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

NATIONALITY: Indonesian

LOCATION: Cleveland, Ohio

Our Indonesian client came to the U.S. on a J-1 Visa in July 2007.  He came to the U.S. for business training, and his J-1 visa made him subject to the two-year foreign resident requirement.

In June 2012, our client married his U.S. Citizen wife and he wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, he had to obtain a waiver first.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office contacted the Indonesian Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Indonesian passport, and a copy of Form DS-3035.

On July 10, 2012 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a marriage based adjustment of status application but for the waiver.

The Indonesian Embassy eventually 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 then issued a receipt and an I-612 approval notice on November 19, 2012.  Now that our client’s two-year foreign residency requirement is waived, he can file for adjustment of status application with his wife’s I-130 petition.

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CASE: I-130 (Response to Notice of Intent to Revoke)

CLIENT: US Citizen Petitioner; Cambodian Beneficiary

LOCATION: Petitioner: Cleveland, Ohio; Beneficiary: Cambodia

Our Chinese client contacted our office in the summer of 2011. He is a U.S. Citizen living in Cleveland, Ohio and sought legal assistance for his wife’s case in Cambodia. When he contacted our office, his wife already had an immigrant visa interview at the U.S. Embassy in Cambodia.  However, her interview did not go well, and the Embassy returned the petition to the USCIS for further review and action on November 1, 2011.  Eventually, the USCIS, based on a request from the U.S. Embassy in Phnom Penh, Cambodia, issued a Notice of intent to revoke his I-130 petition on September 7, 2012.

Our client married his Cambodian citizen wife back in May 2010. Our client met his wife through his sister in March 2010.  Once he married, our client filed an I-130 petition for his wife in June 2010.  On February 7, 2011, the Director of the California Service Center approved the I-130 petition and his wife was eventually interviewed at the U.S. Embassy in Phnom Penh, Cambodia. However, the U.S. Embassy denied her immigrant visa application, and the approved I-130 petition was subsequently returned to the California Service Center by the Department of State for further review and action, and as stated above, the USCIS then issued a Notice of Intent to Revoke.

After our office was retained, we filed a Response to Intent to Revoke on October 3, 2012 with the USCIS California Service Center. Over 200 pages of documents and 20 exhibits were submitted in our response.

In our response brief, we rebutted each and every question that was raised by the USCIS regarding the bona fide nature of our client’s marriage to his wife in Cambodia. As a result, on November 15, 2012, the USCIS determined that they will not revoke our client’s I-130 petition.

Now, after the reaffirmation of the I-130 petition, our client’s wife will get her immigrant visa, and will be reunited with his husband after almost two years.

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CASE: Marriage-Based Green Card
CLIENT: Bahaman
LOCATION: Columbus, Ohio

Our client came to the United States in May 2008 with a B-2 visitor’s visa from the Bahamas. He married a U.S. Citizen in July 2008.  Even after his authorized stay period expired in November 2008, our client has remained in the United States.

Our client retained our office on February 24, 2012 for his petition and adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application on July 13, 2012. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients through conference call.  On November 16, 2012, our client was interviewed at the Columbus, Ohio USCIS office.  On the same day, his green card application was approved.

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CASE: I-485 approval based on approved I-140 petition (EB-1C Category: Executives and Managers of Multinational Organizations)
EMPLOYER: Multinational Tire Corporation
BENEFICIARY: Korean
LOCATION: Akron, Ohio

Our client is a vice president of a multinational tire corporation in Ohio. He is from Korea, and has worked for its parent company for 24 years in positions of increasing responsibility including that of team manager. He came to the United States in July 2011 with an E-2 visa to work for the current petitioner company (wholly-owned subsidiary of his previous employer). He contacted our firm in December 2011, and discussed with us his chances of getting a green card. Based on our client’s educational and professional background and his current position at the worksite, our office determined that he was clearly eligible for the EB-1C classification for his I-140 petition. Our client eventually retained us for his I-140 and subsequent I-485 adjustment of status application on December 15, 2011.

As our previous success story states, our office prepared and filed the I-140 petition for this client under EB-1C (Executives and Managers of Multinational Organizations) category.

On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), an organization chart, and a dispatch order. Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in South Korea. The evidence included a copy of the certificate of ownership, a copy of the articles of incorporation, a copy of the business registration certificate, a copy of the approval for overseas investment, a copy of the annual report and consolidated financial statements. The I-140 Petition was filed on March 15, 2012. On June 1, 2012, the I-140 was approved with no Requests for Evidence.

Once the I-140 was approved, On August 9, 2012, our office filed an I-485 adjustment of status application for our client and his derivative family members. Everything went smoothly and the receipt notices and fingerprint appointment came on time.  On October 19, 2012, the USCIS Nebraska Service Center approved our client’s adjustment of status application.  On November 16, 2012, the CIS approved our client’s derivative family members’ adjustment of status applications as well.

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CASE: Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition
CLIENT: Chinese
LOCATION: Cleveland, Ohio (EOIR) / Columbus, Ohio (USCIS)

Our client is a Chinese citizen who came to the U.S. on a B-2 Visitor’s Visa in June 2010.  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 San Francisco Immigration Court in California.

Our client married his second husband in December 2011 in Columbus Ohio. She initially contacted our office for a Change of Venue to Cleveland.  She retained our office on October 20, 2011.  We then filed a Motion for Change of Venue from San Francisco 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 December 9, 2011. 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 April 11, 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 June 19, 2012 at the Columbus USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his husband for the interview. Attorney JP Sarmiento also accompanied them at their interview. The interview lasted one hour, our clients were separated, but the I-130 petition was eventually approved on the same day.

