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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 April 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from China and obtained his green card in September 2007.

Once retained, his N-400 application was filed on April 16, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him. On August 29, 2016, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on September 1, 2016. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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Post image for 601A Provisional Hardship Waiver Approval for Guatemalan Client in Cleveland Ohio

CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Guatemalan

LOCATION: Cleveland, OH

Our client came to the United States from Guatemala in 2003 without inspection and admission. He married his U.S. citizen wife in 2007. With our firm’s legal assistance, his U.S. Citizen wife filed an I-130 petition for him in 2013. This I-130 petition was approved on July 1, 2014.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility (entry without inspection and admission). He needed 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 of 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’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 Guatemala 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 Guatemala, and that his U.S. citizen child and his wife will face extreme emotional difficulties if he is removed.

On March 11, 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 September 6, 2016. Now, he can file packet 3 and 4 here in the United States, and would go to Guatemala shortly to get his immigrant visa.

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

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

CLIENT: Filipina

LOCATION: Cleveland, OH

Our client came to the United States in January 2016 as a K-1 visa entrant from the Philippines.  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 your 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. She also has a minor child who came with her with valid K-2 visa.

Our client contacted our office initially in May 2016 and consulted with us for her and her child’s adjustment of status application. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Applications on May 6, 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 August 28, 2016, her green card application was finally approved. Her child (U.S. citizen’s step-child)’s adjustment of status application was also approved.

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Post image for Adjustment of Status Approval Based on K-1 Fiancé Petition for Nigerian Client in Cleveland, Ohio

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

CLIENT: Nigerian

LOCATION: Cleveland, OH

Our client, a US Citizen Petitioner, met her Nigerian fiancé in March 2007 in Nigeria.  Over time, they started their relationship, and she went to Spain multiple times in 2012 and in 2013 after her fiancé moved to Spain.  When she visited his fiancé in July 2012, her fiancé proposed to her. Months after his proposal, she retained our firm to file a fiancé petition for him.

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 October 14, 2013. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on November 26, 2013.

On February 4, 2014, the I-129F fiancé petition was approved. On June 20, 2014, our client’s fiancé appeared at the U.S. Embassy in Madrid, Spain for his K-1 visa interview. The interview went well, and on the same day, the U.S. Embassy issued his K-1 visa.

Later, her fiancé came to the United States in July 2014 as a K-1 visa entrant. By law, if you married your 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. They married in August 2014.

Our client and her husband retained our office again for his adjustment of status application. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on February 6, 2015.  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. Nevertheless, the USCIS scheduled an interview for our client. Prior to the interview, we thoroughly prepared our clients through conference calls. On May 10, 2016, our clients were interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. However, after the interview, the USCIS issued Request for Evidence for our client to submit more bona fide marital evidence. The response to RFE was filed timely.

Eventually, on August 23, 2016, his green card application was finally approved.

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Post image for I-140 EB3 Approval for Taiwanese Radio Frequency Identification Engineer Beneficiary and Engineering Company Petitioner in Columbus Ohio

CASE: I-140 (EB-3)

EMPLOYER: Engineering Company

BENEFICIARY: Taiwanese Radio Frequency Identification Engineer

LOCATION: Columbus, OH

Our client is currently working as a Radio Frequency Identification Engineer (RFID) whose current employer willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s and a master’s degree in a related field and working experience. He has been working for his current employer under H-1B status. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us in March 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 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 foreign degree evaluation report, our office filed the job order on August 31, 2015.  On November 11, 2015, we promptly filed PERM.

However, on April 14, 2016, 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 April 29, 2016.  

Eventually, on June 30, 2016, the PERM Labor Certification was approved – an EB3 position for the Taiwanese 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 August 22, 2016 via premium processing service. Eventually, on August 31, 2016, the I-140 EB-3 Petition for our Taiwanese client was approved without any Request for Evidence (RFE). Now, our client can file his I-485 adjustment of status application since his priority date is current.  

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Post image for I-140 EB2 Approval for Korean Dentist Beneficiary and Dental Group Petitioner in Cleveland Ohio

CASE: I-140 (EB-2)
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Korean Dentist

 

Our client is from South Korea, who is currently working in the United States as an associate dentist under H-1B status. His current employer is willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-2 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 September 29, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 10, 2015.  On March 1, 2016, we promptly filed PERM.  Eventually, on July 8, 2016, the PERM Labor Certification was approved – an EB2 position for the South 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 August 22, 2016 via premium processing service. Eventually, on August 29, 2016, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE). Our client can file his I-485 adjustment of status application once his priority date becomes current.

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Post image for I-130 and 485 Marriage Green Card Approval for Nigerian Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Cleveland, OH

Our client came to the United States in May 2011 on an F-1 Student visa from Nigeria. She married a U.S. Citizen in October 2014 and retained our office for her petition and adjustment of status application.

