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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
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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 Naturalization Approval for Former Canadian National in Cleveland Ohio

CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Canadian
LOCATION: Cleveland, Ohio

Our client came to the United States from Canada when she was 16 years. She came in as a permanent resident. Since then, she has studied and worked in the United States as a green card holder, but did not naturalize yet.  Our client contacted us in 2016; she retained our office for her naturalization application.  

Her N-400 application was filed on February 16, 2017 with all necessary supporting documents.   Our office prepared her before her interview, and also accompanied her on January 26, 2018 at the Cleveland CIS office.  Our client answered all questions correctly and passed her citizenship interview.  Eventually, her N-400 was approved on February 8, 2018. Her oath taking is scheduled soon in which she will be a U.S. Citizen.

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Post image for EB3 Green Card Approval for Korean Product Safety and Quality Assurance Director in Cleveland Ohio

CASE: Adjustment of Status (I-485) / I-140 (EB-3)
APPLICANT: Korean

LOCATION: Cleveland, OH

Our client is from South Korea, who is currently working in the U.S. on his H-1B status. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor of Chemical Engineering Degree and has worked for the current employer as a Product Safety / Quality Assurance Director. After talking to our client, our firm concluded that his employer can petition him as a Product Safety / Quality Assurance Director. Based on our client’s education and work background, our office determined that he is eligible for EB-3 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 February 5, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 5, 2016.  On August 1, 2016, we promptly filed PERM.  Eventually, on October 24, 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 a cover brief with the “ability to pay” argument 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 November 29, 2016 via premium processing service. Eventually, on December 5, 2016, the I-140 EB-3 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on November 9, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on February 13, 2018, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

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Post image for EB-3 I-140 Approval for Korean In-House Graphic and Web Design Specialist Beneficiary and Food and Restaurant Company Petitioner in Cleveland Ohio

CASE: I-140 (EB-3)

EMPLOYER: Food / Restaurant Company

BENEFICIARY: Korean In-House Graphic / Web Design Specialist

LOCATION: Cleveland, OH

Our client has a prospective employer that was willing to petition her for a third-preference petition (I-140).  Our client has a bachelor’s degree in graphic design in the United States and work experience. Based on our client’s education, professional and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in May 2016.

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 PW determination, our office filed the job order on November 4, 2016.  On April 7, 2017, we promptly filed PERM.

However, on August 22, 2017, 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 September 5, 2017.  Eventually, on December 11, 2017, 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 January 31, 2018 via premium processing service. Eventually, on February 12, 2018, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE). She can file an I-485 adjustment of status application for her green at any time since her priority dates are current.

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Post image for Nurse Practitioner EB-2 Schedule A I-140 Approval for Korean Nurse Practitioner Beneficiary and Hospital Petitioner in Cleveland Ohio

CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Hospital

BENEFICIARY: Korean Nurse Practitioner

LOCATION: Cleveland, Ohio

Our client is a certified nurse practitioner. Her current employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a certified nurse practitioner, 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 a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained on August 1, 2017, and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 18, 2018 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 January 29, 2018, the USCIS Nebraska Service Center issued the Request for Evidence (RFE) for our client’s I-140 petition. The USCIS requested our client to submit her official transcript. Our office immediately filed Response to RFE with our client’s official transcript. Eventually, on February 8, 2018, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Korean national is current for the EB-2 category, she is eligible to file her adjustment of status application now.

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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Filipina Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                      

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor’s visa in November 2016. Her J-1 program did not subject her to the 2-year foreign residency requirement (INA Section 212(e)).  In October 2017, our client married her current U.S. citizen husband.  Once she married, she 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 November 20, 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 at our office as well. On February 1, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

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Post image for I-130 Approved After Successful BIA Appeal Remand and Stokes Interview and for Sierra Leonean Client in Cleveland Ohio

CASE: I-130 / BIA Remand / Stokes Interview

CLIENT: Sierra Leone

LOCATION: Cleveland OH

Our client came from Sierra Leone in January 2011 as a visitor. She married her U.S. Citizen husband in September 2013. Her authorized stay period was expired at the time of her marriage. Due to her overstay, our client was placed in removal proceedings in December 2013.  She retained our office in January 2014 for legal assistance for her removal proceedings and I-130 filing.

Unfortunately, on November 5, 2015, the USCIS Cleveland office denied our client’s I-130 petition, after an almost three-hour Stokes interview. Before and at the interview, extensive evidence of bona fide marriage covering 2 years of marriage was submitted. The couple was able to answer a majority of the questions in the two and half hour interview, and the grounds and discrepancies relied upon by the USCIS in denying the I-130 compared to the majority and relevance of the correctly answered questioned together with the extensive evidence is relatively minor.

