CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from China who came to the U.S. on F-1 student’s visa in 2011 to pursue her studies in music. In April 2017, our client married her current 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 16, 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 1, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on August 2, 2017, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted us in April 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from China and obtained his green card in July 2012.

After retention, we prepared the application and filed the N-400 on April 21, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On July 20, 2017, 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 July 27, 2017. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Nigerian

LOCATION: Youngstown, OH

Our client came to the United States in November 2016 as a K-1 visa entrant from Nigeria.  Our client is the beneficiary of an approved I-129F petition. He came to the United States as a K-1 Fiancé of a U.S. Citizen whom he married within 90 days of his entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.

Our client contacted our office initially in March 2017 and consulted with us for his adjustment of status application. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on April 4, 2017.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. Nevertheless, the USCIS scheduled an interview for our client. Prior to the interview, we thoroughly prepared our clients at our office. On July 25, 2017, our clients were interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. After the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Jamaican                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from Jamaica who came to the U.S. on a B-2 visitor’s visa in August 2010. Since then, she has remained in the United States after her authorized stay period expired.  In June 2015, our client married her current U.S. citizen husband.  She retained our office in November 2016 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 17, 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 July 21, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of the interview, her green card application was approved.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Moldovan
LOCATION: Cleveland, OH

Our client came to the United States on a valid J-1 visa from Romania in June 2007. He remained in the United States for a time longer than permitted. Later, he was placed in deportation proceedings due to his overstay and a Notice to Appear was issued. His asylum relief was denied by the Immigration Judge in April 2012, but an appeal was timely filed.  The BIA appeal was pending when our client contacted our office in March 2014.

While the BIA appeal was pending, our client married his U.S. citizen wife in February 2013. His wife filed an I-130 petition for our client on March 7, 2013.  He contacted our office for legal assistance for a Motion to Remand and possible adjustment of status if the Motion is granted.  We explained to him that the Motion to Remand procedure and he retained our office on April 8, 2014. On April 17, 2014, we prepared and filed a Motion to Remand for Adjustment of Status Based on a Pending I-130 on behalf our client. You typically want the I-130 to be approved prior to filing the Motion to Remand, but by submitting the actual I-130 application itself and its supporting documents attached to the Motion, you can show that it is approvable.

In Matter of Coelho, 20 I&N Dec. 464, 473 (BIA 1992), the BIA found that a motion to remand must conform to the same standards as a motion to reopen, where the respondent presents new evidence which would likely change the result of the case. In a Motion to Reopen before the BIA, the Applicant must show that the evidence is material, unavailable at time of original hearing, and could not have been discovered or presented at the original hearing. 8 C.F.R. § 1003.2(c)(1). In this case, the adjustment of status relief was not available for our client at his previous hearing since he was not married his U.S. Citizen wife.  

Our office filed a Motion to Remand for Adjustment of Status based on a pending I-130 to the BIA on April 17, 2014. We argued that our client will be eligible for adjustment of status once the I-130 is approved since he had a legal entry to the U.S., has no criminal records, and has no other grounds of inadmissibility. We also attached lots of bona fide marital evidence between our client and his U.S. citizen wife to demonstrate the I-130 petition is approvable.

While his motion was pending before the BIA, he and his wife appeared for the I-130 interview on May 5, 2014. Prior to the interview, we thoroughly prepared our client at our office.  On the day of our client’s I-130 interview, our attorney accompanied them at the Cleveland, OH USCIS. The interview went well, I-130 petition was approved for our client.

On June 6, 2014, the BIA granted our motion, reopened our client’s case, and the record was remanded for further proceedings.

His case was remanded and scheduled for master calendar hearing on July 12, 2017. With the approved I-130 petition, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents on July 3, 2017. The DHS counsel in Cleveland, OH agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on July 12, 2017 hearing.  Now, he can file his I-485 adjustment of status application to USCIS to obtain his green card.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Guatemalan

LOCATION: Cincinnati, OH

Our client contacted us in January 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Guatemala and obtained his green card in October 2010. Our office represented him at removal proceedings, and the Immigration Judge granted his cancellation of removal for non-LPR case in October 2010.  

Once retained, his N-400 application was filed on March 9, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On June 12, 2017, our client appeared at the Cincinnati, 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 July 11, 2017. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-130 (Petition for Father) and Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client retained us to petition his father for his green card. Our client was born and raised in China, but was naturalized in the United States in 2009. He contacted our office in March of 2017 and discussed with us the green card process. His father came to the United States from China on a B-2 visitor’s visa in December 2016. After consultation, he retained our office again on March 16, 2017.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 29, 2017 for his father.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On July 11, 2017, our client appeared at his I-485 adjustment of status interview at Cleveland, Ohio USCIS Field Office. Prior to the interview, our office prepared him at our office and also accompanied him at his interview. Eventually, on July 11, 2017, our client’s father’s adjustment of status application was approved. Now, he is a green card holder.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Korean

LOCATION: Los Angeles, CA

Our client contacted us in October 2016 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 December 2006.

Once retained, his N-400 application was filed on December 9, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On June 23, 2017, our client appeared at the Santa Ana, CA 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 July 3, 2017. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: EB-2 Green Card Approval Based on Approved I-140 (EB-2)    
EMPLOYER: Korean Church
BENEFICIARY: Korean Education Pastor
LOCATION: Cleveland, OH

Our client is a Korean church in Cleveland, Ohio which was willing to petition a Korean beneficiary for an Education Pastor position – second-preference petition (I-140).  Our client’s prospective employee has a master’s degree in Divinity. After talking to our client, our firm concluded that this employer can petition him as an Education Pastor.  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 prospective employee’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in October 2015.

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 October 6, 2015, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on January 12, 2016.  On April 8, 2016, we promptly filed PERM.  Eventually, on July 19, 2016, 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 audited balance sheet (since the church is tax-exemption entity), and other necessary supporting documents. The I-140 Petition was filed on October 17, 2016 via premium processing service. Eventually, on October 25, 2016, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on November 8, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on June 30, 2017, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Romanian                                                                                                       

LOCATION: Cleveland, OH

Our client is from Romania who came to the U.S. on an H-2 visa as a seasonal worker in April 2014. In September 2015, our client married his current U.S. citizen wife.  He retained our office in February 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 11, 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 June 12, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. The interview well, and the I-130 petition was approved on the same day.

However, the USCIS Cleveland Field Office scheduled an additional interview for our client. On July 3, 2017, our client appeared at the USCIS Cleveland Field Office again for his second interview. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. During the interview, the officer asked our client regarding his H-2B work and why he left his job. Nevertheless, after the interview, his green card application was approved.

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