She also asked us to file her son’s (Petitioner’s step-son) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on January 29, 2016. 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 through conference calls. On August 18, 2016, our clients were interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. On August 23, 2016, our client and her son’s green card applications were approved.

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Post image for Fiancé Visa Petition Approved for Petitioner from Ohio and Beneficiary from Naples Italy

CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland Ohio

BENEFICIARY: Italian

PETITION FILED: February 16, 2016

PETITION APPROVED: April 18, 2016

K-1 VISA APPROVED: July 1, 2016

Our client, a US Citizen Petitioner, met her Italian fiancé in the airplane in 2013. They started their relationship, and she visited Italy.  They have lived together in Italy and have two kids together. However, they did not get married yet. In 2016, they decided to get married and our client decided to file a fiancé petition for her fiancé.  She retained our firm to file a fiancé petition for him on February 4, 2016.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on February 16, 2016.

On April 18, 2016, little after two months of filing, the I-129F fiancée petition was approved. On July 1, 2016, our client’s fiancé appeared at the U.S. Consulate in Naples, Italy for his K-1 visa interview. The interview went well, and on July 1, 2016, the U.S. Embassy issued his K-1 visa. After the issuance of K-1 visa, our client’s fiancé came to the United States. They married on August 11, 2016 in Cleveland, Ohio and our client’s husband filed I-485 adjustment of status application to get his green card.

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Post image for H-1B Approval for Dental Clinic Petitioner, Nepalese Dentist Beneficiary in Cleveland Ohio

CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Nepalese Dentist in Cleveland, OH

Our client is a dental clinic located in Cleveland, Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained her Doctor of Dental Surgery in the United States. Moreover, she is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate dentist which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2016 via regular processing service. This H-1B petition was selected after the lottery.

However, the USCIS issued Request for Evidence (RFE) on June 8, 2016 and requested beneficiary’s pay stubs during her OPT employment. Moreover, the USCIS asked Beneficiary to submit evidence to show whether she has maintained her non-immigrant status lawfully in the United States. Our office gathered the evidence from Beneficiary and submitted the Response to RFE to USCIS on June 22, 2016. Eventually, our client’s H-1B application was approved on August 24, 2016.

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Post image for O-1B Extraordinary Ability in the Arts Visa Approval for Korean Pianist in Columbus Ohio

CASE: I-129 (O-1B Petition)

CLIENT: Korean

LOCATION: Columbus, OH

Our client contacted us in May 2016 about the possibility of getting an O-1B visa in the United States. She is a renowned solo / collaborative pianist and is currently working with different performing groups and music establishments.  Our client was first place in several national competitions and had a chance to perform in Carnegie Hall in New York, one of the most prestigious musical venues in the world. She also performed in various distinguished musical groups, orchestras and bands.  Upon review of her credentials and qualifications, our office determined that she was qualified for the O-1B visa petition, alien of extraordinary ability in the Arts.

The regulation at 8 C.F.R. Section 214.2(o)(3)(iv) sets forth a multi-part analysis. First, a petitioner can demonstrate the beneficiary’s recognition in the field through evidence that the alien has been nominated for, or the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award. 8 C.F.R. Section 214.2(o)(3)(iv)(A).

If the petitioner does not submit this evidence, then a petitioner must submit sufficient qualifying evidence that satisfies at least three of the six categories of evidence listed below.

  1. Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
  2. Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
  3. Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
  4. A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
  5. Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
  6. A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.

After the review of our client’s credentials and qualifications, we determined that our client meets 4 of the 6 categories, which is more than 3 required as an alien of extraordinary ability in Arts. She performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation. She achieved national or international recognition for her achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publication. She performed and will perform in a critical role for distinguished music groups, musicians, and musical establishment, and she has received significant recognition for her musical, scholarly, and performance achievements from various experts in her field of endeavor.

Our office prepared a 21-page brief for our client’s O-1B filing. Our client also obtained 9 letters of recommendation from experts in her field of endeavor. Our office also included her performance records, awards, media coverage, scholarly achievements, and other materials to show that she is an alien of extraordinary ability in piano performance.  Also, our office contacted the American Guild of Musical Artists and obtained a consultation letter (Advisory Opinion Letter) for her case. Lastly, we included her contracts with various employers and itineraries.

Our office filed her I-129 (O-1B) petition to the USCIS California Service Center on June 29, 2016 via regular processing. In August, our client decided to upgrade her case to premium processing, so our office filed premium processing request to USCIS on August 9, 2016.  Eventually, on August 19, 2016, the USCIS California Service Center approved the I-129 petition for our client’s O-1B visa.

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