CASE: Marriage-Based Adjustment of Status
CLIENT: Zambian
LOCATION: Cheverly, MD 

Our client came to the United States in June 2001 with a J-1 Exchange Visitor visa from Zambia.  His J-1 visa was not subject to the two-year foreign residency requirement, so he could apply for adjustment of status in the United States without a waiver. After his J-1 program was completed, he remained in the United States.

He married a U.S. Citizen in February 2012 and retained our office on January 19, 2018 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 2, 2018.  Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared our client via conference calls. On November 19, 2018, our client was interviewed at the Baltimore, Maryland USCIS Field Office.

Though their interview went well, our client’s case remained pending without any Request for Evidence. Nevertheless, on December 30, 2019, the USCIS issued Request for Evidence for our client to submit his new I-693 medical record. Our client filed his response to RFE on January 7, 2020. Eventually, on January 14, 2020, his green card application was approved. 

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Zambian

LOCATION: Newburgh Heights, OH

Our client contacted us in July 2019 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Zambia and obtained his green card in November 2015 through his marriage to his current U.S. citizen wife. 

Upon retention, his N-400 application was filed on July 25, 2019 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On October 15, 2019, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on October 17, 2019. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Zambian

LOCATION: Cleveland, Ohio

Our client came to the United States from Zambia on a B-2 Visitor’s visa in May 2010. After his authorization of stay period expired, he remained in the United States.  He married a U.S. Citizen in July 2015 and retained our office for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 14, 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 in our office. On October 27, 2015, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on November 23, 2015, his green card application was approved.

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CASE: I-485 adjustment of status based on Approved I-140 (EB-2)

APPLICANT: Zambian Business Operating Manager

LOCATION: Texas

Our client is a business operating manager from Zambia, who used to work at a radio broadcasting company in Texas under his OPT program. While he was working there, the company was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Business Administration and has worked for this company for a year under the OPT program. Currently, our client is in F-2 status.

After talking to our client, our firm concluded that his potential employer can petition him as a Business Operating Manager. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that he is eligible for EB-2 classification.

Prior to filing the 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.

Within a week from our retention, the prevailing wage request was filed.  On January 9, 2014, we filed the PERM labor certification application.  Eventually, on June 23, 2014, the PERM labor certification was approved.

Once the PERM was certified, we then proceeded with the I-140 petition filing. Our office submitted the “ability to pay” letter for the I-140 petition application on July 11, 2014 via premium processing. We included the job offer letter, employer’s tax records, and other necessary supporting documents. However, on July 23, 2014, the USCIS Texas Service Center issued a Notice of Intent to Deny for our client’s I-140 petition. According to the Notice of Intent to Deny, the USCIS requested the Petitioner to prove “ability to pay” for beneficiary’s proposed salary. In response to that, our office showed the beneficiary’s previous pay stubs and demonstrated that his previous salary was over and above the prevailing wage for his proposed position. Our office filed Response to Notice of Intent to Deny including a 7-page brief and supporting evidence to overcome the CIS’ arguments on August 11, 2014.

Eventually, the USCIS approved the I-140 petition on August 15, 2014. Once the I-140 petition was approved, our client retained our office again for his and his family’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our client and his derivative family members on August 21, 2014. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

However, on April 20, 2015, the USCIS issued Request for Evidence for our client’s I-485 adjustment of status application. The USCIS requested our client to explain the connection between his OPT employment and the degree conferred to him in the United States. In response to the RFE, our office filed a response brief with his previous employer’s attestation regarding the job duties of our client. We filed the RFE response to the USCIS on May 13, 2015.

Eventually, on May 27, 2015, the USCIS Texas Service Center approved our client and his family members’ adjustment of status applications. Now, our client and his family finally are green card holders.

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CASE: EB-2 I-140 Petition / Response to Notice of Intent to Deny

EMPLOYER: Radio Broadcasting Company

BENEFICIARY: Zambian Business Operating Manager

LOCATION: Texas

Our client is a business operating manager from Zambia, who used to work at a radio broadcasting company in Texas under his OPT program. While he was working there, the company was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Business Administration and has worked for this company for a year under the OPT program. Currently, our client is in F-2 status. He could not continue working there since his OPT expired.

After talking to our client, our firm concluded that his potential employer can petition him as a Business Operating Manager. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that he is eligible for EB-2 classification.

Prior to filing the 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.

Within a week from our retention, the prevailing wage request was filed.  On January 9, 2014, we filed the PERM labor certification application.  Eventually, on June 23, 2014, the PERM labor certification was approved.

Once the PERM was certified, we then proceeded with the I-140 petition filing. Our office submitted an “ability to pay” letter for the I-140 petition application on July 11, 2014 via premium processing. We included the job offer letter, employer’s tax records, and other necessary supporting documents. However, on July 23, 2014, the USCIS Texas Service Center issued a Notice of Intent to Deny for our client’s I-140 petition. According to the Notice of Intent to Deny, the USCIS requested the Petitioner to prove “ability to pay” for beneficiary’s proposed salary. In response to that, our office showed the beneficiary’s previous pay stubs and demonstrated that his previous salary was over and above the prevailing wage for his proposed position. Our office filed a Response to Notice of Intent to Deny which included a 7-page brief and supporting evidence on August 11, 2014.

Eventually, the USCIS approved the I-140 petition on August 15, 2014. Now, with the approved EB-2 I-140 petition (priority date for EB2 Zambian nationals is current), our client can file his adjustment of status application at any time (he could have filed it simultaneously, but beneficiary wanted to make sure the I-140 was approved first).

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CASE: PERM Labor Certification

EMPLOYER: Radio Broadcasting Company

BENEFICIARY: Zambian Business Operating Manager

LOCATION: Texas

Our client is a business operating manager from Zambia, who used to work at a radio broadcasting company in Texas under his OPT program. While he was working there, the company was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Business Administration and has worked for this company for a year under the OPT program. Currently, our client is in F-2 status.

After talking to our client, our firm concluded that his potential employer can petition him as a Business Operating Manager. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that he is eligible for EB-2 classification.

Prior to filing the 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.

Within a week from our retention, the prevailing wage request was filed.  On January 9, 2014, we filed the PERM labor certification application.  Eventually, on June 23, 2014, the PERM labor certification was approved – an EB2 position for the Zambian Business Operating Manager. Now our client can file the I-140 Petition and the I-485 green card application since his priority date is current.

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