CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Sudanese

LOCATION: Ohio

Our client contacted us in May 2015 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Sudan and obtained his green card in January 1996. However, due to his “Good Moral Character” issue, specifically polygamy, his previous N-400 application was denied in 2006. Nevertheless, after consulting with our office, he retained our office on May 13, 2015.

The N-400 application was filed on June 9, 2015 with all supporting documents. Moreover, our office filed brief regarding the circumstances of our client’s past regarding his marriages, from explaining timing circumstances to incorporating home country culture, basically addressing the reasons which led to the denial of his previous N-400 application.

Prior to his citizenship interview, our office prepared him via conference calls. On October 19, 2015, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on October 20, 2015. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Cleveland, OH

Our client contacted our office in late September of 2014 regarding her I-751 application.

She is from the Philippines and married a U.S. citizen in September 2012. Through her marriage, she obtained a 2-year conditional green card in January of 2013. Our office helped her in her green card process.  Her conditional residency terminated in January 2015.

To comply with immigration requirements, our client and her wife had to file an I-751 Joint Petition to Remove Conditions. She retained our office on October 6, 2014 and our office prepared an I-751 application for our client with supporting documents.

On October 7, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, joint lease, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

After the application was filed, a fingerprint notice was issued two weeks later. The USCIS issued a Request for Evidence (RFE) regarding the bona fideness of our client’s marriage with her husband. We filed a Response to RFE to the USCIS with more bona fide documents on March 30, 2015.

Eventually, on October 14, 2015, the USCIS approved our client’s I-751 application.

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Case: I-130/I-485

Potential Issue: Response to Notice of Intent to Deny

Client: Filipina

Location: Cleveland, Ohio

Our client entered the United States in May 2005 from the Philippines with a B-2 visitor visa.  She overstayed and married a U.S. citizen in December 2014. She retained our office on January 5, 2015 for her adjustment of status application.

Our office prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 16, 2015.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, our office thoroughly prepared our clients at our office for their USCIS adjustment of status interview.

On April 13, 2015, our client and her husband appeared at the Cleveland, Ohio USCIS office for her adjustment interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client and her husband at their interview. The interview was extensive and at the end of the interview, the officer claimed that he was suspicious regarding the bona fideness of our client’s marriage.

On August 21, 2015, the USCIS issued a Notice of Intent to Deny (NOID).  The NOID claimed that there was substantial and probative evidence that the marital union between the Petitioner and Beneficiary was not bona fide.  Moreover, the NOID pointed out that the submitted documentation of Petitioner and Beneficiary does not establish a bona fide marriage.

In response to the USCIS’s NOID, our office included multiple supporting documents including, joint bank account statements, a joint car purchase agreement, joint utility bills, joint insurance, and several pictures of our client and his wife in several occasions with different people.  Several legal authorities were cited based on particular issues discussed, and on September 16, 2015, we filed the Response to NOID prior to the 30-day deadline.

Finally, on October 9, 2015, the USCIS approved our client’s case. Both the I-130 Petition and I-485 Green Card Application were approved. Our client is now a green card holder.

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CASE: Termination of Proceedings / I-751

APPLICANT: Ghanaian

LOCATION: Columbus, OH

Our client contacted our office in July 2014 regarding his removal proceedings representation and I-751 application.

He is from Ghana and he married a U.S. citizen in August 2010. Through his marriage, he obtained a 2-year conditional green card in May 2011.  His conditional residency terminated in May 2013.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. They filed the I-751 application first; however, they failed to appear at the I-751 interview because they were not informed of their interview date.  Our client’s initial I-751 application was thus denied. Later on, our client was placed in removal proceedings and had to appear for his Master Calendar hearing at the Cleveland Immigration Court on August 5, 2014. Our client retained our office on August 4, 2014 and Attorney Sung Hee (Glen) Yu represented our client at his initial Master Calendar Hearing.

After the hearing, our office prepared an I-751 application for our client with other supplemental exhibits including a detailed brief on why they failed to appear at their initial I-751 interview.

On January 29, 2015, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued a Request for Evidence (RFE) in July 2015 and requested our client to submit more bona fide evidence. In response to the RFE, our office prepared and filed the Response to RFE with several supplemental exhibits to the USCIS on August 4, 2015. Eventually, on August 19, 2015, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

Once our client received his 10-year green card, our office filed a Motion to Terminate proceedings with the Cleveland Immigration Court on August 31, 2015. On September 30, 2015, the Immigration Judge terminated our client’s removal proceedings.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Columbus, Ohio

Our client came to the United States from Ghana on a B-2 Visitor’s visa in December 2005. After his authorization of stay period expired, he remained in the United States.  He married a U.S. Citizen in February 2014 and retained our office on April 1, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 10, 2015.  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 September 1, 2015, our client was interviewed at the , Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on September 21, 2015, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Pakistani

LOCATION: Cleveland, Ohio

Our client contacted us in December 2014 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Pakistan and obtained her green card in January 2011. She retained our office on December 16, 2014.

The N-400 application was filed on January 30, 2015 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office. On September 14, 2015, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on September 17, 2015. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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Case: I-130/I-485

Applicant/Beneficiary – Japanese

Location: Cleveland, Ohio

Our client entered the United States in April 2015 from Japan under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) for a couple of months. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.

Later, in June 2015, our client and her U.S. citizen boyfriend married in the United States. Her husband contacted our office, and they retained us on June 26, 2015.

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.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on July 6, 2015.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. 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 at our office. On September 18, 2015, our client was interviewed at the Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Despite the visa waiver issue, on the same day of the interview, the USCIS approved her green card application.  Now, our client is a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Guatemalan

LOCATION: Cleveland, OH

Our client came to the United States from Guatemala on a B-2 Visitor’s visa in September 2003. She has remained in the United State since then.  She married a U.S. Citizen in December 2006 and has maintained her marital relationship with her husband.  She contacted our office in May of this year and sought legal assistance for her green card application. Eventually, she retained our office on May 18, 2015 for her green card application.  Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 5, 2015.  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 September 11, 2015, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients as well.  The interview went well, and on September 11, 2015, her green card application was approved.

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CASE: H-1B Visa Petition

PETITIONER:  Metal Supply / Manufacturer

BENEFICIARY: Chinese Operations Development Associate in Cleveland, OH

Our client is a Metal Supplier / Manufacturer 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 her Master of Business Administration in the United States.  The proffered position for the Beneficiary is an Operations Development Associate which we argued 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, 2015 via regular processing service. This H-1B petition was selected in the lottery. Our client’s H-1B application was approved on August 31, 2015.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Cleveland, OH

Our client contacted us in June 2015 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 2011 through marriage to her U.S. Citizen husband. She retained our office on June 3, 2015.

The N-400 application was filed on June 9, 2015 with all supporting documents. Prior to her citizenship interview, our office prepared her in our office. On August 20, 2015, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on August 27, 2015. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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