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

Our client came to the United States in August 2007 with an F-1 Student visa from South Korea.  She married a U.S. Citizen in November 2012 and retained our office on November 6, 2012 for her adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 18, 2012.  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.

On March 8, 2013, our client was interviewed at the Cleveland, OH USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On the same day, her green card application was approved.

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CASE: I-360 Petition

NATIONALITY:Kenyan

LOCATION: Ohio

Our Kenyan client came to the U.S. on a J-1 Visa in 2004.  She overstayed and was placed in removal proceedings two years ago, and she retained our office for legal representation.

When she came in 2004, her visa made her subject to the 2-year foreign residency requirement.  As our previous success story explained, this client received an I-612 J-1 waiver approval from the USCIS in January 2012 with our assistance.

Our office then filed her I-360 petition as a spouse of an abusive U.S. Citizen. Our client experienced domestic violence and spousal abuse while she was married to her ex-husband.  Thus, we filed and prepared her I-360 petition, which included 26 exhibits and a detailed brief to the USCIS Vermont Service Center on May 5, 2011.  This petition was also reviewed by the Immigration Judge during our client’s Master Calendar hearing and the IJ opined that our client’s I-360 petition is prima facie approvable. Nevertheless, our client’s I-360 petition was pending for a while.

Despite our client’s thoroughly prepared I-360 application, in August 2012, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more medical documents to prove her ex-husband subjected her to extreme cruelty. Moreover, the RFE letter asked our client to submit more notarized affidavits of witnesses. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on November 7, 2012 with 13 exhibits.

Finally, on February 22, 2013, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360 and I-612 J-1 waiver, our client may now seek termination of her removal proceedings at the Immigration Court.  Once that is done, she can file her I-485 adjustment of status application to the USCIS directly.

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CASE: Termination of Removal Proceedings Based on Approved I-130 Petition

CLIENT: Filipina

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a B-2 Visitor’s Visa in March 2009. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings in Cleveland, Ohio.

Our client married her U.S. citizen husband in April 2011 in Ohio. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in June 2012. Unfortunately, after being in Court prior to our retention about 4 to 5 times, she could not get her case terminated.

She contacted our office around September 2012 to seek legal assistance. She retained our office in October 1, 2012.

After our office was retained, we prepared and filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents to the Cleveland Immigration Court. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on February 5, 2013. Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card.

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CASE: Asylum in Immigration Court

CLIENT: Ethiopian

LOCATION: Cleveland Immigration Court

Our Ethiopian client came to the United States on a B-2 visa in January 2010. He was persecuted and harmed in Ethiopia based on his political opinion and political activism, so within one year of his entry, he filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS.

He was interviewed at the Asylum Office, but his case was referred to an immigration judge in September 2010. 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 found that there is no future persecution.

After the case was referred to the Immigration Court, our client contacted our office in early December of 2010, and eventually retained our office on December 10, 2010.

Our client was scared to go back home to Ethiopia, fearing that he will be persecuted based on his political opinion and his past political participation which alleged to be anti-government activities.

While our client was a medical student in Ethiopia, he actively expressed his opinion regarding the problematic election process, called meetings in campus and informed fellow students about their voting rights. As a result, he was arrested and detained multiple times by the Ethiopian police and has experienced harm and mistreatments in numerous occasions.

We helped him supplement his asylum application and represented him in immigration court hearings. We also asked him to provide supporting documents corroborating his claim, some of which were a letter from his family member in Ethiopia, and his membership certification with the different organizations. Our firm also did some research on articles related to his claim, and the type of persecution he will experience in Ethiopia if sent back.

Our client’s individual hearing was scheduled on February 19, 2013 at the Cleveland Immigration Court. Attorney Sung Hee (Glen) Yu from our firm prepared him extensively twice, both of which lasted several hours. He also represented our client at his Individual Hearing.

During the hearing, our client testified credibly as to his past persecution in Ethiopia and likelihood of future persecution. After the hearing, the Immigration Judge 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: Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Chinese

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

Our client is a Chinese citizen who came to the U.S. on a B-2 Visitor’s Visa in December 2005. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings, which was initiated at the Los Angeles Immigration Court in California.

Our client married his second husband in December 2011 in Ohio. She initially contacted our office for a Change of Venue to Cleveland.  She retained our office on January 12, 2012.

