CASE: I-485 Adjustment of Status / 245(k)

APPLICANT: Brazilian Registered Nurse

LOCATION: Kaneohe, HI

Our client is a registered nurse from Brazil licensed in the state of Hawaii. She came to the United States and worked for the petitioner in the United States on her OPT.  Her employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). 

Since she is a registered nurse, she is 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 Professional Nurses is included in Schedule A.

Our client has a nursing degree and has worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on April 4, 2019. We started with the Prevailing Wage Request.

We filed the I-140 application on October 1, 2019 via premium processing. We included the job offer letter, notice of filing, and other necessary supporting documents. The USCIS issued a Request for Evidence on October 9, 2019 and requested our client to submit the Petitioner’s financial record to show ability to pay. We filed the Response to RFE on December 11, 2019 and eventually, on December 21, 2019, the I-140 was approved. 

As we quoted for the green card part of the case, apparently our client’s I-20 was not extended and she has thus overstayed her visa status. However, this was less than 180 days. 

Section 245(k) of the Immigration and Nationality Act can render the normal bars to adjustment of status found in section 245(c)(2), (c)(7), and (c)(8) inapplicable to certain employment-based adjustment of status applicants who, since their last lawful admission to the United States have not, for an aggregate period of more than 180 days: 

1. Failed to maintain, continuously, a lawful status; 
2. Engaged in unauthorized employment; or 
3. Otherwise violated the terms and conditions of his or her admission

INA §245(k). 

An eligible derivative of an alien may benefit from section 245(k) in his or her own right if he or she has failed to maintain continuously a lawful status, worked without authorization, or otherwise violated the terms and conditions of his or her admission for an aggregate of 180 days or less pursuant to a lawful admission. 

(See page 2, Neufeld Memorandum July 14, 2008, “Applicability of section 245(k) to Certain Employment-Based Adjustment of Status Applications filed under Section 245(a). 

Our client has not accrued over 180 days of “failure to maintain lawful status” nor over 180 days of “unauthorized employment”, and as such, she was still eligible to adjust status based on the I-485 filing through INA 245(k).

On December 13, 2019, our office filed an I-485 adjustment of status application for our client and her husband along with her I-140 petition. Our office also submitted a detailed cover letter and we explained why our client was still eligible for adjustment of status through 245K despite her overstay.  Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On October 27, 2020, our client was interviewed at the Honolulu, HI USCIS office. Though the interview was thoroughly held, the interview went well; her I-485 application was approved by the USCIS on the same day of the interview.  

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CASE: Adjustment of Status / EB-1A
NATIONALITY: Brazilian
LOCATION: Glendale, CA

Our client is a citizen of Brazil who came to the U.S. on a J-2 Visa in September 2011.  He came with his wife (now, his ex-wife) who held a J-1 Visa as an exchange visitor.  Both were subject to the two-year foreign residency requirement. 

Unfortunately, he got divorced from his ex-wife in January 2019. Prior to their divorce, our client got an approved I-140 EB-1A self-petition. He wanted to file a waiver so that he can file an adjustment of status application once his priority date becomes current.

Our client contacted our office and retained our firm to do his J-2 waiver on June 13, 2019.  On June 28, 2019, the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  Eventually, on July 22, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued the I-612 waiver approval notice on August 7, 2019. 

Once the J-2 waiver 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 on November 19, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on August 13, 2020, the USCIS National Benefits Center approved our client’s adjustment of status application without an interview. Now he is a green card holder.

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Brazilian

LOCATION: Kaneohe, HI

Our client is a registered nurse from Brazil licensed in the state of Hawaii. She came to the United States and worked for the petitioner in the United States with her OPT status.  Her former employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). 

Since she is a registered nurse, she is 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 Professional Nurses is included in Schedule A.

Our client has a nursing degree and has worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on April 4, 2019 and started on her Prevailing Wage Request.

We filed the I-140 application on October 1, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, the USCIS issued Request for Evidence on October 9, 2019 and requested our client to submit the Petitioner’s financial record to show ability to pay the proffered wage for our client. We filed the Response to RFE on December 11, 2019 and eventually, on December 21, 2019, the I-140 was approved.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Brazilian
LOCATION: Glendale, CA

Our client is a citizen of Brazil who came to the U.S. on a J-2 Visa in September 2011.  He came with his wife (now, his ex-wife) who held a J-1 Visa as an exchange visitor.  Both were subject to the two-year foreign residency requirement. 

Unfortunately, while they are residing in the United States, his marriage did not work out well. Eventually, he got divorced from his ex-wife in January 2019 in Brazil. Prior to their divorce, our client got the approved I-140 EB-1A self-petition. He wanted to file the waiver so that he can file adjustment of status or immigrant visa once his priority date becomes current.

Our client contacted our office and retained our firm to do his J-2 waiver on June 13, 2019.  On June 28, 2019, the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  Eventually, on July 22, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on August 7, 2019.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Brazilian                                                                                               

LOCATION: Tallmadge, OH

Our client is from Brazil who came to the U.S. on a B-2 visitor’s visa in June 2018. In September 2018, our client married her current U.S. citizen husband.  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 October 31, 2018.  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. On April 23, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on May 7, 2019, her green card application was approved.

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CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland OH

BENEFICIARY: Brazilian

PETITION FILED: August 18, 2017

PETITION APPROVED: March 27, 2018

K-1 VISA APPROVED: August 21, 2018

Our client, a US Citizen Petitioner, met his fiancée in 2015. They started their relationship, and he visited Brazil for 15 days.  He went to Brazil again in 2016 and stayed there for 4 months with his fiancée. They decided to get married and our client decided to file a fiancé petition for his fiancée.  He retained our firm to file a fiancé petition for her on June 15, 2017.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on August 18, 2017.

On March 27, 2018, the I-129F fiancé petition was approved. On August 21, 2018, our client’s fiancée appeared at the U.S. Consulate General in San Paolo, Brazil for her K-1 visa interview. The interview went well, and after the interview, the U.S. Embassy issued her K-1 visa.

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CASE: I-751

APPLICANT: Brazilian

LOCATION: Cleveland, OH

Our client contacted our office in January of 2015 regarding her I-751 application.

She is from Brazil and married a U.S. citizen in November 2011. Through her marriage, she obtained a 2-year conditional green card in April of 2013. Our office helped her in the green card process.  Her conditional residency terminated in April 2015.

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 on January 12, 2015 and our office prepared an I-751 application for our client with supporting documents.

On February 4, 2015, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint lease, 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, the USCIS issued a Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with her husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on September 25, 2015.

Eventually, on October 16, 2015, the USCIS approved our client’s I-751 application.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Brazilian

LOCATION: Cleveland, OH

Our client came to the United States in September 2000 with a B-2 visitors visa from Brazil. She has remained in the United States ever since.

She married a U.S. Citizen in November 2011 and retained our office on April 30, 2012 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on January 18, 2013.  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.

On April 12, 2013, our client was interviewed at the Cleveland, OH CIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On the same day, her green card application was approved.

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If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage based green card success stories, please click here.

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

Our client came to the United States in November 2010 with a B-2 tourist visa from Brazil. She married a U.S. Citizen in March 2011 and retained our office around the same time for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on May 18, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On August 4, 2011, our client was interviewed at the Cleveland, Ohio USCIS.  We accompanied them at the interview as well.  On May 10, 2011, her green card application was approved.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For marriage-based green card success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office for free consultations.

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