Moreover, the DOL requested the Petitioner to submit evidence related to bona fide job opportunity which includes Petitioner’s articles of incorporation, quarterly tax, organizational chart, etc. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, recruitment documentation, and other requested documents on September 19, 2018.  Eventually, on December 13, 2018, the PERM Labor Certification was approved – an EB2 position for the Korean 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 January 18, 2019 via premium processing service. Eventually, on January 29, 2019, the I-140 EB2 Petition for our Korean client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green card at any time.

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