We then filed a Motion for Change of Venue from Los Angeles to Cleveland on behalf of our client. The Immigration Judge granted the Motion and her case was transferred to the Cleveland Immigration Court.

Our office then prepared and filed an I-130 Petition with a lot of bona fide marriage evidence on January 26, 2012. The petition also included a bona fide marriage exception letter.

While the I-130 petition was pending, our client appeared at the Cleveland Immigration Court on January 25, 2012 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.

Our client’s I-130 interview was scheduled on October 29, 2012 at the Cincinnati USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his husband for the interview. Attorney Yu also accompanied them at their interview. The interview lasted one hour, our clients were separated, but the I-130 petition was eventually approved on December 8, 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. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on February 12, 2013. Now, she can file her I-485 adjustment of status application to USCIS to obtain her green card.

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CASE: Marriage-Based Adjustment of Status.

NATIONALITY:Indonesian

LOCATION: Cleveland, OH

Our client is from Indonesia who came to the U.S. on a J-1 Visa in July 2007.  He came to the U.S. for business training, but his J-1 program was subject to two-year foreign resident requirement. He overstayed.

In June 2012, our client married his U.S. Citizen wife.  He is eligible to get a green card through his marriage, but he had to get a waiver of his two-year foreign residency requirement first. In order to get a waiver of his two-year foreign residency requirement, he consulted with our office and later decided to retain our office on June 26, 2012.

As our previous success story explained, our office worked on our client’s J-1 waiver. Eventually, the Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 16, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS issued an I-612 approval notice for our client’s waiver of two-year foreign residency on November 19, 2012.

After we received the I-612 waiver, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on November 29, 2012. 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.  On February 13, 2013, our client was interviewed at the Cleveland USCIS office.  We accompanied our client at his interview as well.  On the same day, his green card application was approved.

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CASE: I-485 Approval
CLIENT: Indonesian
LOCATION: Cleveland, Ohio

Our client came to the U.S. on a valid B-2 visa from Indonesia in March 2003. Our client had a final order of removal after his asylum case was denied at the Cleveland Immigration Court and then by the BIA.

In December 2011, our client married his U.S. Citizen wife and through our office, filed an I-130 petition on January 3, 2012. Unfortunately, our client was picked up by Immigration and Customs Enforcement due to his final order. So after we obtained the I-130 receipt notice, even before the I-130 was approved, we filed a Motion to Reopen on January 10, 2012, within the 90-day deadline for filing Motions to Reopen with the BIA.

Eventually, the BIA granted our client’s Motion to Reopen on February 8, 2012, and remanded it to the Immigration Judge to allow our client to apply for adjustment of status (green card). Our client got out of jail.

Our client’s I-130 interview was scheduled on July 23, 2012 at Cleveland USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his wife for the interview. Attorney Sarmiento also accompanied them for their interview. The I-130 petition was eventually approved the next day.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with a copy of the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings at our client’s Master Calendar hearing on November 7, 2012. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice.

Once his case was terminated by the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on November 27, 2012, 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 over the conference all.

On February 7, 2013, our client was interviewed at the Cleveland CIS office. Our client was fully prepared and the interview went well.  On the same day, his green card application was approved.

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CASE: H-1B Extension

PETITIONER: Electric Immersion Heater Manufacturer

BENEFICIARY: Indian Procurement Engineer

LOCATION: Cleveland, OH

Our client is a procurement engineer from India who currently works at an electric immersion heating manufacturing company in the greater Cleveland area. He is currently on a valid H-1B visa.

As our previous success stories show, he got his H-1B visa and I-140 petition through our legal assistance. His H-1B status was about to expire when his I-140 petition was approved. He retained our office in late September 2012 again, and sought legal assistance from us for his H-1B 3-year extension.

Ou office prepared his H-1B extension application. The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on November 13, 2012 to the USCIS California Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on January 30, 2013. The H-1B is good from February 14, 2013 to February 13, 2016.

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CASE: H-1B Extension

PETITIONER: Molded Component Manufacturer

BENEFICIARY: British Liquid Injection Molding (LIM) Process Engineering Manager

LOCATION: Cleveland, OH

Our client is a Liquid Injection Molding (LIM) process engineering manager from the United Kingdom who currently works at a molded component manufacturing company in the greater Cleveland area on a valid H-1B visa. As our previous success stories show, he got his EB-2 I-140 petition through our legal assistance. His H-1B status was about to expire when his I-140 petition was approved. He retained our office in early November 2012 again, and sought legal assistance from us for his H-1B 3-year extension.

