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Success Stories
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From Our Clients
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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
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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 Green Card Approval for Visa Waiver Entrant Client from Belgium in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status
CLIENT: Belgian
LOCATION: Cleveland, OH

Our client came to the United States in October 2013 from Belgium under the visa waiver program. He came here to visit his U.S. Citizen girlfriend (now his wife). As a visa waiver entrant, he was only authorized to remain in the United States for only 90 days.

Within two weeks of his entry to the United States, our client and his U.S. citizen girlfriend got married. They were planning to move to the Netherlands, so he did not have any immigrant intent when he initially came to the United States. However, things changed, and they decided to settle in the United States, so he and his wife filed an I-130 petition and I-485 adjustment of status application in January 2014.

Nevertheless, our client was worried about the potential immigrant intent issue so they contacted our firm in early April of 2014 for preparation and accompaniment at his green card interview. He retained our office on April 8, 2014. Prior to the interview, we thoroughly prepared our client at our office. On April 17, 2014, our client was interviewed at the Cleveland USCIS.  We accompanied our client at his interview as well.  On the same day, his green card application was approved.

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Post image for Rebuttal to I-130 Notice of Intent to Revoke Approved, I-130 on Marriage Reaffirmed, for Honduran Beneficiary and Petitioner from Ohio

CASE: I-130 (Response to Notice of Intent to Revoke)

CLIENT: US Citizen Petitioner; Honduran Beneficiary

LOCATION: Petitioner: Cleveland, Ohio; Beneficiary: Honduras

Our client contacted our office in late January of this year. He is a U.S. Citizen living in Cleveland, Ohio and sought legal assistance for his wife’s case in Honduras. When he contacted our office, his wife already had an immigrant visa interview twice at the U.S. Embassy in Honduras.  However, her interview did not go well, and the Embassy returned the petition to the USCIS for further review and action on January 15, 2014.  Eventually, the USCIS, based on a request from the U.S. Embassy in Tegucigalpa, Honduras, issued a Notice of intent to revoke his I-130 petition on January 24, 2014.

Our client married his Honduran citizen wife back in June 2012. Our client then filed an I-130 petition for his wife in September 2012.  On December 20, 2012, the USCIS approved the I-130 petition and his wife was eventually interviewed at the U.S. Embassy in Tegucigalpa, Honduras. However, the U.S. Embassy denied her immigrant visa application, and the approved I-130 petition was subsequently returned to the National Visa 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 February 7, 2014 with the USCIS Cleveland Field Office. Over 75 pages of documents and 7 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 Honduras. As a result, on April 9, 2014, the USCIS determined that they will not revoke our client’s I-130 petition.

Now that the CIS has reaffirmed 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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Post image for R-1 Religious Worker Visa Approval for Chinese Pianist Beneficiary, Petitioner Christian Church in Ohio

CASE: R-1 Religious Visa Petition

PETITIONER: Christian Church in Ohio

BENEFICIARY: Chinese Director of Music Performance

Our client is an F-1 student from China who is currently pursuing his DMA (Doctor of Music) degree. He contacted our office in October 2013 for his R-1 visa petition.

The R-1 religious worker visa allows ministers and others with a traditional religious occupation or vocation to work in the United States for a maximum five-year stay. By law, the requirements for an R-1 visa petition are the following:

  • The R-1 sponsoring organization is a bona fide religious organization with a 501(c)(3) tax-exempt status, either by itself or through a group ruling. If the sponsoring organization was not granted tax-exempt status as a religious organization, it must be affiliated with a religious denomination;
  • The R-1 visa applicant must have belonged to the religious denomination of the organization for at least two years;
  • The applicant must be coming to work for at least 20 hours a week on average for the petitioner.

Our client’s position is Director of Music Performance. Although he is not a minister, our argument was that he is still eligible to file his R-1 visa petition because his job position falls under the definition of “Religious Occupations.”

According to 8 C.F.R. Section 214.2(r)(2), a religious occupation is an activity which relates to a traditional religious function, e.g., “cantors, liturgical workers, translators, religious broadcasters, workers in religious hospitals, but not if they are performing lay work.”  Our client will not perform lay work, and his job duties are more akin to the “cantor” example in the regulations as he is an essential part of the musical department of the petitioner church.

Our client has also belonged in the religious denomination of the organization for more than two years. He has worked as a pianist and church organist for the last two years as well.