In response to this denial decision, our client timely filed a Notice of Appeal to the Board of Immigration Appeals from a decision of a USCIS officer on December 5, 2015 through the assistance of our office.  The BIA appeal was pending for a long time. Eventually, on July 8, 2016, the BIA found that a remand is warranted for our client’s case.  As a result, on September 26, 2017, our client and her U.S. Citizen husband appeared at the USCIS Cleveland Field Office for the I-130 follow-up interview after this case was remanded to the USCIS.

Even after the second interview, the I-130 was pending without any issuance of RFE or Notice of Intent to Deny. In the meanwhile, our client filed Motion for Continuance for her Master Calendar hearing appearance based on pending I-130 petition. The Cleveland Immigration Court kept granting our Motions. Nevertheless, the I-130 petition was still pending.

The USCIS Cleveland Field Office finally approved our client’s I-130 petition on January 23, 2018. Now, our client can file the adjustment of status application if the Immigration Court grants our Motion to Terminate without prejudice.

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Post image for South Korean J-1 Waiver No Objection Statement Approved for Researcher in Columbus Ohio

CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY: Korean

LOCATION: Columbus, OH

Our client is from South Korea who came to the U.S. on a J-1 Visa in 2010 to work as a researcher. Her J-1 program made her subject to the two-year foreign residence requirement. After her J-1 program was completed, she went back to South Korea and got her F-1 student visa. With her F-1 status, she finished her Ph.D. degree and started to work as a post-doctoral researcher. She retained our office to seek legal assistance for her I-140 (National Interest Waiver Classification) and I-485 Adjustment of Status applications. However, our client completely forgot about her J-1 status in the past and was not fulfilled the 2-year foreign residency requirement. Thus, before we file her I-485 application, she has to get a waiver for her two-year foreign residency requirement.

Once retained, our office promptly prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Chicago to pursue the waiver for our client.  The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On October 27, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file a National Interest Waiver petition and adjustment of status application.

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On December 22, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on January 19, 2018, the USCIS issued I-612 approval notice and waived our client’s 2 year foreign residency requirement.

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Post image for I-140 EB2 Approval for Korean Associate 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. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that her employer can petition her as an associate dentist. Based on our client’s education, professional and work background, our office determined that she is 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 February 10, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 16, 2017.  On August 4, 2017, we promptly filed PERM.  Eventually, on December 21, 2017, the PERM Labor Certification was approved – an EB2 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 January 11, 2018 via premium processing service. Eventually, on January 22, 2018, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

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Post image for Successful Renewal of DACA Deferred Action and Work Permit for Korean Client in Dayton Ohio

CASE: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization Document

APPLICANT / 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;

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.  Moreover, he was physically present in the United States on June 15, 2012 and has continuously resided in the United States since December, 2000.  Lastly, 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 this deferred action case. Eventually, he retained our office and we filed for the deferred action and his DACA was approved in November 2012. He retained us again in 2014 for his DACA renewal and it was extended until December 2017.

In September of 2017, he retained our office for the renewal of his DACA application again. Despite the elimination of the DACA program at that time, he was still eligible for the renewal. Our client 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 September 25, 2017, our office filed his I-821D and I-765 to the USCIS.  Eventually, on January 11, 2018, the USCIS approved our client’s I-821D and I-765. His DACA status is extended to January 2020.

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Post image for 601A Provisional Unlawful Presence Waiver Approved (Hardship) for Chinese Client in Cleveland Ohio

CASE:   I-601A Provisional Unlawful Presence Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Chinese

LOCATION: Cleveland, Ohio

Our client came to the United States from China in October 1999 without inspection and admission. He married his U.S. citizen wife in 2010. They have two U.S. citizen children together.  His U.S. Citizen wife filed an I-130 petition for him on August 26, 2016. This I-130 petition was approved on December 8, 2016.

Our client cannot file for adjustment of status application due to his ground of inadmissibility. He needed a waiver of inadmissibility to become a green card holder. Moreover, our client was placed in removal proceedings and he has a final order of removal in absentia. Nevertheless, his I-212 (permission to reapply for admission into the United States) was approved on July 21, 2017.

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 suffer from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  His wife has ongoing medical hardships and 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 children. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in China in case she joins 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 China, that our client has good employment in the United States, and that his U.S. citizen child and his wife will face extreme financial and emotional difficulties if he is removed.

On August 21, 2017, 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 her husband if she is removed from the United States. Eventually, without any RFE, her I-601A waiver was approved on December 19, 2017. Now, he can file packet 3 and 4 here in the United States, and would go to China shortly to get his immigrant visa.

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