CASE: L-1A petition extension / I-129

PETITIONER: Child Care Center in Cleveland, OH

BENEFICIARY: Chinese General Manager

Our client is a Chinese company which has its US subsidiary in the greater Cleveland area.  In 2016, our client acquired a child development center and has offered child care services to children from the age of 6 weeks to 12 years old. They contacted our office in the middle of August 2017 to seek legal assistance for a possible L-1A extension for their employee. He came from China in 2016 with his L-1A visa to work as a General Manager.

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

Upon retention, our office prepared and eventually filed the L-1A extension petition with various supporting documents. The application included a detailed employer support letter, documentation to demonstrate the qualifying corporate relationship between the parent company in China and the U.S., financial documents, past experience documents, organization chart, and physical premises evidence among others. We filed the L-1A extension petition on August 30, 2017 via premium processing.

However, on September 8, 2017, the USCIS issued Request for Evidence (RFE) for our client’s extension petition. USCIS requested more evidence to demonstrate sufficient physical premises of petitioner’s business and evidence that our client met the requirement of “one year managerial or executive position abroad.” Our office prepared and filed the Response to RFE on September 20, 2017 with 37 exhibits (A to KK).

Eventually, our client’s L-1A application was approved on September 26, 2017. His L-1A status has been extended to October 2019.

{ 0 comments }

CASE: I-130 and Consular Processing (Immigrant Visa)

CLIENT: LPR Mother; Filipino Beneficiary Minor Son in the Philippines

LOCATION: Petitioner: Ohio; Beneficiary: Philippines

Our client retained us to bring her minor son over from the Philippines. She was born and raised in the Philippines, but lives in the United States as a LPR (Green Card holder).

On September 18, 2015, our firm filed the I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On February 1, 2016, the I-130 Petition was approved. However, we could not start the immigrant visa processing because their visa numbers were not available. In July 2016, once their visa numbers were available, we then started the immigrant visa processing phase of trying to get her son over to the United States.

On May 4, 2017, we filed the immigrant visa packet to the National Visa Center who in turn forwarded our clients’ materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for our client’s son at the U.S. Embassy in Manila, and we prepared them for his interview. On September 12, 2017, the U.S. Embassy in Manila, Philippines approved and issued his immigrant visa.

With the approved immigrant visa, our client’s son can come to the United States immediately, and she will get her green card within two months of entry.

{ 0 comments }

CASE: I-130 and Consular Processing
CLIENT: US Citizen Petitioner; Filipina Beneficiary
LOCATION: Petitioner: Ohio; Beneficiary: Manila, Philippines

Our client is a U.S. citizen who married a Filipina lady in 2009. Our client’s Filipina wife got a green card through our office in January 2017.  

Our client’s wife has a daughter in the Philippines. Our client decided to petition for his step-daughter in the Philippines for an immigrant visa when he filed I-130 for his wife. Since the client’s step-daughter was not in the United States, our office filed the I-130 to the USCIS first on September 16, 2017.

After the I-130 was filed, everything went smoothly and the receipt notices came on time. The I-130 Petition was approved by the USCIS on January 27, 2017. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on June 1, 2017, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client’s step-daughter. On September 19, 2017, the beneficiary went to her interview in Manila. On the same day, the U.S. Embassy in the Philippines approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s step-daughter can come to the United States immediately, and she will get her green card.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Jamaican                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from Jamaica who came to the U.S. on a J-1 exchange visitor’s visa in June 2015. Her J-1 program was not subject to the 212(e), two-year foreign residency requirement. In February 2017, our client married her current U.S. citizen husband.  She retained our office on March 24, 2017 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 23, 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 August 28, 2017, 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 August 30, 2017, her green card application was approved.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                        

LOCATION: Ohio

Our client is from China who came to the U.S. on a F-1 student visa. Later, she changed her status from F-1 to H-1B and has worked for her employer for the last two years. In May 2017, our client married her current U.S. citizen husband.  She retained our office on May 9, 2017 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 19, 2017.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients at our office. On August 29, 2017, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of the interview, her green card application was approved.