After retention, our office prepared his R-1 visa application extensively. We included documents regarding the petitioner church (including IRS Tax exemption letter, denomination determination letter, church’s weekly bulletin and church constitution), employment contract with detailed job descriptions, and documents regarding beneficiary’s qualification.

We filed the R-1 visa petition with various supporting documents on January 22, 2014.

Eventually, our client’s R-1 Visa application was approved on April 4, 2014 without any requests for evidence. Now the Beneficiary can work for the Petitioner on an R-1 visa status until October 2016.

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Post image for Green Card Marriage Approval Despite Visa Waiver Entry and Potential Immigrant Intent Issues for French Client in Cleveland Ohio

Case: I-130/I-485

Applicant/Beneficiary – French

Location: Cleveland, OH

Our client entered the United States in November 2013 from France under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now husband). As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.

Less than a month after her entry, in late November 2013, our client and her U.S. citizen boyfriend got married in the United States.

Afterwards, she contacted our office, and they retained us.

One main issue in her green card application through marriage was the fact that she came to the United States under the visa waiver program.  Under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Another potential issue was immigrant intent. When someone comes on a non-immigrant status or visa waiver, there shouldn’t be any intent on that entry to apply for adjustment of status. In their case though, despite the marriage, at that point they weren’t set on actually living in the United States. Thus, there was no immigrant intent upon entry.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on December 26, 2013.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized period of stay expired. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared our clients.

On April 10, 2014, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  We accompanied them at the interview as well.  Despite the visa waiver and potential immigrant intent issue, on the same day, the USCIS approved her green card application.  Now, our client is a green card holder.

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Post image for I751 Approval for Russian Client in Cleveland, OH with Waiver of Joint Filing Requirement due to Divorce

CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Russian

LOCATION: Cleveland, Ohio

Our client contacted our office in early February of 2013 regarding her potential I-751 filing. She came to the United States as an F-1 student from Russia and she married a U.S. citizen (her ex-husband) in December 2010.

Through her marriage, she was able to obtain a 2-year conditional green card in July of 2011. Thus, her conditional residency terminated in July 2013.

Unfortunately, their marriage ended in February 2012. Our client experienced a lot of difficulties during her marriage with her ex-husband. Thus, our client could not file the I-751 application jointly with her ex-husband.

Our client’s case was tough because they got separated a few months after she got the green card. However, she had compelling reasons for getting separated and eventually divorced. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition. We focused on the supporting documents that she can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.

On March 19, 2013, our office filed the I-751 application with various supporting documents (over 18 exhibits and an affidavit over 5 pages) to demonstrate our client’s bona fide marriage with her ex-husband.  We also attached numerous notarized affidavits from our client’s friends.

However, on July 29, 2013, the USCIS issued a Request for Evidence (RFEs) to demonstrate the bona fideness of our client’s marriage with her ex-husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on September 30, 2013.

In October 2013, the USCIS scheduled an I-751 interview for our client.

Prior to the interview, our office thoroughly prepared our client at our office and informed them of potential issues at the interview.

On November 14, 2013, our client was interviewed for her I-751 application at the USCIS Cleveland, OH Field Office.  Attorney Glen Sung Hee Yu from our office accompanied our client.  The interview was very extensive.  Nevertheless, the USCIS approved our client’s I-751 application on April 10, 2014. Now, she has her ten-year green card.

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Post image for I-751 Removal of Conditions Approval for Filipina Client in Cleveland Ohio

CASE: I-751

APPLICANT: Filipina

LOCATION: Cleveland, Ohio

Our client contacted our office in early October 2013 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in October 2011. Through her marriage, she obtained a 2-year conditional green card in January 2012.  Her conditional residency terminated in January 2014.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office again on October 13, 2013 and our office prepared an I-751 application for our client with other supplemental exhibits.

On October 30, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

After the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on March 15, 2014, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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Post image for Marriage to US Citizen F2A to IR Green Card Approval for Indian Client in Cleveland Ohio

CASE: Marriage to US Citizen Green Card

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India. Currently, she is working for her employer under an H-1B visa.  Later, she married her current husband, who was a green card holder at the time of filing, in September 2012.

Our client retained our office in the middle of September 2013 for her I-130 petition and I-485 adjustment of status application. Although the Petitioner was a green card holder, we could file the I-130 / I-485 simultaneously at that time because the priority date for the F2A category was current in August and September 2013.

