CASE: I-751

APPLICANT: Thai

LOCATION: Shaker Heights, OH

Our client contacted our office in August 2019 regarding his I-751 application.

He is from Thailand and he married a U.S. citizen in September 2016. Through his marriage, he obtained a 2-year conditional green card in October 2017.  His conditional residency terminated in October 2019.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on August 30, 2019, and our office prepared and filed the I-751 application on September 27, 2019

On June 2, 2021, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Thai

LOCATION: Akron, OH

Our client came to the United States from Thailand on a B-2 visitor’s visa in September 2010. He married a U.S. Citizen in March 2018 and retained our office on May 1, 2018 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 21, 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 as well. 

On October 25, 2018, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. In July 2019, the USCIS issued a Request for Evidence and requested our client to submit more bona fide marriage documents and documents regarding his previous marital relationships with his ex-wife. Our client gathered documents and our office prepared and filed an extensive Response to RFE to the USCIS Cleveland Field Office. Eventually, on December 19, 2019, his green card application was approved.

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

CLIENT: Thai

LOCATION: Garfield Heights, OH

Our client came to the United States in March 2019 as a K-1 visa entrant from Thailand.  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 married in June of 2019. 

Our client contacted our office initially and consulted with us for her adjustment of status application. She retained our office on June 4, 2019. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on June 24, 2019.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

Thereafter, the USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients via conference calls. On November 14, 2019, our clients were interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento form our office also accompanied our clients. Eventually, on the same day of the interview, her green card application was approved.

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CASE: Immigrant Visa / I-140 (EB-2 Category) / Schedule A 

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Thailand / Petitioner: Houston, TX

Our Filipino client is currently working in Thailand as a nurse supervisor. His prospective employer-sponsor was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a Bachelor’s degree in nursing and 5 years of experience as a nurse supervisor and a coordination nurse. He also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on November 21, 2018 via premium processing. We included a 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 the nurse manager position falls under a Schedule A and EB2 designation.

Eventually, on December 5, 2018, the USCIS Texas Service Center approved his EB-2 I-140 petition. 

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on May 13, 2019, who in turn forwarded the client’s materials to the U.S. Embassy in Bangkok, Thailand. An interview notice was set for the client at the U.S. Embassy in Thailand. On October 22, 2019, our client appeared at the U.S. Embassy in Bangkok, Thailand. The interview went well, and the Embassy approved and issued his immigrant visa.

With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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

NATIONALITY: Thai

LOCATION: Dallas, TX

Our Thai client came to the U.S. on a J-1 Visa in November 1991, and his J-1 visa made him subject to the two-year foreign resident requirement. After completion of the J-1 program, he remained in the United States. His wife became a naturalized U.S. citizen, but our client could not file his adjustment of status application due to his two-year foreign residency requirement. He had to obtain a waiver first.

He contacted our office and retained our office in April 2017. After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Thai Embassy in the United States.  Our office contacted the Thai Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested several different documents including a statement of reason for the waiver, a notarized copy of the marriage certificate, a notarized copy of his US citizen Wife’s US passport Biographic Page, a notarized copy of his valid Thai passport, and a copy of Form DS-3035.

On May 15, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Thai Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a marriage based adjustment of status application but for the waiver.

The Thai Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On October 10, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on January 29, 2018.  Now that our client’s two-year foreign residency requirement is waived, he can file an adjustment of status application with his wife’s I-130 petition.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Thai                                                                                                    

LOCATION: Cleveland, OH

Our client is from Thailand who came to the U.S. on a B-2 visitor’s visa in October 2006. After his authorized stay period expired, he remained in the United States. In September 2016, our client married his current U.S. citizen wife.  He retained our office on January 31, 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 24, 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 October 20, 2017, 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 the interview, his green card application was approved.

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CASE: Immigrant Visa / Family-Based Petition

CLIENT: Thai

LOCATION: Bangkok, Thailand

Our client was in the United States on an F-1 status. He overstayed. Our client’s mother became a U.S. citizen and filed an I-130 petition for our client. This I-130 petition was approved, but he could not file adjustment of status due to his F-1 overstay. He was over 21.

Our client retained our office on May 4, 2016 for his immigrant visa application. He went home to Thailand as this was the only way he can immigrate through his mother. We had to argue that he had no unlawful presence despite his overstay because he was an F-1 overstay. Our office prepared and filed the immigrant visa packets, together with all necessary supporting documents, on June 20, 2016. Our office also prepared and drafted a brief to explain the eligibility of his immigrant visa despite his F-1 overstay.

