slide
Success Stories
If you need help in any aspect of immigration law, feel free to contact our office. We invite you to view our success stories.
slide
From Our Clients
Please read our compiled reviews from the internet, from Google to AVVO, on what our clients have said about our firm.
slide
Marriage
One of the fastest and most common immigration cases are those based on marriage to a US Citizen.
slide
Family and Relative Immigration
From immigration of children, parents, siblings, to cases involving 245(i), CSPA, and the death of a petitioner, we are here to help.
slide
H-1B
H-1B petitions for employment in specialty occupations, from computer analysts, engineers, nurse managers, accountants, architects, doctors, feel free to contact us.
slide
Asylum
Past persecution or fear of future persecution on account of politics, race, religion, social group, or nationality. Let us guide you in the asylum application process.
Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Filipina Client in Jacksonville Florida

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                       

LOCATION: Jacksonville, FL

Our client is from the Philippines who came to the U.S. on a H-1B visa in December 2015. In November 2016, our client married her current U.S. citizen husband.  She retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 30, 2017.  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 via conference calls. On February 13, 2018, our client was interviewed at the Jacksonville Florida USCIS office. Eventually, on the same day of her interview, her green card application was approved.

{ 0 comments }

Post image for Adjustment of Status for Parents Based on I-130 by US Citizen Daughter Approved for Antiguan Client in New York

CASE: I-130 (Petition for Mother) and Adjustment of Status

CLIENT: Antiguan

LOCATION: New York

Our client retained us to petition for her mother for her green card. Our client’s mother came to the United States in 1987 with a B-2 visitor’s visa and remained in the United States. Our client was born in the United States in 1990. She contacted our office in November 2016 and discussed with us the green card process. After consultation, she retained our office on November 22, 2016.

Once retained, our firm prepared and filed the I-130 Petition and Adjustment of Status Applications on February 24, 2017 for her mother.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. Eventually, on January 27, 2018, our client’s mother’s adjustment of status applications was approved. Now, she is a green card holder.

{ 0 comments }

Post image for Same Sex LGBT Marriage Green Card Approval for Chinese Client in Cleveland Ohio

CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client came from China on an F-1 student visa. She has a same-sex U.S. Citizen spouse and they married in August 2017 in California.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law.

Our client contacted our office and retained us on September 15, 2017 for her I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on October 30, 2017. 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, 2018, our clients appeared at USCIS Cleveland Field Office for the interview. Attorney Sung Hee (Glen) Yu accompanied our clients as well. The interview went well and our client’s green card application was approved on February 14, 2018.

{ 0 comments }

Post image for Naturalization Approval for Former Canadian National in Cleveland Ohio

CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Canadian
LOCATION: Cleveland, Ohio

Our client came to the United States from Canada when she was 16 years. She came in as a permanent resident. Since then, she has studied and worked in the United States as a green card holder, but did not naturalize yet.  Our client contacted us in 2016; she retained our office for her naturalization application.  

Her N-400 application was filed on February 16, 2017 with all necessary supporting documents.   Our office prepared her before her interview, and also accompanied her on January 26, 2018 at the Cleveland CIS office.  Our client answered all questions correctly and passed her citizenship interview.  Eventually, her N-400 was approved on February 8, 2018. Her oath taking is scheduled soon in which she will be a U.S. Citizen.

{ 0 comments }

Post image for EB3 Green Card Approval for Korean Product Safety and Quality Assurance Director in Cleveland Ohio

CASE: Adjustment of Status (I-485) / I-140 (EB-3)
APPLICANT: Korean

LOCATION: Cleveland, OH

Our client is from South Korea, who is currently working in the U.S. on his H-1B status. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor of Chemical Engineering Degree and has worked for the current employer as a Product Safety / Quality Assurance Director. After talking to our client, our firm concluded that his employer can petition him as a Product Safety / Quality Assurance Director. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification.

Prior to filing PERM, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 5, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 5, 2016.  On August 1, 2016, we promptly filed PERM.  Eventually, on October 24, 2016, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary.

We then proceeded with the I-140 Petition filing. We submitted a cover brief with the “ability to pay” argument for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents. The I-140 Petition was filed on November 29, 2016 via premium processing service. Eventually, on December 5, 2016, the I-140 EB-3 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on November 9, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on February 13, 2018, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

{ 0 comments }

Filipino EB2 Nurse Manager Immigrant Visa Approved

by JP Sarmiento on February 14, 2018

Post image for Filipino EB2 Nurse Manager Immigrant Visa Approved

CASE: Immigrant Visa / I-140 (EB-2 Category) / Schedule A

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino Nurse Manager in the Philippines

LOCATION: Manila, Philippines

Our client is in the Philippines. His prospective employer-sponsor was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a master’s degree in nursing and years of experience as a registered nurse. He also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on July 6, 2017 via premium processing. We included a job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why the nurse manager position falls under a Schedule A and EB2 designation.

