CASE: I-485 Adjustment of Status (EB-3)

APPLICANT: Kyrgyz Network and Computer Systems Administrator in Huntley, IL

Our client has a prospective employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Computer Science and currently works for IT consulting companies in the past. Based on our client’s education and work background, our office determined that she is clearly eligible for EB-3 classification for her I-140 petition.  

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, the job order was filed on April 9, 2021.  On July 16, 2021, we promptly filed PERM. Eventually, on January 5, 2022, the PERM Labor Certification was approved without the audit. Our client can file the I-140 petition at any time. 

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 most recent tax return copy, and other necessary supporting documents.

The I-140 Petition was filed on February 24, 2022 via regular processing service. On March 10, 2022, we filed I-907 premium processing upgrade request. Eventually, on March 21, 2022, the I-140 EB3 Petition for our Kyrgyz client was approved without any Request for Evidence (RFE). 

Once her I-140 petition was approved, she retained our office again for her adjustment of status application. On April 19, 2022, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on July 29, 2022, her green card application was approved without any RFE. Her adjustment of status application was approved less than 4 months from the filing date.

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

NATIONALITY: Chinese

LOCATION: Champaign, IL

Our client is a citizen of China who came to the U.S. on a J-2 Visa in August 2017.  She entered with her mother who came on a J-1 Visa as a researcher in the U.S. 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.

She turned 21 in May 2021.  By getting a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her 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 May 2021.  

Our firm was retained to do her J-2 waiver, and on March 3, 2022, 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 May 27, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 13, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Waukegan, IL

Our client contacted us in August 2021 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in November 2016.

Her N-400 application was filed on September 3, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference call.  On May 11, 2022, our client appeared at the Chicago, IL USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On May 12, 2022, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Waukegan, IL

Our client contacted us in July 2021 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in February 2015.

Once retained, her N-400 application was filed on July 29, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On April 22, 2022, our client appeared at the Chicago, IL USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On April 28, 2022, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Malaysian                                                                                     

LOCATION: Urbana, IL

Our client is from Malaysia who came to the U.S. on a F-1 visa. In November 2020, our client married her current U.S. citizen husband.  She retained our office on March 16, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 22, 2021.  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 call. On October 14, 2021, our client was interviewed at the Chicago, IL USCIS office. Eventually, on April 14, 2022, her green card application was approved.

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CASE: I-140 (EB-3)

EMPLOYER: Online IT Service Petitioner 

BENEFICIARY: Kyrgyz Network and Computer Systems Administrator in Chicago, IL

Our client has a prospective employer that was willing to file and I-140 for her.  Our client has a Bachelor’s degree in Computer Science and worked for IT consulting companies in the past. Based on our client’s education work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  

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, the job order was filed on April 9, 2021.  On July 16, 2021, we filed PERM. On January 5, 2022, the PERM Labor Certification was approved without the audit. 

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 most recent tax return copy, and other necessary supporting documents.

The I-140 Petition was filed on February 24, 2022 via regular processing service. On March 10, 2022, we filed the I-907 premium processing upgrade request. Eventually, on March 21, 2022, the I-140 EB3 Petition for our Kyrgyz client was approved without any Request for Evidence (RFE). 

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Spanish                                                                             

LOCATION: Schaumburg, IL

Our client is from Spain who came to the U.S. on a J-2 visa in June 2019. With our firm’s legal assistance, he got his J-2 waiver in October 2020.  In October 2020, our client married his U.S. citizen wife. He retained our office on March 18, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 2, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment notices, and the employment authorization document all came on time. Prior to the interview, we thoroughly prepared our clients at our office via conference calls. On February 7, 2022, our client was interviewed at the Chicago, IL USCIS office. On February 8, 2022, his green card application was approved.

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CASE: PERM Labor Certification

EMPLOYER: Online IT Service Petitioner 

BENEFICIARY: Kyrgyz Network and Computer Systems Administrator in Chicago, IL

Our client has a prospective employer that was willing to file an I-140 petition for.  Our client has a Bachelor’s degree in Computer Science and worked for IT consulting companies in the past. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  

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, the job order was filed on April 9, 2021.  On July 16, 2021, we filed PERM. 

Eventually, on January 5, 2022, the PERM Labor Certification was approved without an audit. Our client can file the I-140 petition at any time.

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CASE: I-485 Adjustment of Status / I-140 (Skilled Worker) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Kyrgyz

LOCATION: Rockford, IL

Our client’s beneficiary is a registered nurse from Kyrgyzstan and licensed in the state of Illinois. She came to the United States on a F-1 student’s visa.  Her prospective 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 an Associate of nursing degree and has 2 years of work experience as a Registered Nurse. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on November 3, 2020 and we started on her Prevailing Wage Request.

We filed the I-140 application on June 16, 2021 via premium processing. We included the job offer letter, the notice of filing, employer’s financial ability to pay letter, and other necessary supporting documents. Eventually, on June 28, 2021, the I-140 was approved without any Request for Evidence (RFE). 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On July 16, 2021, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

However, on September 16, 2021, the USCIS issued a Request for Evidence (RFE) and requested our client to submit evidence of her status maintenance in the United States. Our office filed the RFE response on September 21, 2021.  Eventually, on September 28, 2021, her green card application was approved. Her adjustment of status application was approved less than 3 months from the filing date.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                         

LOCATION: Des Plaines, IL 

Our client came from the Philippines on a J-1 visa. She was not subject to the 2-year foreign residency requirement. In June 2018, our client is married her current U.S. citizen husband.  She retained our office on January 26, 2021, for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 12, 2021.  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 via conference calls. On August 18, 2021, our client was interviewed at the Chicago, IL USCIS office. On the same day of her interview, her green card application was approved.

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