CASE: Marriage-Based Adjustment of Status

NATIONALITY: Cote D’Ivoire                                                                                                        

LOCATION: Cleveland, OH

Our client is from Cote D’Ivoire who came to the U.S. on a F-1 Student Visa in October 2013 to pursue his undergraduate degree in United States.  In May 2017, our client married his current U.S. citizen wife.  He retained our office for his green card application in August 2017. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on December 21, 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 as well. On March 13, 2018, our client was interviewed at Cleveland USCIS office. Attorney Sung Hee (Glen) Yu also accompanied our clients as well.  Eventually, on March 20, 2018, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indonesian

LOCATION: Columbus, OH

Our Indonesian client came to the U.S. on a J-1 Visa in May 2016.  She came to the U.S. for an internship, and her J-1 visa made her subject to the two-year foreign residency requirement.  In March 2017 our client married his U.S. Citizen husband and she wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office contacted the Indonesian Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of her valid Indonesian passport, and a copy of Form DS-3035.

On March 22, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a marriage based adjustment of status application but for the waiver.

The Indonesian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 7, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on October 20, 2017.

Once we received the I-612 waiver for our client’s J-1 waiver, our firm prepared and filed I-130 petition and I-485 adjustment of status application on November 8, 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 through conference calls.  On February 27, 2018, our client was interviewed at the Columbus USCIS Field office in Ohio. Eventually, on March 7, 2018, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: El Salvadorian

LOCATION: Cleveland, OH

Our client contacted us in November 2017 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from El Salvador and obtained her green card in March 2009.

Her N-400 application was filed on November 29, 2017 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On March 2, 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 March 9, 2018. 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

CLIENT: Burkina Faso

LOCATION: Cleveland, OH

Our client came to the United States from Burkina Faso on a F-1 student visa in December 2014. He married a U.S. Citizen in August 2016 and retained our office on August 22, 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 26, 2016. 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 as well.

On January 11, 2017, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. In February 2018, the USCIS issued Request for Evidence and requested our client to do updated medical / vaccination check-up with the USCIS approved civil surgeon. Our client did it and submitted the sealed result to the USCIS Cleveland Field Office. Eventually, on March 7, 2018, his green card application was approved.

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CASE: I-140 / 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. His adjustment of status application will be approved soon as well.

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CASE: PERM Labor Certification

EMPLOYER: Church

BENEFICIARY: Korean Education Pastor

LOCATION: Tampa, FL

Our client’s current employer was willing to petition him for a second-preference petition (I-140).  Our client has a master’s degree in divinity in the United States and currently works for a church on an R-1 visa. Based on our client’s education and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us on January 3, 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 PW determination, our office filed the job order on April 5, 2017. On June 26, 2017, we promptly filed PERM.

However, on October 2, 2017, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on October 17, 2017.  

Eventually, on March 7, 2018, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Since his priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: Cleveland, OH

Our client entered the United States in June 2015 from South Korea under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  However, after her authorized stay period expired, our client remained in the United States.

Later, in August of 2015, our client and her U.S. citizen boyfriend married in the United States. They contacted our office, and retained our office on November 6, 2017.  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 Cleveland, Ohio, 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 1, 2017.  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 our clients. On February 22, 2018, our client was interviewed at the Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  Despite the visa waiver issue, the USCIS approved her green card application on March 6, 2018.  Now, our client becomes a green card holder.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

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 India and obtained his green card in May 2003.

After retention, his N-400 application was filed on November 22, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On February 22, 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 February 23, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Iranian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Iran who came to the U.S. on a F-1 student visa to pursue his dental degree. In March 2017, our client married his current U.S. citizen wife.  He retained our office on July 24, 2017 for his green card application.  Our firm prepared and filed the I-130 Petition I-485 and Adjustment of Status Application on August 3, 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 February 15, 2018, our client was interviewed at to Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients at their interview as well.  Eventually, on February 26, 2018, his green card application was approved.

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client came from China on an F-1 student visa. She has a same-sex U.S. Citizen spouse and they married in August 2017 in California.

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 September 15, 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 October 30, 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 February 13, 2018, our clients appeared at USCIS Cleveland Field Office for the interview. Attorney Sung Hee (Glen) Yu accompanied our clients as well. The interview went well and our client’s green card application was approved on February 14, 2018.

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