CASE: PERM Labor Certification

EMPLOYER: Culture Center

BENEFICIARY: Chinese Educational Services Market Research Analyst

LOCATION: Cleveland, OH

Our client’s beneficiary is Chinese, who is currently working at a culture center in Cleveland, OH on an H-1B. The company was willing to do an immigration petition for her, second-preference. Our client has a Master’s degree in Business Administration.

After talking to our client, our firm concluded that her employer can petition her as an Educational Services Market Research Analyst. Based on the beneficiary’s educational background and the position offered, our office did PERM with an EB-2 classification.

Prior to filing PERM labor certification, 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 Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad.

On September 26, 2014, the prevailing wage request was filed.  On January 28, 2015, we filed the PERM labor certification application.  Eventually, on August 19, 2015, the PERM labor certification was approved – an EB2 position for the Chinese Educational Services Market Research Analyst, WITHOUT any audits. Now our client can file an I-140 Petition.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Toledo, OH

Our client came to the United States from Ghana on a F-1 student visa in January 2013. He married a U.S. Citizen in April 2015 and retained our office on May 13, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on May 27, 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 August 14, 2015, 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 the same day of the interview, his green card application was approved.

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CASE: Adjustment of Status Based on Approved K-1 Petition
CLIENT: Indian
LOCATION: Ohio

Our client came to the United States in July 2014 as a K-1 visa entrant from India.  Our client is a beneficiary of an approved I-129F petition and came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of entry.  Under immigration 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 the middle of August 2014 and consulted with us for her adjustment of status application process.  Once retained, our firm prepared and filed the I-485 Adjustment of Status Application on August 26, 2014.  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 adjustment applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of marriage between the Petitioner and Beneficiary.  Fortunately, the USCIS did not ask for an adjustment interview for our client.  On August 12, 2015, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Kenyan

LOCATION: Cleveland, OH

Our client came to the United States from Kenya on an F-1 student visa in August 2006. She married a U.S. Citizen in November 2013 and retained our office on April 1, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 17, 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 July 27, 2015, 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 6, 2015, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Surinamese

LOCATION: Cleveland, OH

Our client contacted us in February 2015 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Suriname and obtained her green card in May 2012 through marriage to her U.S. Citizen husband. She retained our office on March 1, 2015.

The N-400 application was filed on May 27, 2015 with all supporting documents. Prior to her citizenship interview, our office prepared her in our office. On July 31, 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 4, 2015. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Australian

LOCATION: Columbus, Ohio

Our client contacted our office in early August of 2014 regarding her I-751 filing. She came to the United States from Australia after she married a U.S. Citizen (her ex-husband) in September 2011. Through her marriage, she was able to obtain a 2-year conditional green card in October of 2012. Thus, her conditional residency terminated in October 2014.

Before her 2 year green card expired, our client experienced a lot of difficulties in her marital life with his ex-husband. Unfortunately, their marriage ended in September 2013.  Thus, our client could not file a joint petition for her removal of condition.

Thus, she retained our office in August 2014 to file an I-751 with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment. We focused on the supporting documents that she can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.

On September 17, 2014, our office filed the I-751 application with various supporting documents (over 28 exhibits and an affidavit over 5 pages) to demonstrate our client’s bona fide marriage with her ex-husband.

In June 2015, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference call and informed her of potential issues at the interview. On July 28, 2015, our client was interviewed for her I-751 application at the USCIS Columbus, OH Field Office.  Eventually, the USCIS approved our client’s I-751 application on the same day. Now, she has her ten-year green card.

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CASE: I-130 (Petition for Mother) and I-485 Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client retained us to petition his mother for a green card. Our client was born and raised in China, but was naturalized in the United States. He contacted our office in late May of 2014 and discussed with us the green card process. After consultation, he retained our office on May 30, 2014.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 11, 2014 for his mother.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. Eventually, on July 18, 2015, our client’s mother’s adjustment of status application was approved. Now, she is a green card holder.

