CASE: H-1B Visa Petition
PETITIONER:  Surface Treatment Solutions Manufacturer
BENEFICIARY: Chinese Operations Research Analyst

Our client is one of the world’s largest surface treatment solutions manufacturing companies in the world. Located in Cleveland Ohio, they contacted our office in March of this year to seek legal assistance from our office for their foreign employee.

The beneficiary obtained her Bachelor’s degree in Management in China and her Master’s degree in Management with specialization in Operations Research and Supply Chain Management in the United States.

The proffered position for the Beneficiary is an operations research analyst which qualifies as a specialty occupation.  This position is a “specialty occupation” because the minimum requirements for this position are a Master’s Degree (even higher than a Bachelor’s degree) in Management or its equivalent.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on March 31, 2014 via regular processing service. This H-1B petition was selected after the lottery and was thus processed.

Eventually, our client’s H-1B application was approved on May 13, 2014 without any Request for Evidence.  Starting October 1, 2014, she can work for her employer on an H-1B status for the next three years.

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CASE: I-129F Fiancée Petition and Fiancée Visa

PETITIONER: US Citizen in Columbus, OH

BENEFICIARY: Ghanaian

PETITION FILED: April 7, 2014

PETITION APPROVED: May 5, 2014

Our client, a US Citizen Petitioner, met his Ghanaian fiancée in March 2013. They started their relationship, and he went to Ghana in November 2014 to see her. He proposed to his fiancée in February 2014. Shortly after his proposal, he retained our firm to file a fiancée petition for her.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on March 20, 2014. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on April 7, 2014.

On May 5, 2014, the I-129F fiancée petition was approved.

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CASE: I-751 / Response to RFE

APPLICANT: Vietnamese

LOCATION: Youngstown, OH

Our client contacted our office in the middle of January this year regarding a Response to RFE for her I-751 application. She is from Vietnam and got her 2-year conditional green card through her marriage to her U.S. citizen husband.  She obtained a 2-year conditional green card in November of 2011, and her conditional residency terminated in November 2013.

To comply with immigration requirements, our client and her husband filed an I-751 Joint Petition to Remove Conditions before November 2013. However, she did not have an attorney back then, and did not submit sufficient evidence to prove the bona fideness of her marriage to her U.S. citizen husband. As a result of that, on January 2, 2014, the USCIS issued a Request for Evidence (RFE) for our client’s I-751 filing.

She consulted with our office after receiving the RFE. After discussing the case with them, she retained our office on January 22, 2014.

We reviewed the CIS’ RFE letter and prepared our response.  On March 20, 2014, our office filed the Response to RFE to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, credit card statements, joint tax records, joint vehicle title, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

After this submission, our client wasn’t even interviewed. Instead, on May 2, 2014, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: H-1B Visa Petition
PETITIONER:  Consulting Company
BENEFICIARY: Bulgarian Management Analyst

Our client is a consulting company located in Cleveland, Ohio.  They contacted our office in February of this year to seek legal assistance from our office for their foreign employee.  The beneficiary obtained her Bachelor’s degree in Finance in Bulgaria and her MBA degree in the United States. The proffered position for the Beneficiary is a management analyst which qualifies as a specialty occupation.  This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Business / Finance or its equivalent.

Once retained, our office filed the H-1B visa petition with various supporting documents on March 31, 2014 via premium processing service. This H-1B petition was selected after the lottery and was processed. Our client’s H-1B application was approved on May 7, 2014.

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CASE: Asylum

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client, a Chinese asylum seeker in Cleveland, OH, retained us on January 11, 2013 to help him with his asylum case. He came to the United States in September 2012 with a B-2 visitor’s visa from China. He came here with his wife and son who also came here on a B-2 visitor’s visa.  He wanted to seek asylum relief with the US Citizenship and Immigration Service.

While he was in China, he was persecuted and mistreated by the government based on his Christian faith and practice. He and his wife were also persecuted due to violation of the one child family planning policy as well. Our client was severely beaten and mistreated by the Chinese police in numerous occasions. He is scared to go back home to China, fearing that he will be persecuted again.

We helped him prepare for his asylum application, going over several drafts until his claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to his asylum claim were addressed. We also asked her to provide supporting documents corroborating his claims. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution that Chinese Christians would suffer.

The asylum application was filed in March 5, 2013 which was within one year of his entry to the United States.  Thereafter, the CIS issued an interview notice for his asylum case, scheduled for December 18, 2013 at the Cleveland, OH USCIS Office. Prior to his interview, our office prepared him thoroughly for his case at our office to make sure he was able to address questions the asylum officer would ask. Attorney Sung Hee (Glen) Yu from our office also accompanied our client at his interview.

On April 30, 2014, the USCIS approved our client’s asylum case. He is now an asylee and will be eligible to apply for permanent resident status in one year.  His wife and son also became derivative asylees. He also would obtain his work permit in about two weeks.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Ethiopian
LOCATION: Cleveland, OH

Our client came to the United States in 2003 with an F-1 student visa from Ethiopia to pursue her bachelor’s degree in the United States.  After she got her Bachelor’s degree, she took graduate studies and eventually got her Ph.D.

