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Post image for Fiancée Visa Approved for Ohioian Petitioner and Russian Beneficiary

CASE: Fiancée Visa

PETITIONER: US Citizen in Cleveland Ohio

BENEFICIARY: Russian

PETITION FILED: January 5, 2016

PETITION APPROVED: March 4, 2016

K-1 VISA APPROVED: May 10, 2016

Our client, a US Citizen Petitioner, met his Russian fiancée in Russia in 2014. They started their relationship in 2015 while he visited Russia again. His fiancée also visited the United States to see him in the summer of 2015. In October 2015, he proposed to her during his trip in Russia. After his proposal, he retained our firm to file a fiancée petition for her.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on November 25, 2015. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on January 5, 2016.

On March 4, 2016, less than two months of the filing, the I-129F fiancée petition was approved. On May 10, 2016, our client’s fiancée appeared at the U.S. Embassy in Moscow, Russia for her K-1 visa interview. The interview went well, and on the same day, the U.S. Embassy issued her K-1 visa.

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Post image for Despite Incorrectly Issued US Passport While Only a Permanent Resident, Naturalization and Citizenship N400 Approval for Filipina Client in Cleveland Ohio

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION:  Cleveland, OH

Our client contacted us in November 2015 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in May 2008 through her father. Her father became a naturalized citizen before she turned 18. When she went to the U.S. Embassy in the Philippines for her immigrant visa interview, she was told that she automatically became a U.S. citizen because her father became a citizen before she turned 18 (this was wrong because she had no physical presence in the US). Thus, two months after she entered the U.S., she applied for the U.S. passport. She obtained her approved U.S. passport, and thought from then that what she was told at the US Embassy was correct. The passport was actually incorrectly issued.

Later, she applied for an N-600 because she wanted to petition her husband and she needed a naturalization certificate, but it was denied. She was told she had to wait 5 years. So in 2013, she applied for an N-600 again, and she was denied one more time. During her N-600 interview, she explained her situation to the officer and so USCIS learned about the US passport situation. It was then that she was advised to do her N-400 application.

Our client’s N-600 application was denied because she was not a U.S. citizen. The automatic citizenship provision not only requires that her father be naturalized before she turns 18, but also that she be physically present in the US by that time. She did not know about this and she thought what she did was correct because her US passport application was approved. She was told at the U.S. Embassy in the Philippines that she is a U.S. citizen and she applied for her U.S. passport which was approved later.  

The issue in her case is the possibility of “false claim to US Citizenship”, which not only would get her citizenship case denied, but may also place her in deportation. Thus, it was important to thoroughly explain her situation so that fault won’t be attributed to her.

She retained our office on November 5, 2015. The N-400 application was filed on November 20, 2015 with all supporting documents. We included an extensive explanatory memo as well. Prior to her citizenship interview, our office prepared her at our office. On February 2, 2016, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney JP Sarmiento from our office accompanied our client and explained our client’s complicated situation to the CIS officer. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on April 25, 2016. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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Post image for H-1B Extension Approval for Culture Center Petitioner, Chinese Assistant Program Development Director Beneficiary in Cleveland, Ohio

CASE: H-1B Extension
PETITIONER:  Culture Center
BENEFICIARY: Chinese Assistant Program Development Director

Our client is a Culture Center in Ohio that offers after-school and weekend education programs for children and young students in the Greater Cleveland area. They contacted our office in April to seek legal assistance from our office for their foreign employee’s H-1B Extension.  The beneficiary is a Chinese who obtained her Bachelor’s Degree in Economics in China and also a MBA degree in the United States. The proffered position for the Beneficiary is an Assistant Program Development Director which we argued qualified as a specialty occupation.  She has been working for the Petitioner for the last three years on a valid H-1B visa.

After retention, our office filed the H-1B visa petition with various supporting documents on April 22, 2016 via premium processing. Eventually, without any RFE, our client’s H-1B application was approved on April 28, 2016. Now the Beneficiary can work for the Petitioner until 2019.

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Post image for I-130 and I-485 Marriage Based Petition and Adjustment of Status Green Card Approval for Filipina Client in Cincinnati Ohio

CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Cincinnati, OH

Our client came to the United States from the Philippines on an F-1 student visa in December 2014. She married a U.S. Citizen in December 2015 and 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 December 17, 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 via conference calls. On April 12, 2016, our client was interviewed at the Cincinnati, Ohio USCIS office. Eventually, on April 29, 2016, her green card application was approved.