Under 9 FAM 40,92 N1 on “Unlawful Presence: (b)(2):

DHS has interpreted ‘period of stay authorized by the Secretary of Homeland Security’ as used in the construction of unlawful presence in INA 212(a)(9)(B)(ii) to include… (2) For aliens inspected and admitted for ‘duration of status’ (DOS), any period of presence in the United States, unless DHS or an immigration judge or the BIA makes a formal finding of a status violation, in which case unlawful presence will only begin to accrue as of the date of the formal finding.”

Though our client overstayed his F-1 status, he never incurred any unlawful presence due to the “Duration of Status” clause implied on his F-1 entry, and the DHS, immigration judge, or the BIA never made any formal finding of a status violation on his part. Our client is also not inadmissible on any of the grounds laid out in INA 212(a).

Therefore, since our client is not subject to the unlawful presence bar and any of the inadmissibility statutes on INA § 212(a), he is eligible for an immigrant visa, based on the I-130 Petition filed by his U.S. citizen mother.

Prior to the interview, we thoroughly prepared our client. On October 5, 2016, our client was interviewed at the U.S. Embassy in Bangkok, Thailand. After the interview, our office filed another brief to the U.S. Embassy in Bangkok, Thailand for his eligibility for the immigrant visa. Eventually, on September 22, 2017, his immigrant visa was approved and issued by the U.S. Embassy in Bangkok, Thailand.  

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

EMPLOYER: Mental Health Non-Profit Organization

BENEFICIARY: Thai Nurse Practitioner

LOCATION: Ohio

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was 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 September 12, 2016 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 23, 2017 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.  On January 31, 2017, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Thai national is current for the EB-2 category, she is eligible to file her adjustment of status application now.

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CASE: Immigrant Visa / I-140 (EB-2 Category) / Schedule A

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Thailand / Petitioner: Houston, TX

Our Filipino client was working in Thailand as a nurse coordinator. His prospective employer-sponsor in Texas was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a Bachelor’s degree in nursing and 5 years of experience as a nurse coordinator and a coordination nurse. He also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on February 16, 2016 via premium processing. We included a 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 the nurse manager position falls under a Schedule A and EB2 designation.

However, on March 2, 2016, the USCIS Texas Service Center issued the Notice of Intent to Deny (NOID) for our client’s I-140. The USCIS alleged whether our client’s past experience letters from Thailand were genuine. We submitted new past experience letters and submitted the response to NOID on March 11, 2016.

Eventually, on March 17, 2016, the USCIS Texas Service Center approved his EB-2 I-140 petition.

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on May 16, 2016, who in turn forwarded the client’s materials to the U.S. Embassy in Bangkok, Thailand. An interview notice was set for the client at the U.S. Embassy in Thailand. On October 4, 2016, our client appeared at the U.S. Embassy in Bangkok, Thailand. The interview went well, and the Embassy approved and issued his immigrant visa.

With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: I-130/I-485 / J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Thai

LOCATION: Dallas Texas

Our client is a citizen of Thailand who came to the U.S. on a J-2 Visa in 1990.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After our client came to the United States, he has remained in the United States beyond the expiration of his authorized stay period. He completed his elementary and secondary schools and finished his bachelor and graduate programs in the United States as well. He did not know of his overstayed status until he became a late teenager.

He turned 21 in 2005. Nonetheless, he did not know of the waiver process, lost his I-94 record and did not have J-2 related documents beside J-2 visa stamp on his old passport. Later, he became a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program and got his work permit.

Our client married his current U.S. citizen wife in October 2012. He would like to get a waiver because he can get a green card based on his U.S. citizen wife’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in 2005.

Our firm was retained to do his J-2 waiver and replacement of his I-94. We first filed I-102 application to USCIS on June 12, 2015 in order to obtain his I-94 record replacement. The USCIS issued his replace I-94 on September 21, 2015. Thereafter, on September 25, 2015, the J-2 Waiver application (Form DS-3035 and supporting documents) 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 reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on October 14, 2015 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On October 25, 2015, the USCIS issued an I-612 approval notice for our client’s waiver request.

Once his J-1 waiver was approved, our client retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on November 23, 2015.  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 October 14, 2016, our client was interviewed at the Irving, Texas USCIS office.  The interview went well, and eventually, on the same day of the interview, his green card application was approved.

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