CASE: PERM Labor Certification
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 as willing to do an immigration petition for him, second-preference. Our client has a dentistry degree in Egypt which is 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 educational, professional and working backgrounds, our office determined that he 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 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. Now our client can file the I-140 petition.
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CASE: Marriage-Based Adjustment of Status
NATIONALITY: Syrian
LOCATION: Cleveland, OH
Our client is from Syria who came to the U.S. on a J-1 exchange visitor’s visa to pursue his neurology research. His J-1 program was not subject to the INA 212(e) two year foreign residency requirement. In September 2017, our client married his current U.S. citizen wife. He retained our office on October 2, 2017 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 27, 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 at our office. On May 14, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients at their interview as well. Eventually, on May 15, 2018, his green card application was approved.
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CASE: I-485 Adjustment of Status / I-140 (EB-2)
CLIENT: Syrian Dentist
Our client is from Syria, who is currently working in the United States as an associate dentist under Temporary Protected Status (TPS). His current employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dentistry degree in Syria which is evaluated as an equivalent degree of Doctor of Dental Surgery degree the United States. He also has a license to practice dentistry in the state of Ohio. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s educational, professional and work background, our office determined that he 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 August 29, 2016, the prevailing wage request was filed. After we obtained Prevailing Wage determination, our office filed the job order on December 22, 2016. On March 3, 2017, we promptly filed PERM. Eventually, on May 24, 2017, the PERM Labor Certification was approved – an EB2 position for the Syrian 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 16, 2017 via premium processing service. Eventually, on June 28, 2016, the I-140 EB-2 Petition for our Syrian 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 July 20, 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 April 26, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our client as well. Eventually, on May 11, 2018, his green card application was approved.
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CASE: Marriage-Based Green Card (Same Sex Marriage Case)
CLIENT: Nigerian
LOCATION: Cincinnati, OH
Our client came from Nigeria on a J-1 exchange visitor’s visa and currently does her research in the United States. She married (same-sex) her U.S. Citizen spouse in October 2017 in New York.
On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law.
Our client contacted our office and retained us on October 4, 2017 for her I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on January 4, 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 calls. On May 1, 2018, our clients appeared at USCIS Cincinnati Field Office for the interview. The interview went well and our client’s green card application was approved on the same day of her interview.
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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Ghanaian
LOCATION: Cleveland, OH
Our client contacted us in December 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Ghana and obtained his green card in October 2012.
Once retained, his N-400 application was filed on January 11, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office. On March 26, 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. Eventually, his application was approved on April 4, 2018. 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: Korean
LOCATION: Akron, OH
Our client contacted us in December 2017 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from South Korea and obtained her green card in February 2013.
Once retained, her N-400 application was filed on December 28, 2017 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office. On March 16, 2018, 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 April 4, 2018. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.
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CASE: Consular Processing (Immigrant Visa)
CLIENT: US Citizen Petitioner Daughter; Mexican Beneficiary Mother in Mexico
LOCATION: Petitioner: Cleveland, OH; Beneficiary: Ciudad Juarez, Mexico
IV APPROVED: April 9, 2018.
Our U.S. Citizen client retained us to bring her mother over from Mexico. She retained our office in February 2017, and our office prepared and filed the I-130 petition for her mother on April 11, 2017. This I-130 Petition was approved by the USCIS on September 20, 2017. Once the I-130 petition was approved, we then started the immigrant visa processing phase of trying to get her mother over to the United States.
On November 7, 2017, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate General in Ciudad Juarez, Mexico. An interview notice was set for our client’s mother at the U.S. Consulate General in Ciudad Juarez, Mexico, and we prepared her for her interview. She did her interview on April 4, 2018, and the U.S. Consulate General approved and issued her immigrant visa.
With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two months of entry.
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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Korean
LOCATION: Akron, OH
Our client contacted us in December 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from South Korea and obtained his green card in February 2013.
Once retained, his N-400 application was filed on December 28, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office. On March 16, 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. Eventually, his application was approved on March 30, 2018. 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: Filipina
LOCATION: Cincinnati, Ohio
Our client contacted us in May 2016 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in May 2009. She retained our office for her naturalization and citizenship N-400 application on May 16, 2016. She was concerned about her previous domestic violence case which was vacated later by the Court. Because of this domestic violence case, she was also placed in removal proceedings; but, her proceedings were terminated after her conviction was vacated. Nevertheless, our client has a clean record besides the aforementioned vacated conviction, so she should not be ineligible for her naturalization.
The naturalization and citizenship N-400 application was filed on May 24, 2016 with all supporting documents. Our office prepared her before her naturalization interview, and our client appeared on her interview on November 7, 2016 at the Cincinnati CIS office. Our client passed her naturalization and citizenship N-400 interview. However, her N-400 case remained pending due to her former criminal conviction record. The USCIS officer asked our client to submit a certified copy of her vacated conviction record. We filed the RFE response to the Cincinnati USCIS Field Office in February 3, 2017.
Eventually, her naturalization application was approved on March 22, 2018. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.
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CASE: I-751
APPLICANT: Palestinian
LOCATION: Akron, OH
Our client contacted our office in September of 2016 regarding her I-751 application.
She is from Palestine and she married a U.S. citizen. Through her marriage, she obtained a 2-year conditional green card in December of 2013. Her conditional residency terminated in December 2015.
To comply with immigration requirements, our client and her husband should have filed an I-751 Joint Petition to Remove Conditions before December 2015. However, due to financial and health related reasons, they could not file the I-751 application on time.
The USCIS still allows the I-751 applicant to file his or her I-751 application as long as there is a good cause for the late filing. She retained our office on September 8, 2016 and our office prepared an I-751 application for our client with bona fide marriage evidence and a letter to explain their late filing.
On September 28, 2016, our office filed an I-751 application to the USCIS with affidavits of applicant and her husband to explain their late filing and other joint documents to demonstrate the bona fideness of their marriage.
There was no RFE issuance or interview request for our client’s I-751 application. As a result, on March 21, 2018, the USCIS approved our client’s I-751 application and our client received her 10-year green card.
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