Our office prepared and filed an I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on September 26, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

While her green card application was pending, our client’s husband took his naturalization test and interview in February 2014.  Prior to the interview, we thoroughly prepared our clients at our office. On February 6, 2014, our client was interviewed at the Cleveland, Ohio USCIS office.

The interview went well, however, our client’s green card application could not be adjudicated because of the retrogression of priority dates.

On February 21, 2014, our client’s husband finally took his oath and became a naturalized U.S. citizen. After the ceremony, our client’s husband gave us a copy of his naturalization certificate which our office eventually submitted to the USCIS office on the same day.

By doing this, our client’s case was upgraded from the F2A category to Immediate Relative, which has available immigrant visa numbers all the time. Eventually, on February 27, 2014, the USCIS approved our client’s green card application.

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Post image for Approved I485 on Approved I140 NIW National Interest Waiver for Korean Material Scientist in Cleveland Ohio

CASE: I-485 (National Interest Waiver)

CLIENT: Korean

LOCATION: Cleveland, Ohio

Our client contacted us in April 2012 regarding the possibility of doing a National Interest Waiver self-petition for him. He is a post-doctorate researcher and scientist in the field of Material Science / Engineering, and is currently working as a post-doctorate researcher in an academic institution in Cleveland, Ohio.

His significant contributions have placed him at the pinnacle of the field of material science and engineering. He is a leading scientist with an excellent reputation in alloy design, especially in titanium alloys which are promising structural and functional materials for the next generation. Our client successfully brazed Ti alloys which are mostly used in aerospace and chemical applications. Successfully joining of titanium alloys is of great importance to national defense. He also developed very low-melting Ti-based filler alloys for Ti alloys. Lower brazing temperature would ensure lower risk of damaging aerospace components during processing.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

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 23-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, patents, presentation records, and conference materials in the NIW application. 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 58 exhibits.

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on November 8, 2012. Eventually, on November 14, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition.

While his I-140 was pending, we filed an I-485 adjustment of status application for our client on November 6, 2013. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on February 21, 2014, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, our client is a green card holder.

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Post image for Cap Exempt to Non Cap Exempt H1B Change of Employer Approval for Industrial Material Company and Chinese Industrial Material Research Scientist in Ohio

CASE: H-1B Change of Employer (Cap Exempt to Non Cap Exempt)

PETITIONER: Industrial Material Company

BENEFICIARY: Chinese Industrial Material Research Scientist

LOCATION: Ohio

Our client is an industrial material company focused on the production and commercialization of high-performance / non-immunogenic biomaterials for use in the medial and consumer healthcare arenas. They are located in Wooster, Ohio. They contacted our office in early January 2014 to seek legal assistance from our office for their foreign employee. The beneficiary is from China and he obtained his Master’s degree in Plant Pathology in the United States. The proffered position for the Beneficiary is an industrial material research scientist which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Science/Engineering or its equivalent.

The foreign beneficiary in this case already had his H-1B visa from his previous employer.  However, his H-1B visa was not yet expired, and he wanted to extend his H-1B status on a change of employer basis. His H-1B at that time was with his first petitioner, which was a cap-exempt organization – a university.

There were articles online noting that when a change of employer is done from a cap-exempt organization to a non cap-exempt organization, that the change of employer may be subject to the cap. But there was no specific law on that. We simply based the application on the fact that it was a change of employer, and thus the petition should be exempted from the annual cap of the H-1B.

Once retained, our office filed the H-1B visa petition with various supporting documents on January 29, 2014 via regular processing.  Since this petition was based on a change of employer, we argued that this petition was exempt from the annual cap of the H-1B.  Thus, we could file prior to April 1.

There were no Requests for Evidence during the processing of the H-1B.  Our client did not even want to do premium processing. But in approximately two weeks, our client’s H-1B Petition was approved on February 14, 2014.  Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there for the next three years.

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Post image for Marriage to US Citizen Green Card Approval for Chinese Client in Cleveland Ohio

CASE: Marriage-Based Green Card

CLIENT: Chinese

LOCATION: Cleveland, Ohio

Our client came to the United States in May 2003 with a B-1 Visa from China. After his authorized stay expired, he remained in the United States. He married a U.S. Citizen in August 2013.  Our client retained our office for his I-130 petition and I-485 adjustment of status application on October 8, 2013. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on November 25, 2013. 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 February 14, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well.  On the same day, his green card application was approved.

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