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Post image for K-1 Fiancée Visa Approved for Filipina Beneficiary

CASE: Fiancée Visa

PETITIONER: US Citizen in Cleveland Ohio

BENEFICIARY: Filipina

PETITION FILED: August 13, 2015

PETITION APPROVED: September 8, 2015

K-1 VISA APPROVED: April 26, 2016

Our client, a US Citizen Petitioner, met his Filipina fiancée in the Philippines in 2011. They started their relationship, and he visited the Philippines. In 2014, he proposed to her during his trip in the Philippines. After his proposal, he retained our firm to file a fiancée petition for her.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on June 6, 2015. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on August 13, 2015.

On September 8, 2015, less than a month after the filing, the I-129F fiancée petition was approved. On April 16, 2016, our client’s fiancée appeared at the U.S. Embassy in Manila, Philippines for her K-1 visa interview. The interview went well, and on April 26, 2016, the U.S. Embassy issued her K-1 visa.

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Post image for Adjustment of Status Green Card Approval Based on K-1 Fiancé Visa for Ukrainian Client in Cleveland, Ohio

CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Ukrainian

LOCATION: Cleveland, OH

Our client came to the United States in December 2015 as a K-1 visa entrant from Ukraine.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you married the petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.

Our client contacted our office initially in the middle of January 2016 and consulted with us for her adjustment of status application. After retention, our firm prepared and filed the I-485 Adjustment of Status Application on January 29, 2016.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client.  On April 22, 2016, her green card application was approved.

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Post image for Change of Status J-1 to B-2 I-539 Approved for Filipina Client in Cleveland Ohio

CASE: Change of Status / I-539
NATIONALITY: Filipina
LOCATION: Cleveland, OH

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor visa to work at Holiday Inn as an intern. She consulted with our firm a few weeks before the expiration of her J-1 status. She wanted to continue to stay in the United States for six more months to spend more time here and to travel.  We explained to her that CIS has been more stringent on Visitor status change. Upon retention, we prepare a statement based on her plans if her change of status request is granted. We asked her to provide as much detail as possible as we drafted the statement. We made sure all addresses, contact information, and dates on her statement were complete and accurate. We made sure all her plans were supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence by the CIS.  Our office submitted financial documents from her parents in the Philippines as well. We filed the I-539 Change of Status Application on December 8, 2015 and her B-2 status extension was approved on April 4, 2016 with no Requests for Evidence.

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Post image for I-140 EB-3 Approval for Korean Taekwondo Coach Beneficiary and Taekwondo (Martial Arts) School Petitioner

CASE: PERM Labor Certification    
EMPLOYER: Taekwondo (Martial Arts) School
BENEFICIARY: Korean
LOCATION: Cleveland, Ohio

Our client is a former Taekwondo athlete, and currently studies in the United States. He had a Taekwondo school which was willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s degree in a related field. After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Coach. Based on our client’s education, professional and work background, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on January 20, 2015.

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 25, 2015, the prevailing wage request was filed.  After we obtained a foreign degree evaluation report, our office filed the job order on April 21, 2015.  On July 15, 2015, we filed PERM.  Eventually, on January 19, 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 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 April 8, 2016 via premium processing. Eventually, on April 13, 2016, the I-140 EB3 Petition for our Korean client was approved without any Requests for Evidence (RFE).

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Post image for Naturalization and Citizenship N400 Approval for Chinese Client in Cleveland Ohio

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION:  Cleveland, OH

Our client contacted us in August 2015 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from China and obtained her green card in December 2006 through her family petition. She retained our office on August 24, 2015.

The N-400 application was filed on September 17, 2015 with all supporting documents. Prior to her citizenship interview, our office prepared her in our office. On March 29, 2016, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on April 11, 2016. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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Post image for Green Card Approval Based on Approved I-130 F-1 Petition (Unmarried Adult Sons and Daughters of US Citizen) for Chinese Clients in Ohio

CASE: Adjustment of Status (I-485) based on First Preference Approved I-130
CLIENT: US Citizen Petitioner Mother; Chinese Beneficiary Daughter in Ohio
LOCATION: Cleveland, Ohio

 

Our client retained us to file her adjustment of status application (I-485) based on an approved I-130 petition which was filed for her by her US Citizen mother in February 2008. Our client is from China and has maintained her status in the United States. She was working as a controller under a valid H-1B status.

In October 2015, she was eligible to file her adjustment of status application. Our firm prepared and filed the I-485 adjustment of status application on October 23, 2015. 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 client at our office. On March 17, 2016, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client. The interview went well, and her application was approved on March 21, 2016. Now, she is a green card holder.

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