She married a U.S. Citizen in December 2012 and retained our office on January 6, 2014 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 22, 2014.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

The interview was scheduled. However, our client’s U.S. Citizen husband left the U.S. for a medical mission in Tanzania and he planned to come back to the U.S. in September. Our office submitted an interview rescheduling request to the USCIS Cleveland Field Office, asking for an interview after September 2014. However, the USCIS Cleveland Field Office contacted our office and told us that they still want the beneficiary to appear for the interview even without the Petitioner.

Prior to the interview, we thoroughly prepared our client at our office. We made sure bona fides are shown at the interview as well as documentation as to why her husband was abroad (mission).

On April 21, 2014, our client was interviewed at the Cleveland, OH USCIS.  Our attorney accompanied our client as well. On April 25, 2014, her green card application was approved.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Cleveland, Ohio

Our client contacted our office in September of 2013 regarding her I-751 application.

She was from the Philippines and she married a U.S. citizen in June 2011. Through her marriage, she obtained a 2-year conditional green card in December 2011.  Her conditional residency terminated in December 2013.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office again on September 26, 2013 and our office prepared an I-751 application for our client with supplemental exhibits.

On October 11, 2013, our office filed an I-751 application to the USCIS with joint bank statements, utility bills, insurance policies, joint lease, joint tax records 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) on January 23, 2014.  The USCIS requested our client to submit more documentary evidence to prove the bona fide nature of her marriage with her husband. In response to the RFE, our office prepared the response and gathered more joint documentary evidence to demonstrate the bona fide nature of our client’s marriage. We filed the RFE response on March 5, 2014 to USCIS.

Eventually, on March 20, 2014, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE: Asylum in Immigration Court

CLIENT: Chinese

LOCATION: Cleveland Immigration Court

Our Chinese client came to the United States on a B-2 visa in September 2009. He was persecuted and harmed in China based on his religious beliefs and its related activities, so within one year of his entry (in October 2009), he filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS.

He was interviewed at the Asylum Office in Los Angeles, but his case was referred to an immigration judge in December 2009. The Notice to Appear was issued and our client was placed in removal proceedings. The USCIS thought that our client’s testimony was different from that of his written statement and referred the case to the Court.

The case was initiated at the Los Angeles Immigration Court. However, our client moved to Columbus, Ohio in 2011. After he moved to Columbus, OH, our client contacted our office in early April 2011, and eventually retained our office on April 11, 2011. Once retained, our office immediately filed a Motion to Change Venue which was eventually approved by the Los Angeles Immigration Court. Our client’s case was then transferred to Cleveland, OH.

Our client was scared to go back home to China, fearing that he will be persecuted based on his religious belief and his active participation in religious events which are considered anti-government activities.

While our client was in China, he attended numerous underground home church meetings. As a result, he was arrested and detained by Chinese police and experienced harm and mistreatment.

We helped him supplement his asylum application and represented him in his immigration court hearings. We also asked him to provide supporting documents corroborating his claim, some of which were letters family and church members in China, and documents related to his religious activities. Our firm also did some research on articles related to his claim, and the type of persecution he will experience in China if sent back.

Our client’s individual hearing was scheduled on March 3, 2014 at the Cleveland Immigration Court. Attorney JP Sarmiento from our firm prepared him extensively. He also represented our client at his Individual Hearing.

During the hearing, our client testified about his past persecution in China and the likelihood of future persecution. After the hearing, the Immigration Judge re-set the case for a decision hearing which was originally scheduled for September of this year. Nevertheless, on April 24, 2014, the Immigration Judge issued a written decision and granted asylum relief for our client. He is now an asylee who will get his work permit in a short period of time and will be eligible to apply for permanent residency in one year.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Argentinian
LOCATION: Columbus, OH

Our client contacted our office in late September of 2013 regarding his potential I-751 filing. He is from Argentina and was married to a U.S. citizen in March 2011.

Through this marriage, he obtained a 2-year conditional green card in October of 2011. Therefore, his conditional residency terminated in October 2013.

Unfortunately, during their marriage, our client and his ex-wife went through some struggles. They lived separately for a while and their divorce was finalized in October 2013. Our client could thus not file the I-751 application jointly with his ex-wife.

After consultation, we advised him that we can help him file the I-751 application 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 before they can file a joint petition.

On October 28, 2013, our office filed the I-751 application with various supporting documents (over 10 exhibits and an affidavit over 2 pages) to demonstrate our client’s bona fide marriage with his ex-wife.  Eventually, on April 16, 2014, the USCIS approved our request for removal of conditions on his permanent resident status without even an interview. Now, he has her ten-year green card.

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CASE: I-751

APPLICANT: Indian

LOCATION: Toledo, Ohio

Our client contacted our office in October of 2013 regarding his I-751 application.

He is from India and married a U.S. citizen in October 2010. Through his marriage, he obtained a 2-year conditional green card in February of 2012.  His conditional residency was terminated in February 2014.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on October 28, 2013 and our office prepared an I-751 application for our client with bona fide marriage evidence.

He had a criminal record and inquired about how this will affect his case. After doing research, we determined it will not.

On November 14, 2013, 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 his wife to demonstrate the bona fideness of their marriage.

There was no RFE issuance or interview request for our client’s I-751 application. As a result, on April 3, 2014, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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