Eventually, on July 17, 2017, the USCIS Texas Service Center approved his EB-2 I-140 petition.

After the approval of the I-140 petition, our client retained us again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on September 13, 2017, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Philippines. On February 6, 2018, our client appeared at the U.S. Embassy in Manila, Philippines. Eventually, after the interview, the Immigrant Visa was issued for our client.

With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

{ 0 comments }

Post image for EB-3 I-140 Approval for Korean In-House Graphic and Web Design Specialist Beneficiary and Food and Restaurant Company Petitioner in Cleveland Ohio

CASE: I-140 (EB-3)

EMPLOYER: Food / Restaurant Company

BENEFICIARY: Korean In-House Graphic / Web Design Specialist

LOCATION: Cleveland, OH

Our client has a prospective employer that was willing to petition her for a third-preference petition (I-140).  Our client has a bachelor’s degree in graphic design in the United States and work experience. Based on our client’s education, professional and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in May 2016.

Prior to filing PERM, 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 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.  After we obtained the PW determination, our office filed the job order on November 4, 2016.  On April 7, 2017, we promptly filed PERM.

However, on August 22, 2017, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on September 5, 2017.  Eventually, on December 11, 2017, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary.

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, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on January 31, 2018 via premium processing service. Eventually, on February 12, 2018, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE). She can file an I-485 adjustment of status application for her green at any time since her priority dates are current.

{ 0 comments }

Post image for Nurse Practitioner EB-2 Schedule A I-140 Approval for Korean Nurse Practitioner Beneficiary and Hospital Petitioner in Cleveland Ohio

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

EMPLOYER: Hospital

BENEFICIARY: Korean Nurse Practitioner

LOCATION: Cleveland, Ohio

Our client is a certified nurse practitioner. Her current employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is 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 first going to the DOL for a labor certification. 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. The position of Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained on August 1, 2017, and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 18, 2018 via premium processing. We included the job offer letter, the notice of filing, employment letter, 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.  

However, on January 29, 2018, the USCIS Nebraska Service Center issued the Request for Evidence (RFE) for our client’s I-140 petition. The USCIS requested our client to submit her official transcript. Our office immediately filed Response to RFE with our client’s official transcript. Eventually, on February 8, 2018, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Korean national is current for the EB-2 category, she is eligible to file her adjustment of status application now.

{ 0 comments }

Post image for Thailand No Objection Statement J-1 Waiver Approval for Client in Dallas Texas

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

NATIONALITY: Thai

LOCATION: Dallas, TX

Our Thai client came to the U.S. on a J-1 Visa in November 1991, and his J-1 visa made him subject to the two-year foreign resident requirement. After completion of the J-1 program, he remained in the United States. His wife became a naturalized U.S. citizen, but our client could not file his adjustment of status application due to his two-year foreign residency requirement. He had to obtain a waiver first.

He contacted our office and retained our office in April 2017. After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Thai Embassy in the United States.  Our office contacted the Thai 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 several different documents including a statement of reason for the waiver, a notarized copy of the marriage certificate, a notarized copy of his US citizen Wife’s US passport Biographic Page, a notarized copy of his valid Thai passport, and a copy of Form DS-3035.

On May 15, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Thai 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 Thai Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On October 10, 2017, 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 January 29, 2018.  Now that our client’s two-year foreign residency requirement is waived, he can file an adjustment of status application with his wife’s I-130 petition.

{ 0 comments }

Post image for Nepalese J-1 Waiver No Objection Statement Approved for Client in Portland Oregon

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

NATIONALITY: Nepalese

LOCATION: Portland, OR

Our Nepalese client came to the U.S. on a J-1 exchange visitor’s visa for his research program. Thereafter, he changed his status from J-1 to O-1 to work in the United States. His employer intended to file an I-140 petition for him, and with the I-140 petition, our client plans to file adjustment of status application in the U.S.  However, his J-1 visa made him subject to the two-year foreign resident requirement. Due to the two-year foreign residency requirement, he had to obtain a waiver first before he can file an adjustment of status application.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Nepalese Embassy in the United States.  Our office contacted the Nepalese 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 numerous documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Nepalese passport, a copy of DS-2019, and a copy of Third Party Bar Code Page

On April 20, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Nepalese Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file an employment-based adjustment of status application but for the waiver.

The Nepalese Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On June 12, 2017, 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 January 31, 2018.

{ 0 comments }