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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, he is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate dentist 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, 2015 via regular processing. This H-1B petition was selected in the lottery. Our client’s H-1B application was approved on July 21, 2015.

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CASE: F-1 Reinstatement / Response to RFE

CLIENT: Beninese

LOCATION: Cleveland, OH

Our client has been on F-1 status for many years and has studied in the United States. However, in 2011, he was arrested by an immigration officer while at a bus station to New York and was told that his F-1 status was terminated. Our client went back to his home country for the Spring Semester of 2010 due to his family’s medical emergency. Prior to his departur from the U.S., he consulted with the school’s international student officer and was advised that he could go and come back without any problem. Nevertheless, unbeknownst to him, his F-1 status was terminated by the school.

Our client immediately talked to his school’s ISO officer right after his “arrest” incident. The school’s ISO apologized to our client and told him that they will take care of the mistake. Our client went with his schooling and never encountered the issue again for the next few years. He even graduated his school and applied for the OPT which was later approved by the USCIS.

In 2014, our client decided to take another program, but he was informed by the International Student Officer that his “terminated F-1” status was never resolved, and that he would not be eligible for further studies until he gets his F-1 status reinstated.  Our client immediately prepared necessary documents for the reinstatement, and filed an F-1 reinstatement request to the USCIS. However, on May 11, 2015, the USCIS issued a Request for Evidence. After the issuance of RFE, our client contacted our office and retained us on May 21, 2015.

Once retained, we helped our client obtain supporting documents for the F-1 reinstatement and prepared a response brief for the RFE. We fully explained why he had to go back to Benin, the circumstance of his F-1 termination, his financial ability to pursue his studies in the U.S., and reasons for his studies. On June 3, 2015, we filed the Response to RFE for his F-1 reinstatement with an extensive response brief and numerous supporting documents.

On June 27, 2015, the F-1 reinstatement was approved. Our client’s F-1 student is now valid and he now has retained valid non-immigrant status.

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CASE: I-824 based on approved I-140 (EB-3) and Consular Processing (Immigrant Visa)

CLIENT: Commercial Linen Producing Company Petitioner; Korean Beneficiary in South Korea

LOCATION: Petitioner: Virginia; Beneficiary: Seoul, South Korea

Our client is in South Korea who took voluntary departure in 2008 to South Korea as a result of his removal proceedings. However, before he left the United States, his prospective employer filed an I-140 petition for him in April 2008 and later this I-140 petition was approved.

Our client and his family members went back to South Korea and did not think that they could come back to the United States because of their voluntary departure. Nevertheless, his prospective employer contacted our office in June 2013 and asked our legal assistance for our client’s immigrant visa processing. It was a very difficult case, but with the approved I-140 petition, our client wanted to take his last try. His I-140 petition was still valid.

After we were retained, our office filed an I-824 application to the USCIS on June 23, 2013 to move his case from the USCIS to National Visa Center. After the I-824 was filed, everything went smoothly and the receipt notices came on time. The I-824 application was approved by the USCIS and this case was transferred to the National Visa Center.

After the I-824 approval, we filed the immigrant visa packets to the National Visa Center on July 25, 2014, who in turn forwarded the client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the U.S. Embassy in Seoul. On April 2, 2015, our client and his family members appeared at the U.S. Embassy in Seoul, South Korea. The interview went well; however, the consular officer wanted to see our client’s past immigration record including his previous I-485 denial. 

Our client did not have his I-485 denial notice, so our office filed a Track I FOIA on April 8, 2015 to the USCIS. On May 12, 2015, the USCIS issued a copy of his I-485 denial notice and our office immediately emailed our client this document. Then, our client submitted his I-485 denial notice and his other past immigration records.

Eventually, on May 27, 2015, the U.S. Embassy in Seoul issued immigrant visas for our client and his family members. With the approved Immigrant visas, they can come to the  United States as lawful permanent residents. 

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