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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.
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From Our Clients
Please read our compiled reviews from the internet, from Google to AVVO, on what our clients have said about our firm.
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Marriage
One of the fastest and most common immigration cases are those based on marriage to a US Citizen.
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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.
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H-1B
H-1B petitions for employment in specialty occupations, from computer analysts, engineers, nurse managers, accountants, architects, doctors, feel free to contact us.
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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 Korean Client in Buffalo New York

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Korean                                                                                                        

LOCATION: Buffalo, NY

Our client is from South Korea who came to the U.S. on F-1 student’s visa in 2013 to pursue her Ph.D. studies. In June 2017, our client married her current U.S. citizen husband.  She retained our office in June 2017 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 27, 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 via conference calls. On September 19, 2017, our client was interviewed at the Buffalo New York USCIS office. Eventually, on September 20, 2017, her green card application was approved.

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Post image for Social Group Asylum Approval for Saudi Arabian Client in Brooklyn New York

CASE: Asylum

CLIENT: Saudi Arabian

LOCATION: Bethpage NY Asylum Office

Our client retained us in July 2015 to help him with his asylum case. He is a Saudi Arabian living in New York. He was scared to go back home to Saudi Arabia, fearing that he will be persecuted on account of his social group.

We helped him prepare his asylum application, going over several drafts until his claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to his asylum claim were addressed. We also asked him to provide supporting documents corroborating his claim, some of which were letters from friends in the U.S. who were part of his social group. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution that members of his social group suffer in Saudi Arabia.

The asylum application was filed on August 26, 2015. On August 14, 2017, the CIS issued an interview notice for his asylum case, scheduled for August 31, 2017 in Bethpage, New York. Prior to his interview, our office prepared him thoroughly for his case, going over practice interviews by phone to make sure he is able to address questions the asylum officer would ask. On August 31, 2017, attorney Sung Hee (Glen) Yu from our office accompanied our client at his interview in Bethpage New York. The interview went well and our client was able to answer all questions accordingly. There were no requests for evidence prior to nor after the interview. Everything went smoothly.

On September 14, 2017, the CIS in Bethpage NY approved our client’s asylum case. He is now an asylee and will be eligible to apply for permanent resident status in one year. He also would obtain his work permit in about two weeks.

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Post image for J-1 No Objection Statement Waiver (Philippines) of Two-Year Foreign Residency Requirement Approved for Filipina Client in New York

CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: New York

Our client came from the Philippines on a J-1 in April 2015 to work as a visiting research fellow. According to her DS-2019, she was subject to the two-year foreign residency requirement.

In November 2016, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On December 23, 2016, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the New York State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in New York for further authentication.  On February 23, 2017, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On July 6, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on July 25, 2017, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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Post image for J2 IGA (Over 21) Waiver of Two-Year Foreign Residency Requirement, Interested Government Agency Approval for Chinese Client in New York

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: New York City, NY

Our client is a citizen of China who came to the U.S. on a J-2 Visa in October 1995.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After our client’s father’s J-1 program was completed, his family moved to Canada. Our client came back to the United States with an H-1B visa after he obtained his current employment in New York.

He turned 21 in 2001. He would like to get a waiver because he has an approved I-140 petition for him. However, because of his two-year foreign residency requirement, our client cannot file an adjustment of status application in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in November 2001.

Our firm was retained to do his J-2 waiver, and on May 17, 2017, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on June 9, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 27, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.

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Post image for Physical Therapist EB-2 Schedule A Green Card Approval for Taiwanese in Brooklyn New York

CASE: I-485 Adjustment of Status / Schedule A

APPLICANT: Taiwanese

LOCATION: Brooklyn, NY

Our client is a physical therapist. Her current employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a physical therapist, 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 Master’s degrees in Rehabilitation Science and is a licensed physical therapist in the State of New York. Our office was retained on February 22, 2016 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on June 24, 2016 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 July 7, 2016, the USCIS issued Request for Evidence (RFE) for her I-140 case. The USCIS requested our client’s employer to explain its multiple locations and our client’s potential place of employment. We filed the Response to RFE on August 11, 2016. Eventually, on August 24, 2016, the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

Once the I-140 petition was approved, our client retained our office again for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on October 3, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

However, on April 10, 2017, the USCIS issued a Request for Evidence (RFE) and requested our client to I-485 Supplement J document. Our office prepared and filed the Response to RFE along with Supplement J document to USCIS on May 10, 2017.

Eventually, on June 1, 2017, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, she finally is a green card holder.

