CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                   

LOCATION: Columbus, OH

Our client is from China who has worked in the United States under an H-1B status. In September 2018, our client married her current U.S. citizen husband.  She retained our office on October 5, 2018 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 19, 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 via conference call. On January 23, 2019, our client was interviewed at the Columbus Ohio USCIS office.  Eventually, on January 24, 2019, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino                                                                                                   

LOCATION: Cleveland, OH

Our Filipino client came to the US on a B-2 visitor’s visa.  In February 2018, our client married his current U.S. citizen wife.  He retained our office in September 2018 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 3, 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 December 21, 2018, 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 January 10, 2019, his green card application was approved.

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CASE: EB-3 I-140    
EMPLOYER:  Accounting Company in Akron, OH
BENEFICIARY: Chinese Associate Accountant

Our client is from China. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Accounting. After talking to our client, our firm concluded that his employer can petition him as an Associate Accountant. 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 February 27, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on June 7, 2018. On September 13, 2018, we promptly filed PERM. Eventually, on November 8, 2018, the PERM Labor Certification was approved – an EB3 position for the Chinese 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 3, 2019 via premium processing service. Eventually, on January 11, 2019, the I-140 EB3 Petition for our Chinese client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green card once his priority dates become current.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Malaysian

LOCATION: Cleveland, OH

Our client contacted us in October 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Malaysia and obtained his green card in July 2013. When he applied for a driver’s license, showing his permanent residency card, he received in the mail a voter registration notice, even though he never mentioned that he was a US Citizen. He immediately notified the Board of Elections, and he later on obtained a “Notice of Cancellation of Voter Registration” notice.

Upon retention, we prepared his application, and we drafted an explanation about his “voter registration” incident. We also included the “Notice of Cancellation of Voter Registration” document. The whole situation was explained in detail as an attachment to his N-400 application. HIs N-400 application was filed on October 11, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On December 20, 2018, our client appeared at the Cleveland, OH USCIS, accompanied by partner and attorney Sung Hee Yu, for his naturalization interview. Our client answered all questions correctly and he passed his naturalization and citizenship interview. Eventually, his application was approved on December 31, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-485 Adjustment of Status based on approved I-360 Petition

NATIONALITY: Kenyan

LOCATION: Columbus, OH

Our Kenyan client came to the U.S. in June 2003 on a F-1 student visa. In April 2016, she contacted our office to seek legal representation for her I-360 VAWA self-petition. Our client’s marital life was tough and she was abused by her U.S. Citizen spouse.  With her story and other evidence, our office determined that she would be eligible for I-360 self-petition as a spouse of an abusive U.S. citizen.

Our client experienced domestic violence and spousal abuse during her marriage. Her husband physically and mentally abused our client throughout the years. Thus, we prepared and filed her I-360 petition, which included 19 exhibits and a detailed brief to the USCIS on August 12, 2016.

Despite our client’s thoroughly prepared I-360 application, in June 2017, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more documents to prove her marriage was entered in good faith and the abuse that she was experienced was “extreme cruelty”. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on September 19, 2017.

Eventually, on January 5, 2018, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360 petition, our firm prepared and filed the Adjustment of Status Application on April 5, 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 via conference all. On December 21, 2018, our client was interviewed at the Columbus, OH USCIS.  Eventually, on the same day of the interview, USCIS approved our client’s adjustment of status application and issued a green card.

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CASE: I-751

APPLICANT: Ghanaian

LOCATION: Cleveland, Ohio

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

She is from Ghana and she married a U.S. citizen in February 2015. Through her marriage, she obtained a 2-year conditional green card in December of 2015.  Her conditional residency terminated in December 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 again on September 22, 2017, and our office prepared an I-751 application for our client with other supplemental exhibits.

On September 28, 2017, 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.

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 December 14, 2018, 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: Marriage-Based Adjustment of Status

NATIONALITY: Saudi Arabian                                                                                              

LOCATION: Cleveland, OH

Our client is from Saudi Arabia who came to the U.S. on a F-1 student visa to pursue his undergraduate’s degree in the U.S. In January 2018, our client married his current U.S. citizen wife.  He retained our office on January 15, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 14, 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 9, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients as well.

However, the USCIS issued a  request for evidence (RFE) on November 9, 2018 and requested our client to submit signed affidavits from Petitioner’s parents regarding our client’s marital life. We filed the response to RFE on November 21, 2018. On December 19, 2018, his green card application was approved.

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

Our client is a Canadian citizen who married her US Citizen husband in September 2017 in Toronto, Canada. Our client’s husband filed an I-130 petition for our client and this I-130 petition was approved by the USCIS on June 11, 2018. He contacted and retained our office on August 17, 2018 for her immigrant visa processing.

Once retained, we filed the immigrant visa packets to the National Visa Center on August 24, 2018, who in turn forwarded our client’s materials to the U.S. Consulate General in Montreal, Canada. An interview notice was set for the client at the U.S. Consulate General in Montreal, and we prepared her for the interview. On December 13, 2018, the interview was conducted.  The interview went well and after the interview, the U.S. Consulate General in Montreal, Canada approved and issued her immigrant visa.

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

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CASE: PERM Labor Certification

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. Now our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: South African

LOCATION: Cleveland, OH

Our client contacted us in August 2018 to seek legal representation for his and his family’s (wife and 3 children) naturalization and citizenship N-400 applications. He came to the United States from South Africa and obtained his green card in December 2008.

After retention, theirs N-400 application was filed on August 31, 2018 with all supporting documents. On November 13, 2018, our clients appeared at the Cleveland, OH USCIS office for their naturalization interview. Our client answered all questions correctly and passed their naturalization and citizenship interview as well. Eventually, their applications were approved on November 19, 2018.

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