CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY: Korean

LOCATION: Ohio

Our client is from South Korea who came to the U.S. on a J-1 Visa in October 2009.  He came to the U.S. for a post-doctoral program, but his J-1 program made him subject to the two-year foreign residence requirement.  He retained our office to seek legal assistance for his I-140 (National Interest Waiver Classification) and I-485 Adjustment of Status applications. His NIW petition is currently pending, but before we file his I-485 application, he has to get a waiver for his two-year foreign residency requirement first.

After retention, our office prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Chicago to pursue the waiver for our client.  The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On August 17, 2013 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file a National Interest Waiver petition and adjustment of status application.

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On October 7, 2013, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, the USCIS issued an I-612 approval on October 15, 2013.  Now, our client can file his adjustment of status application.

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CASE:  Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Kenyan

LOCATION: Cleveland, Ohio (EOIR) / Columbus, Ohio (USCIS)

Our client is a Kenyan citizen who came to the U.S. on an F-1 Student Visa in December 2007 to study at a college in Ohio. In January 2010, she married her U.S. citizen husband, and her husband filed an I-130 petition for her. However, the I-130 petition was denied and our client was placed in removal proceedings due to her failure to maintain F-1 status. After her I-130 was denied, her husband filed a second I-130 petition for her in March 2012.

After she was placed in removal proceedings, she contacted our office and sought legal assistance. She retained our office on June 7, 2012.

Our office prepared and submitted a copy of the I-130 Petition with more bona fide marriage evidence of her marriage to the Cleveland Immigration Court. We wanted to show the Court that despite this second filing, that an approval was feasible, and so we wanted to demonstrate even prior to the Master Hearing that the marriage was bona fide. This was important so that we can get a continuance. The filing also included a bona fide marriage exception letter which was omitted when our client filed the I-130 petition previously.

So while the second I-130 petition was pending, our client appeared at the Cleveland Immigration Court on August 7, 2013 for her initial master calendar hearing.  Attorney Sung Hee (Glen) Yu from our office represented her at the hearing, did pleadings and sought adjustment of status relief upon approval of the I-130 petition. He asked for a continuance and on the basis of the bona fide evidence submitted to the court, argued that this was, despite it being a second I-130, good cause. The continuance was granted.

Our client’s I-130 interview was scheduled on October 9, 2012 at the Columbus USCIS Field Office.  Prior to the interview, our office thoroughly prepared our client and her husband for the interview. Attorney Yu also accompanied them at their interview. The interview lasted more than two hours, our clients were separated, but the I-130 petition was eventually approved on November 14, 2012.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice on January 9, 2013.

Once her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on June 28, 2013, together with other necessary forms and supporting documents. 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 through conference calls.

On September 3, 2013, our client was interviewed at the Columbus, OH USCIS office. The interview went, and on October 11, 2013, our client’s green card application was finally approved.

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CASE: I-360 Petition

NATIONALITY: Mexican

LOCATION: Ohio

Our Mexican client came to the U.S. in June, 2004. He entered the United States without admission and inspection and he has lived in Ohio since then. In May 2012, he contacted our office to seek legal representation for his I-360 petition. According to his story, our client’s marital life was tough and he eventually was abused by his spouse.  With his story and other evidence, our office determined that he would be eligible for I-360 self-petition as a spouse of an abusive U.S. citizen.

Our client experienced domestic violence and spousal abuse during his marriage. His wife physically and mentally abused our client throughout the years. Thus, we prepared and filed his I-360 petition, which included 21 exhibits and a detailed brief to the USCIS Vermont Service Center on July 19, 2012.

Despite our client’s thoroughly prepared I-360 application, in June 2013, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more documents to prove his good moral character. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on August 29, 2013.

Finally, on October 7, 2013, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360, our client can file his I-485 adjustment of status application to the USCIS for his permanent residency.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Nursing Care Company

BENEFICIARY: Kenyan

LOCATION: Akron, Ohio

Our client is a certified nurse practitioner, who is currently working at a nursing care company in Akron, Ohio under the OPT program. Her employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, she was eligible for “Schedule A” classification.

The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without having to file a Labor Certification with the Department of Labor. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. We argued that the position of Nurse Practitioner is included in Schedule A.

Our client has both a Bachelors and Masters degree in nursing. Our office was retained on May 21, 2013 and we started on the Prevailing Wage Determination filing and other related matters.

We filed the I-140 application on September 17, 2013 via premium processing. We included the job offer letter, the notice of filing, her pay stubs, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  On September 30, 2013, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

When we filed her I-140 petition, the priority date for Kenyan nationals was current for the  EB-2 category, thus we also filed her I-485 adjustment of status application concurrently with the I-140 petition. Since the I-140 petition is approved, her I-485 adjustment of status application will likely be approved soon.

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CASE: Asylum in Immigration Court

CLIENT: Cameroonian

LOCATION: Cleveland Immigration Court

Our Cameroonian client came to the United States as an arriving alien in May 2012. She was detained at Eloy Processing Center for three months, and later paroled into the United States. A Notice to Appear was issued and our client was placed in removal proceedings. After she got the Notice to Appear and first Master Calendar hearing notice, she contacted and retained our firm in April 2013.