Once we were retained, our office prepared his H-1B extension application. The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on November 29, 2012 to the USCIS California Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on January 28, 2013. The H-1B is good from December 1, 2012 to November 30, 2015.

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CASE: I-140 (EB-2) / I-485
Applicant: Korean
LOCATION: Akron, Ohio

Our client is a prominent Taekwondo master who is working as a Taekwondo coach. He had a Taekwondo school willing to do a second-preference petition (I-140) for him. Our client has a Bachelors and Masters degree in a related field and has more than 5 years of coaching experience. Although he had maintained his status as an O-1 visa holder in the United States, his previous green card application (Based on the EB-11 category) was denied two years ago.

After talking to our client, our firm decided that his potential employer can petition him as a Taekwondo Head Coach. 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 educational, professional and working background, our office determined that he is clearly eligible for the EB-2 classification. Our client eventually retained us for his PERM labor certification in March, 2011.

As we stated in previous success stories, his PERM Labor Certification was approved on October 25, 2011. After the PERM approval, our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing. One of the main requirements for the I-140 is that the petitioning company must show that it has the ability to pay the proffered wage for the beneficiary’s position. The adjusted gross income was not enough, thus, we attached the tax return schedule that showed the net current assets of the Petitioner, which was over the minimum requirement. We included the job offer letter, employment verification letters from our client’s previous employers, and other necessary supporting documents. The I-140 Petition was filed on December 5, 2011 via premium processing. On December 15, 2011, in only ten days, the I-140 EB2 for our Korean client was approved.

Once his I-140 was approved, our office filed his I-485 adjustment of status application along with supporting documents on January 30, 2012. His wife’s I-485 was filed simultaneously as a derivative applicant of our client’s adjustment of status application. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

However, in May 2012, the USCIS Nebraska Service Center issued Request for Evidence (RFE) for our client and his wife’s I-485 applications.  In the RFE letter, the USCIS wanted them to submit a copy of their marriage certificate.

They participated in a marriage ceremony in Connecticut in 2004, but they did not record their marriage in Connecticut.  Rather, they only recorded their marriage at a local South Korean Government office.  Nevertheless, they have been “married” under Korean law since 2004, and our client’s wife applied for O-3 visas since our client got his O-1 status, with all these relevant facts on hand, and our client’s wife has been granted O-3 extensions too.

In our Response to the RFE, our office argued that their marriage is valid and should be recognized.  This case was transferred to the local USCIS office in Cleveland, Ohio and they appeared at the interview for the adjustment of status interview with Attorney Sung Hee (Glen) Yu from our office on September 4, 2012.

The interview went well, however, the USCIS office denied our client’s wife’s adjustment of status application on September 28, 2012 based on the fact that our client and his wife failed to establish that she married him in a marriage ceremony that was legal in the place where it was conducted.  As a result, the USCIS denial decision stated that she has failed to establish that her marriage to our client is valid for “U.S. immigration purposes.”

Once our client’s wife’s adjustment application was denied, we immediately withdrew our client’s adjustment application as well.  The primary reason for withdrawal was the fact that if his adjustment application is approved, then his wife cannot adjust her status as a derivative applicant. Then, our client would needs to file the I-130 petition for his wife which will delay her adjustment of status for three years.

Since the USCIS decided that our client’s marriage to his wife is not valid for U.S. immigration purposes (due to the immigration requirement that they both be present for the marriage to be valid, even though in South Korea this was not a requirement), our client and his wife had another ceremony and registered their marriage in Ohio to make it valid for “U.S. Immigration Purposes.” They had their marriage ceremony and it was registered in the state of Ohio in October 2012.

With this marriage certificate, our office re-filed our client and his wife’s I-485 adjustment of status application on November 1, 2012. On top of their I-485 applications, our office included an extensive brief in support to explain the nature of this case and its complicated procedural history. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Eventually, on January 28, 2013, our client and his wife’s I-485 applications were approved by the USCIS Nebraska Service Center.  There were no more RFEs and no interviews. Our client came to the United States in 2002 and has remained in the United States with O-1 visa/extensions. He had a previous I-140 denial under the EB-11 category, and had to withdraw his I-485 application due to the aforementioned marriage issue.  Nevertheless, he and his wife are now finally permanent residents.

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