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Post image for Immigrant Visa Approval After 601A Provisional Hardship Waiver Approval for Guyanese Client in Albany New York

CASE:   Immigrant Visa Approval / I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Guyanese

LOCATION: Albany, NY / Georgetown, Guyana

Our client came to the United States from Guyana in 2005 on a C1/D crew visa. He married his U.S. citizen wife in 2007.  Thereafter, his U.S. Citizen wife filed an I-130 petition for him in 2008. This I-130 petition was approved on November 23, 2009.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility (entry without inspection and admission as a crewman). He needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

In 2013, the USCIS announced a new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client filed I-601A application before with a different immigration counsel, but it was denied in October 2014. Nevertheless, he had since gathered more evidence, financial and medical, to have a stronger re-file case.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of hardship. Moreover, their U.S. citizen children suffer from great degree of medical hardships. Although their U.S. citizen children are not considered as “qualifying relatives” for the I-601A, we argued that children’s medical hardship is also hardship to our client’s U.S. citizen wife, by virtue of having to take care of them (children with medical / special needs) is an extreme hardship to her. In the I-601A brief and supporting documents, our office included extensive medical reports of his children.  We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  She would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their child. Also, it would be extremely difficult for her and their kids to get the same level of therapy and satisfactory access to medical services in Guyana in case they join our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Guyana, and that his U.S. citizen child and his wife will face extreme emotional difficulties if he is removed.

On April 28, 2016, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States. Eventually, his I-601A waiver was approved on October 13, 2016.

Once his I-601A waiver was approved, he retained our office again for his immigrant visa processing. Our office prepared and filed his immigrant visa application on December 5, 2016. Later, the U.S. Embassy in Guyana informed our office that they scheduled an immigrant visa interview for our client. Our client went back to Guyana to appear at his interview on May 3, 2017. On May 3, 2017, our client appeared at his immigrant visa interview at the Embassy, and the Consulate officer approved his immigrant visa on the same day.

 

Now, our client can come back to the United States with an approved immigrant visa and he will get his green card in a mail within two months of his entry to the United States.  

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Post image for J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency Approval for Korean Client in Ithaca New York

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Korean
LOCATION: Ithaca, New York

Our client is a citizen of South Korea who came to the U.S. on a J-2 Visa in August 2013.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work outl. Eventually, she got divorced from her ex-husband.  Before she divorced with her ex-husband, she changed her status from J-2 to F-1. However, she was still subject to the two-year foreign residency requirement.  Our client pursued her graduate studies in the United States, and wants to be petitioned by her prospective employer. Nevertheless, she cannot change her status to other non-immigrant visas in the United States because of the 2 year foreign residency requirement.

In March of this year, our client contacted our office. She retained our firm to do her J-2 waiver. On April 4, 2017, the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  Eventually, on April 24, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on May 3, 2017.

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Post image for H-1B Visa Extension Approval for Architectural Design Company and Turkish Architect in New York, NY

CASE: H-1B Extension

PETITIONER: Architectural Design Company

BENEFICIARY: Turkish Architect

LOCATION: New York, NY

Our client is an architectural design firm headquartered in New York City. They contacted our office in March 2017 to seek assistance from our office for their foreign employee’s H-1B extension. The beneficiary is from Turkey and he obtained his Bachelor’s and Master’s degree in architecture. The proffered position for the Beneficiary is architect which we argued qualifies as a specialty occupation. He got his H-1B status through our office’s help in 2014.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on March 24, 2017 via premium processing. We also gathered supporting documents from both the Petitioner and Beneficiary and did research on the industry, focusing on similarly sized businesses, to demonstrate that a bachelor’s degree is commonly required for this position.

Moreover, in our brief, our office argued that the degree requirement is common to this industry in parallel positions among similar organizations.  Also, we provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Architect.  Moreover, our office asserted that the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree in a specific specialty.

Eventually, our client’s H-1B application was approved by the USCIS Nebraska Service Center on March 28, 2017. He can work for his employer until May 2020.  

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Post image for J2 IGA (Over 21) Waiver of Two-Year Foreign Residency Requirement, Interested Government Agency Approval for Chinese Client in New York

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: New York, NY

Our client is a citizen of China who came to the U.S. on a J-2 Visa in November 1996.  She came with her father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After our client came to the United States, she was attending a school and her family moved back to Canada after her father’s research scholar period was ended. Our client came back to the United States in 2014.

She turned 21 in March 2009. This year, her employer wants to file an I-129 petition for our client’s H-1B visa. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in March 2009.

Our firm was retained to do his J-2 waiver, and on December 14, 2016, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on January 23, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On February 15, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.

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Post image for I-751 Removal of Conditions Approval for Indian Client in Long Island New York

CASE: I-751

APPLICANT: Indian

LOCATION: Long Island, NY

Our client contacted our office in January of 2016 regarding his I-751 application.

He is from India and he married a U.S. citizen in June 2013. Through his marriage, he obtained a 2-year conditional green card in March 2014.  His conditional residency was terminated in March 2016.

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 January 4, 2016 and our office prepared an I-751 application for our client with bona fide marriage evidence.

On January 11, 2016, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, a copy of birth certificate of their child, joint bank statements, joint tax records, utility bills, joint lease, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

There was no RFE issuance or interview request for our client’s I-751 application. As a result, on January 25, 2017, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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