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Post image for Despite Visa Waiver Transit Entry, I-130 and I-485 Green Card Marriage Approval for Lithuanian Client in Columbus Ohio

Case: I-130/I-485

Applicant/Beneficiary – Lithuanian

Location: Columbus, OH

Our client entered the United States in April 2013 from Lithuania under the visa waiver program. She had a transit stamp on the passport though 90 days was given. While her flight was delayed, she spoke with a close friend and decided to stay in the US.

As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days, as was stamped on her passport.

Later, in May 2014, our client married her U.S. citizen boyfriend. However, her authorized stay had elapsed. Our client and her husband contacted our office, and they retained us on May 30, 2014.

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. Another issue also was the “transit” note there (which also conflicted with the 90 day handwritten date provided on the stamp).

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.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on June 26, 2014.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients. On September 11, 2014, our client was interviewed at the Columbus, Ohio USCIS Field Office.  Despite the visa waiver 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 Naturalization and Citizenship N400 Approval for Filipino Client in Cleveland Ohio

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Cleveland, Ohio

Our client contacted us in June 2014 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in March 1999. He retained our office for his naturalization and citizenship N-400 application on June 9, 2014.

The N-400 application was filed on June 25, 2014 with all supporting documents. Our office prepared him before his naturalization interview in our office. On September 2, 2014, our client appeared for his N-400 interview at the Cleveland CIS office. 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 naturalization application was approved on September 9, 2014. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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Post image for H-1B Extension Approval for Engineering Company Petitioner, Radio Frequency / Electrical Engineer Taiwanese Beneficiary in Columbus Ohio

CASE: H-1B Extension
PETITIONER:  Engineering Company
BENEFICIARY: Taiwanese Radio Frequency / Electrical Engineer

Our client is an engineering company that specializes in RFID (Radio Frequency Identification Technology) solutions.  Our client’s office is located near Columbus, Ohio.  They contacted our office in mid-June to seek legal assistance from our office for their foreign employee’s H-1B Extension.  The beneficiary obtained his Bachelor’s degree in Electrical Engineering in Taiwan and completed his Master’s program in the United States. The proffered position for the Beneficiary is a radio frequency / electrical engineer which we argued qualifies as a specialty occupation.  He 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 July 8, 2014 via regular processing. Eventually, without any RFE, our client’s H-1B extension was approved on August 28, 2014. Now the Beneficiary can continue for the Petitioner on an H-1B status until September 28, 2017.

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Post image for EB2 Green Card Approval for Indian Senior Oracle Applications Developer in Cleveland, OH

CASE: I-485 based on Approved I-140 (EB-2)

APPLICANT: Indian

 LOCATION: Cleveland, OH

Our client is a Senior Oracle Applications Developer from India, who is currently working at a large chemical company who was willing to petition him for a second-preference petition (I-140).  He has maintained his status as an H-1B visa holder in the United States.  He had an approved I-140 petition which was filed by his current employer and this I-140 petition’s priority date was November 19, 2008.

In February 2012, his priority date became current. He contacted our office and retained us for his and his wife’s I-485 adjustment of status applications. Our office filed I-485 adjustment of status applications for our client on February 17, 2012. Everything went smoothly and the receipt notices and fingerprint appointment came on time. However, the EB-2 for Indian Nationals retrogressed.

Eventually, in August 2014, his priority date became current. On August 25, 2014, the USCIS Nebraska Service Center approved our client and his wife’s adjustment of status applications. They are now green card holders.

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

CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our Chinese client came to the United States on a F-1 student visa to pursue her graduate degree in 2010. She married a U.S. Citizen in February 2014 and retained our office on March 3, 2014 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on March 26, 2014.  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 as well. On August 19, 2014, our client was interviewed at the Cleveland, Ohio USCIS office.  Attorney JP Sarmiento from our office accompanied our clients as well. On the same day, her green card application was approved.

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Post image for DACA Deferred Action and Work Permit Approval for Ugandan Client in Toledo Ohio

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

APPLICANT / BENEFICIARY: Ugandan Client in Toledo, OH

The USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases (DACA). According to the USCIS Deferred Action Memorandum, 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 initially came to the United States in July 1989 on a valid F-2 visa as a derivative of an F-1 Student visa holder when she was only 3 years old.

