CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian

LOCATION: Cleveland, OH

Our client is from Nigeria who came to the U.S. on a F-1 Student Visa in December 2016 to pursue his master’s degree in United States.  In February 2018, our client married his current U.S. citizen wife.  He retained our office for his green card application on March 6, 2018. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 6, 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 as well. On June 14, 2018, our client was interviewed at the Cleveland USCIS office. Attorney Sung Hee (Glen) Yu also accompanied our clients as well.  Eventually, on June 15, 2018, his green card application was approved.

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CASE: I-485 Adjustment of Status / I-140 (EB-2)
CLIENT: Korean Associate Dentist

Our client is from South Korea, who is currently working in the United States as an associate dentist under H-1B status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that her employer can petition her as an associate dentist. 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, 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 10, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 16, 2017. On August 4, 2017, we promptly filed PERM. Eventually, on December 21, 2017, 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 11, 2018 via premium processing service. Eventually, on January 22, 2018, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On February 9, 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 call as well. On June 18, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our client as well. Eventually, on June 19, 2018, her green card application was approved.

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CASE: EB-2 I-140    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Egyptian Periodontist

Our client is from Egypt, who is currently working in the United States as an associate periodontist under his OPT. His current employer was willing to do an immigration petition for him, second-preference. Our client has a dentistry degree in Egypt which was evaluated as an equivalent degree of Doctor of Dental Medicine degree the United States. He also has a license to practice dentistry in the state of Ohio and has 3 years of residency training in periodontics.  After talking to our client, our firm concluded that his employer can petition him as an associate periodontist. Based on our client’s education and working background, our office determined that he is eligible for EB-2 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 August 18, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 1, 2017. On January 16, 2018, we promptly filed PERM. Eventually, on May 18, 2018, the PERM Labor Certification was approved – an EB2 position for the Egyptian 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 June 1, 2018, via premium processing service. Eventually, on June 8, 2018, the I-140 EB-2 Petition for our Egyptian client was approved without any Request for Evidence (RFE). When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will likely be approved as well.

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CASE: I-485 / National Interest Waiver

CLIENT: Korean

LOCATION: Columbus, OH

Our client contacted us in October 2016 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea and he is an exceptional researcher and scientist in the field of plant developmental biology research.

Our client’s significant contributions have placed him at the pinnacle of his field. He has pioneered the study of leaf and flower development and provided novel insights into the molecular mechanisms underlying floral transition from vegetative cells. Specifically, our client characterized bona fide regulators of cell proliferation of aerial lateral organs and floral transition. 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 21-page brief for our client’s NIW filing. Our client also obtained 9 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 34 exhibits (Exhibit A to HH).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on June 1, 2017. Eventually, on March 6, 2018, the USCIS approved his I-140 petition without any Requests for Evidence.  

When we filed his I-140, he concurrently filed his I-485 adjustment of status application. 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. On June 12, 2018, our client was interviewed at Columbus Ohio USCIS office. The interview went well, and on the same day of the interview, his green card application was approved.

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CASE: I-485 Adjustment of Status / I-140 (EB-3)
CLIENT: Korean Taekwondo Coach

Our client is a former Taekwondo athlete, who currently studies in the United States. He has a Taekwondo school who was willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s degree in a related field. After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Coach. Based on our client’s education and work backgrounds, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 27, 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 January 6, 2017, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on March 29, 2017. On July 18, 2017, we promptly filed PERM. Eventually, on November 1, 2017, 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 November 13, 2017 via premium processing service. Eventually, on November 21, 2017, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him. On December 22, 2017, 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 at our office as well. On June 4, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. Eventually, on June 5, 2018, his green card application was approved.

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CASE: Marriage-Based Petition and Adjustment of status / I-130 / I-485

CLIENT: Vietnamese

LOCATION: Cleveland, OH

Our client came to the United States from Vietnam with a B-2 visitor’s visa in August 2016. Later, she married her current husband, who was a green card holder at the time of filing, in September 2016. Her husband filed an I-130 petition for her under the F2A category in February 2017.

Later, her husband became a naturalized U.S. Citizen in April 2017.

Our client retained our office in April 2017 for her I-485 adjustment of status application. Our office prepared and filed an I-485 adjustment of status application, together with all necessary supporting documents and pending I-130 petition, on April 14, 2017. We let USCIS office know that the pending I-130 petition should be changed to “Immediate Relative” category since the Petitioner became a U.S. citizen. 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 May 31, 2018, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients. Eventually, on June 5, 2018, the USCIS approved our client’s green card application.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Canadian
LOCATION: Ohio

Our client came to the United States as a visitor from Canada.  She married her U.S. Citizen husband in January 2018 and retained our office on January 23, 2018 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 1, 2018.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time.  Prior to the interview, we thoroughly prepared our clients via conference calls.  On May 25, 2018, our client was interviewed at the Cleveland, Ohio USCIS.  On June 1, 2018, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chilean

LOCATION: Cleveland, OH

Our client contacted us in November 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Chile and obtained his green card in December 2006.

After retention, his N-400 application was filed on December 11, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On March 1, 2018, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview.

However, USCIS issued a Request for Evidence after the interview. They requested our client to submit his military discharge record. He submitted his military record to USCIS on April 2, 2018.  

Eventually, his application was approved on May 29, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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

NATIONALITY: Chinese

LOCATION: Cincinnati, OH

Our client is a citizen of China who came to the U.S. on a J-2 Visa in 2009.  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 2011. He would like to get a waiver because he has a prospective employer who will file an H-1B petition for him next year. 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 November 2011.

Our firm was retained to do his J-2 waiver, and on April 12, 2018, 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 May 4, 2018, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On May 29, 2018, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nepalese                                                                                                    

LOCATION: Cleveland, Ohio

Our client is from Nepal who came to the U.S. on a F-1 student visa in 2014. In December 2017, 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 January 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 at our office as well. On May 9, 2018, our client was interviewed at the Cleveland Ohio USCIS office. On May 15, 2018, her green card application was approved.

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