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 August 15, 2012.

After her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on September 4, 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 phone.

On November 15, 2012, our client was interviewed at the Baltimore CIS office. Our client was fully prepared and the interview went well.  On the same day, her green card application was approved.

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CASE: Change of Status from F-1 to E-1 Derivative
CLIENT: Korean
LOCATION: Dayton, Ohio

Our client was a F-1 student and had an OPT when she contacted our office. In July of this year, she married an E-1 visa holder who worked in the Dayton Ohio area. Rather than remaining an F-1 visa holder, our client wanted to change her status from F-1 to E-1. E derivatives can apply for a work permit, and maintain it as long as your spouse maintains status.

As a family dependent of an E-1 visa holder, our client can change status from F-1 to E-1 derivative.

Our firm was retained and on September 6, 2012, and we filed our client’s I-539 with all supporting documents to the USCIS in Dallas on September 17, 2012. There were no requests for evidence. On November 8, 2012, the Change of Status was approved. Our client is now on E-1 and is with her husband in Dayton, Ohio. She can now file and will get a work permit.

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CASE: Termination of Removal Proceedings Based on Approved I-130 Petition
CLIENT: Indonesian
LOCATION: Cleveland, Ohio

Our client came to the U.S. on a valid B-2 visa from Indonesia in March 2003. He later filed for asylum but was denied by the Immigration Judge in May 2010. Our client subsequently filed a timely appeal with the Board of Immigration Appeals (BIA), but the BIA also dismissed the appeal on October 21, 2011. In December 2011, our client married his U.S. Citizen wife and through our office, filed an I-130 petition on January 3, 2012. After we obtained the I-130 receipt notice, 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’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. Now, he can file his I-485 adjustment of status application to USCIS for his green card.

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CASE: I-140 / I-907 (Premium Processing)
ISSUE: Had to get the I-140 Approved to Be Eligible for 3-Yr H-1B Extension
EMPLOYER: Molded Component Manufacturer
BENEFICIARY: British Engineering Manager
LOCATION: Cleveland, OH

Our client is an engineering manager from the United Kingdom, who is currently working at a molded component manufacturing company in the greater Cleveland area. The company/petitioner was willing to petition him for a green card, in the second-preference category (EB2).

Our client has a Bachelor’s degree and has more than 5 years of related work experience. He has maintained his status as an H-1B visa holder in the United States. The issue is that he can only renew his H-1B after an I-140 petition is approved.

After talking to our client, our firm advised that his potential employer can petition him as an Engineering Manager, specifically, Liquid Injection Molding (LIM) Process Engineering Manager.

Prior to filing the PERM labor certification application, 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. As mentioned on our previous success story, we filed the PERM labor certification application for our client on August 8, 2012. Two months later, on October 10, 2012, the PERM labor certification was approved. There were no audits in this application. Our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. 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 October 31, 2012 via premium processing. On November 8, 2012, in only eight days, the I-140 EB2 for our British client was approved.

Now, not only can he file for a green card (could have been filed simultaneously, but priority dates were not current back in October), but he is also eligible for an H-1B 3 year extension.

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CASE: I-485 / I-140 (National Interest Waiver)
NATIONALITY: Korean
LOCATION: Ohio

Our South Korean client came to the U.S. on a J-1 Visa in August 2008. He was here for a NASA research fellowship, but his J-1 program made him subject to the two-year foreign residency requirement. He retained our office for his J-1 waiver, I-140 National Interest Waiver Classification (NIW) and I-485 Adjustment of Status applications.

We got his J-1 waiver approved on February 6, 2012, details of which are in a previous success story. Afterwards, we started working on his NIW application. Our client is a researcher and scientist in the field of Aerospace Science and Engineering, and is currently working as a research specialist at NASA. Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. The NIW is beneficial because one would not need an employer nor family member to petition for you.

As a primer, NIW applicants must have a master’s or higher degree. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 19-page brief for our client’s NIW filing. We asked our client to obtain 10 or more letters of recommendation. Our office also included his publication records, presentation records, and conference materials. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 64 exhibits (Exhibit A to LLL). Our office filed his I-140(NIW) petition with the USCIS on April 6, 2012. On September 7, 2012, the USCIS approved his I-140 petition without any Requests for Evidence.

When we filed our client’s I-140 (NIW) application, we concurrently filed an I-485 adjustment of status application for our client and his wife. Everything went smoothly and the receipt notices and fingerprint appointment came on time. While our client was waiting for the adjudication of his I-140, our client received his work permit and travel permit from the USCIS on June 4, 2012.

Eventually, on November 8, 2012, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Our client’s wife also received the I-485 approval as a derivative applicant of this case. They are now both green card holders.

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CASE: Marriage-Based Green Card
CLIENT: Korean
LOCATION:Ohio

Our client came to theUnited Statesin 2010 with an F-1 student visa fromSouth Koreato study in theUnited States. He married a U.S. Citizen in December 2011 and retained our office on January 26, 2012 for his petition and adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application on February 24, 2012. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence. Prior to the interview, we thoroughly prepared our clients at our office. On May 15, 2012, our client was interviewed at theCleveland,OhioUSCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. On November 5, 2012, his green card application was approved.

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