CASE: I-129F Fiancé Petition and Fiancé Visa

PETITIONER: US Citizen in Cleveland, OH

BENEFICIARY: Ukrainian

PETITION FILED: August 2, 2012

PETITION APPROVED: April 22, 2013

Our client, a US Citizen Petitioner, met her Ukrainian fiancé in Ukraine in 2010 and 2011. A few months after he came back to the States, he retained our firm to file a fiancé petition for her.

After consultation, we told him that the petition process may not be easy since they have a 30-year age gap, and due to his previous history of filing fiancé petitions.

So we thoroughly informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on June 18, 2012.

We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on August 2, 2012.

Despite the age gap, and the previous fiancé petitions, there were no requests for evidence, and eventually, on April 22, 2013, the I-129F fiancé petition was approved.

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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: 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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CASE: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization DocumentAPPLICANT / BENEFICIARY: Korean Client in Dayton, OH

As our office explained before on our website, the USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases.  According to the USCIS Deferred Action Memorandum issued in August 2012, an individual who meets the following criteria may apply for deferred action:

• Was under the age of 31 as of June 15, 2012;
• Came to the U.S. before reaching his/her 16th birthday;
• Has continuously resided in the U.S. since June 15, 2007, up to the present time;
• Was physically present in the U.S. on June 15, 2012, and at the time of application to the USCIS;
• Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
• Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
• Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;

Our client’s brother contacted our office immediately after he heard of this relief on the news.  His younger brother, our client, initially came to the United States in December 2000 with a valid B-2 visitors visa when he was only 8 years old.

As of June 15, 2012, our client was twenty (20) years old.   Also, our client was studying at a college in Dayton, Ohio. Our client went to grade school, middle school and graduated from high school in the United States.  Also, since his last entry to the United States in December 2000, our client never left the United States.

He was physically present in the United States on June 15, 2012 and has continuously resided here since December, 2000. Our client has never been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.  So, our client was clearly eligible for deferred action.

Our client retained us on August 21, 2012.  Once retained, we informed him of all supporting documents we would need.  Our client and his family members sent us supporting documents that prove our client’s education history, physical presence in the United States, and his initial entry to the United States.  Our office also prepared Form I-821D and I-765, and drafted a detailed cover letter demonstrating why our client should merit this relief.

On August 30, 2012, our office filed his I-821D and I-765 to the USCIS.  Our client went to the ASC Appointment (Biometric appointment) at the Cincinnati USCIS office on October 2, 2012.  On November 2, 2012, the USCIS approved our client’s I-821D and I-765.  It is good for two years, and our client can now work and study in the United States lawfully.

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