{ 0 comments }

CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Korean Dentist in Cleveland, OH

Our client is a dental clinic located in Cleveland, Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Doctor of Dental Medicine in the United States. Moreover, she is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary was an associate dentist which we argued qualified as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2017 via regular processing. This H-1B petition was selected after the lottery.  Eventually, our client’s H-1B application was approved on August 29, 2017.

{ 0 comments }

CASE: H-1B Visa Petition

PETITIONER:  Mental Health and Welfare Agency for children

BENEFICIARY: Taiwanese Outpatient Services Clinician in Columbus OH

Our client is a comprehensive children’s mental health and child welfare agency in Columbus, OH.  They contacted our office in later February of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained her Master of Science in Social Administration in the United States. The proffered position for the Beneficiary is an Outpatient Services Clinician which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2017 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on August 19, 2017 without any Request for Evidence (RFE).

{ 0 comments }

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

CLIENT: Honduran

LOCATION: Cincinnati, OH

Our client came from Honduras with B-2 visitor’s visa in 2010. She has remained in the United States after her authorized stay period expired.

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 and her current U.S. citizen spouse, decided to get married in December 2016. Our client contacted our office and retained us on February 15, 2017 for her I-130 petition and I-485 adjustment of status application. She also has a minor child from Honduras and retained our office for her daughter’s case as well. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on March 28, 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 via conference calls. On August 17, 2017, our clients appeared at USCIS Cincinnati Field Office for the interview. The interview went well and our client and her daughter’s green card applications were approved on the same day.

{ 0 comments }

CASE:   Immigrant Visa / I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Chinese

LOCATION: Cleveland, OH / Guangzhou, China (Visa Interview)

Our client came to the United States from China in March 2001 without inspection and admission. She made an illegal entry and was inadmissible. She applied for Asylum and Withholding of Removal, and she was granted Withholding of Removal. She married her U.S. citizen husband in 2006 and has U.S. citizen children together.

Through our office, she applied for a Motion to Reopen and the Cleveland Immigration Court granted our Motion and reopened our client’s case in 2015. Once reopened, with our office’s assistance, her removal proceedings were administratively closed in November 2015 to file a provisional waiver application. Her U.S. Citizen husband filed an I-130 petition for our client, and this I-130 petition was approved in 2009.

However, our client cannot file her adjustment of status application due to her ground of inadmissibility. She needed a waiver of inadmissibility to become a green card holder. Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

The USCIS announced of new policy called provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States. Thus, our client would like to apply so called I-601A provisional waiver.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen husband suffers from great degree of psychological hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of her husband.  We argued that if she was removed from the United States, extreme hardship to her husband is clearly foreseeable and evident.  Her husband has ongoing psychological hardship and he would not be able to take care of his own needs and the bulk of their family chores, most importantly taking care of their infant children. Also, it would be extremely difficult for him to get the same level of therapy and satisfactory access to medical services in China in case he joins our client there. 

In our brief, we also argued that our client and her husband have maintained strong family ties in the United States, that her husband will have difficulty in finding the same level of employment in China, that our client has a good employment in the United States, and that her U.S. citizen children and her husband will face extreme financial and emotional difficulties if she is removed.

On May 20, 2016, our client submitted our I-601A waiver application which included the brief in support, her husband’s extensive psychological examination records, and other documents that demonstrated hardship to her husband if she is removed from the United States. Eventually, her I-601A waiver was approved on November 16, 2016.

Once her I-601A waiver was approved, she retained our office again for her immigrant visa processing. Our office prepared and filed her immigrant visa application on May 17, 2017. Thereafter, the U.S. Consulate General in Guangzhou, China informed our office that they scheduled an immigrant visa interview for our client. Our client went back to China to appear at her interview on July 10, 2017. On July 10, 2017, our client appeared at her immigrant visa interview at the Consulate, and the Consulate officer approved her immigrant visa on the same day.

Now, our client can come back to the United States with an approved immigrant visa and she will get her green card in a mail within two months of her entry to the United States.  

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Finnish                                                                                                       

LOCATION: Cleveland, Ohio

Our client is from Finland who came to the U.S. on a F-1 students visa in 2015 to pursue her graduate studies. In April 2017, our client married her U.S. citizen husband.  She retained our office in May 2017 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 22, 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 August 15, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, after the interview, her green card application was approved.

{ 0 comments }