As of June 15, 2012, our client was twenty-six (26) years old.

Our client also finished high school in the United States.

Also, since her last entry to the United States in July 1989, our client never left the United States.

She was physically present in the United States on June 15, 2012 and has continuously resided here since July of 1989.

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.

Accordingly, our client was eligible for this relief.

After she retained our office, we informed her of all supporting documents we would need. Our client sent us supporting documents that proved our client’s education, physical presence in the United States, and her 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 November 6, 2013, our office filed her I-821D and I-765 to the USCIS. Eventually, on July 31, 2014, the USCIS approved our client’s I-821D and I-765, good for two years.

Our client can now work and study in the United States lawfully.

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Post image for Green Card Approval Based on Approved I-360 VAWA (Spouse of Abusive USC) for Male Mexican Client in Ohio

CASE: I-485 Adjustment of Status based on approved I-360 Petition

NATIONALITY: Mexican

LOCATION: Ohio

Our Mexican client came to the U.S. in June, 2004. He entered the United States without admission and inspection and he has lived in Ohio since then.

In May 2012, he contacted our office to seek legal representation for his I-360 petition. According to his story, his marital life was tough and he eventually was abused by his spouse.  With his story and other evidence, our office determined that he would be eligible for I-360 self-petition as a spouse of an abusive U.S. citizen.

Our client experienced domestic violence and spousal abuse during his marriage. His wife physically and mentally abused our client throughout the years. Thus, we prepared and filed his I-360 petition, which included 21 exhibits and a detailed brief to the USCIS Vermont Service Center on July 19, 2012.

Despite our client’s thoroughly prepared I-360 application, in June 2013, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more documents to prove his good moral character. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on August 29, 2013.

Eventually, on October 7, 2013, the USCIS Vermont Service Center approved our client’s I-360 petition.

With the approved I-360 petition, our firm prepared and filed the Adjustment of Status Application on April 7, 2014.  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 all.

On June 26, 2014, our client was interviewed at the Columbus, OH USCIS.  Attorney Sung Hee (Glen) Yu accompanied our client as well. Eventually, on July 22, 2014, the USCIS approved our client’s adjustment of status application and issued a 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 February of 2013 regarding her I-751 application.

She is from the Philippines and married a U.S. citizen in September 2011. Through her marriage, she obtained a 2-year conditional green card in April of 2012.  Her conditional residency terminated in April 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 February 14, 2014 and our office prepared an I-751 application for our client with bona fide marriage documents.

On March 21, 2014, our office filed an I-751 application to the USCIS with joint bank statements, utility bills, insurance policies, joint lease, joint tax records and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later.  However, USCIS issued a Request for Evidence (RFE) on June 16, 2014.  The USCIS requested our client to submit more documentary evidence to prove the bona fide nature of her marriage with her husband. In response to the RFE, our office prepared the response and gathered more joint documentary evidence to demonstrate the bona fide nature of our client’s marriage with her husband during last two years. We filed the RFE response on July 3, 2014 to the USCIS.

Eventually, on July 23, 2014, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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Post image for I-130 and I-485 Marriage Based Petition and Adjustment of Status Green Card Approval for Korean Client in Los Angeles, CA

CASE: Marriage-Based Adjustment of Status

CLIENT: Korean

LOCATION: Los Angeles, CA

Our Korean client came to the United States on a F-1 student visa to pursue her law degree. Currently, she is working as a patent attorney in Los Angeles under her OPT program.

She married a U.S. Citizen in March 2014 and retained our office on March 18, 2014 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 1, 2014.  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 as well. On July 22, 2014, our client was interviewed at the Los Angeles, CA USCIS.  On the same day, her green card application was approved.

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Post image for I-130 I-485 Marriage Based Petition and Adjustment of Status Approval for Indonesian Client in Cleveland Ohio

CASE: Marriage-Based I-130 Petition and I-485 Adjustment of Status

CLIENT: Indonesian

LOCATION: Cleveland, OH

Our Indonesian client came to the United States on an H-2B visa in August 2006. Later, he married a U.S. Citizen in March 2014 and retained our office on April 8, 2014 for his adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 18, 2014.  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 in our office.

On July 17, 2014, our client was interviewed at the Cleveland, OH USCIS.  Attorney JP Sarmiento from our office accompanied them as well. On the same day, his green card application was approved.

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