She was persecuted and harmed in Cameroon based on her political opinion and political activism, so within one year of her entry, she filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT)

Our client was scared to go back home to Cameroon, fearing that she will be persecuted based on her political opinion and her past participation in certain organizational activities. While she was in Cameroon, our client joined marches against the government’s actions and participated in political activities for Southern Cameroonians. As a result, she was arrested and detained multiple times by the Cameroonian police and has experienced harm and mistreatments in numerous occasions.

We helped her file her asylum application and represented her in immigration court hearings. We also asked her to provide supporting documents corroborating her claim, some of which were a letter from her parents, colleagues and friends in Cameroon, Cameroonian medical documents of our client’s injury, and her membership certification with the organization. Our firm also did some research on articles related to her claim, and the type of persecution she will experience in Cameroon if sent back.

Our client’s individual hearing was scheduled on September 30, 2013 at the Cleveland Immigration Court. Attorney Sung Hee Yu from our firm prepared her extensively twice, both of which lasted several hours. He also represented our client at her Individual Hearing.

During the hearing, our client testified credibly as to her past persecution in Cameroon and likelihood of future persecution. After the hearing, the Immigration Judge granted asylum relief for our client. She is now an asylee who will get her work permit in two weeks and will be eligible to apply for permanent residency in one year.

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CASE: H-1B Visa Petition

PETITIONER:  Nursing Care Company in Ohio

BENEFICIARY: Cambodian Compliance Manager

Our client is a Nursing Care Company in Ohio that works with individuals and doctors to design home care plans to meet their needs. They contacted our office in the middle of March 2013 to seek legal assistance for its foreign beneficiary’s H-1B visa petition.

The beneficiary is a Cambodian who obtained her Bachelor’s and Master’s Degree in Law in Cambodia, and also an LLM from George Washington University. The proffered position for the Beneficiary was for a Compliance Manager which we argued qualified as a specialty occupation. We argued that the minimum requirement for this position is a Bachelor’s Degree in Law or its equivalent.

Upon retention, our firm prepared and eventually filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. The USCIS Vermont Service Center issued a Request for Evidence (RFE) on May 23, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that the business was new and that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in an 6-page response brief with 10 exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations.

Our office filed the response to the USCIS Vermont Service Center on June 12, 2013. Our client’s H-1B application was approved on September 17, 2013. Now the Beneficiary can work for the Petitioner on an H-1B status until September 23, 2016.

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Case: TPS Extension
Client: El Salvadoran
Location: Cleveland, OH

The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS. The Secretary may designate a country for TPS due to the following temporary conditions in the country: 1) Ongoing armed conflict (such as civil war); 2) An environmental disaster (such as earthquake or hurricane), or 3) an epidemic or other extraordinary and temporary condition. During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):

• Are not removable from the United States
• Can obtain an employment authorization document (EAD)
• May be granted for travel authorization

Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.
Our client first entered the United States in 2000 and has resided in the U.S. ever since. He had obtained TPS and work permits for a long time. He contacted our office in June 2013 for his TPS extension and work permit. Our client retained us on July 1, 2013. On July 2, 2013, our office filed his TPS Application and Work Permit with a brief regarding his eligibility. We explained that our client has continued residence in the United States and continued physical presence since 2000. On August 30, 2013, the USCIS approved his TPS and issued a valid work permit for our client.

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CASE: I-751

APPLICANT: Ghanaian

LOCATION: Cleveland, Ohio

Our client contacted our office in early May this year regarding his I-751 application.

He is from Ghana, married to a U.S. citizen since August 2009. Through his marriage, he obtained a 2-year conditional green card in July of 2011.  His conditional residency terminated in July 2013.

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 May 14, 2013 and our office prepared an I-751 application for our client with other supplemental exhibits.

On June 7, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint tax filing records, a birth certificate of their child, joint bank statements, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance for our client’s I-751 application. On August 29, 2013, our client and his wife were requested to appear for an interview at the USCIS Cleveland Office.  Prior to the interview, our office prepared them thoroughly. We also accompanied them at the interview as well. The interview went well, and as a result, on the same day, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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CASE: I-751 / Response to RFE

APPLICANT: Filipina

LOCATION: Ohio

Our client contacted our office in the middle of March this year regarding a Response to RFE for her I-751 application filing. She is from the Philippines 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 June of 2010, and her conditional residency terminated in June 2012.

To comply with immigration requirements, our client and her husband filed an I-751 Joint Petition to Remove Conditions before June 2012. 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 February 14, 2013, the USCIS issued a Request for Evidence (RFE) for our client’s I-751 filing.

After consulting, she retained our office on March 27, 2013.

We reviewed the CIS’ RFE letter and prepared our response.  On May 7, 2013, our office filed the Response to RFE to the USCIS with multiple affidavits from her 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.

After that, there was no interview request for our client’s I-751 application. Instead, on August 26, 2013, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the condition.

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CASE: I-751

APPLICANT: Korean

LOCATION: Cleveland, Ohio

Our client contacted our office in early April this year regarding her I-751 application.

She is from South Korea and married a U.S. citizen in January 2010. Through her marriage with, she obtained a 2-year conditional green card in July of 2011.  Her conditional residency terminated in July 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 April 17, 2013 and our office prepared an I-751 application for our client with other supplemental exhibits.

On May 2, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from her 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. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on August 22, 2013, 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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