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

EMPLOYER: School

BENEFICIARY: Filipino Social Studies Teacher

LOCATION: Warren, MI

Our client has an employer willing to petition him for a third-preference I-140.  Our client has a Bachelor’s degree in Secondary Education, a valid Michigan Teaching license, and has worked for his employer since May 2018. Based on his education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition. He retained us in October 2019.

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 only 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 assisted the Petitioner to file the job order on June 26, 2020.  On October 20, 2020, we filed PERM. 

On May 28, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the 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 June 16, 2021.  Eventually, on August 26, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino 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 documents. The I-140 Petition was filed on September 28, 2021 via regular processing. On June 30, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

Our client decided to file his I-485 adjustment of status concurrently with the I-140 petition. Our office prepared and filed his I-485 application to the USCIS on September 28, 2021 along with the I-140 petition. On August 12, 2022, our client’s adjustment of status application was approved by the USCIS without any Request for Evidence (RFE). 

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CASE: I-751

APPLICANT: Pakistani

LOCATION: Southfield, MI

Our client contacted our office in September of 2020 regarding his I-751 application.

He is from Pakistan and he married a U.S. citizen in September 2017. He obtained a 2-year conditional green card in August 2018. His conditional residency terminated in August 2020. 

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 September 22, 2020. On October 1, 2020, our office filed the I-751 application to the USCIS. He already missed the filing period for his I-751; nevertheless, our office included our client’s statement in support of late filing for his I-751. 

On May 13, 2021, the USCIS issued a Request for Evidence and requested our client to submit more bona fide joint documents. On August 13, 2021, our office filed a Response to RFE to the USCIS. Eventually, on August 3, 2022, the USCIS approved our client’s I-751 application. He received her 10-year green card.

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CASE: EB-3 I-140

EMPLOYER: School

BENEFICIARY: Filipino Social Studies Teacher

LOCATION: Mt. Clemens, MI

Our client has a current employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Secondary Education, a valid Michigan Teaching license, and has worked for him current employer since May 2018. Based on his education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us in October 2019.

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 only 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 assisted the Petitioner to file the job order on June 26, 2020.  On October 20, 2020, we filed PERM. 

On May 28, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the 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 June 16, 2021.  On August 26, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino 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 September 28, 2021 via regular processing service. On June 30, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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CASE: EB-3 I-140

EMPLOYER: School

BENEFICIARY: Filipina Middle School Science Teacher

LOCATION: Mt. Clemens, MI

Our client has a current employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Education, a valid Michigan Teaching license, and has worked for her current employer since May 2018. Based on our client’s education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us in October 2019.

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 only 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 assisted the Petitioner to file the job order on June 26, 2020.  On October 12, 2020, we filed PERM.  Eventually, on May 3, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina 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 July 2, 2021 via regular processing. On June 17, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Kenyan                                                                                

LOCATION: Fowlerville, MI

Our client is from Kenya who came to the U.S. on a B-2 visitor’s visa in November 2015. Since then, she has remained in the United States.  In January 2021, our client married her U.S. citizen husband. She retained our office on June 7, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 30, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients at our office via conference calls. On January 26, 2022, our client was interviewed at the Detroit, MI USCIS office. Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients as well. On February 5, 2022, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Nepalese

LOCATION: Oxford, MI

Our client contacted us in June 2021 to seek legal representation for his naturalization application. He came to the United States from Nepal and obtained his green card in October 2018 through his marriage to his US Citizen spouse. 

His N-400 application was filed on July 6, 2021, with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On January 18, 2022, our client appeared at the Detroit, Michigan USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On January 19, 2022, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-130/I-485

 NATIONALITY:  Iraqi

 LOCATION: Dearborn, MI

Our client came from Iraq as a J-1 scholar in 2014. His J-1 status made him subject to the two-year foreign residency requirement. Our client would like to file his adjustment of status application based on marriage; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under the No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship. Our client’s U.S. citizen son was experiencing exceptional medical hardships. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After he retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On February 13, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support of our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen son’s medical conditions.  On February 17, 2020, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s son would experience exceptional hardship if our client needs to go back to Iran for two years.  Eventually, the USCIS approved his I-612 waiver on February 18, 2021. 

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 I-485 Adjustment of Status Application on April 6, 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 through conference calls. On November 9, 2021, our client was interviewed at the Detroit Michigan 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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CASE: PERM EB3 Labor Certification

EMPLOYER: School

BENEFICIARY: Filipino Social Studies Teacher

LOCATION: Mt. Clemens, MI

Our client has an employer that was willing to petition him for a third-preference case (I-140).  Our client has a Bachelor’s degree in Secondary Education, a valid Michigan Teaching license, and has worked for his employer since May 2018. Based on our client’s education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client retained us in October 2019.

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 only 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 assisted the Petitioner to file the job order on June 26, 2020.  On October 20, 2020, we filed PERM. 

On May 28, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the 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 June 16, 2021.   

Eventually, on August 26, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. Our client can file the I-140 petition at any time.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Vietnamese

LOCATION: Warren, MI

Our client contacted us in January 2021 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Vietnam and obtained her green card in March 2016.  

Her N-400 application was filed on January 8, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via phone call.  On July 30, 2021, our client appeared at the Detroit, MI CIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client. Our client answered all questions correctly and passed her naturalization interview. Eventually, on August 2, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: PERM Labor Certification

EMPLOYER: School

BENEFICIARY: Filipina Middle School Science Teacher

LOCATION: Mt. Clemens, MI

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Education, a valid Michigan Teaching license, and has worked for her current employer since May 2018. Based on her education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in October 2019.

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 only 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 assisted the Petitioner to file the job order on June 26, 2020.  On October 12, 2020, we filed PERM. 

Eventually, on May 3, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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