CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Moldovan

LOCATION: New York, NY

Our client contacted us in November 2021 to seek legal representation for his naturalization application. He came to the United States from Moldova and obtained his green card in March 2017. He had multiple lengthy trips to the UK during his permanent residency period. 

His N-400 application was filed on December 3, 2021 with all supporting documents. We included a brief to explain his residency in the U.S., despite his multiple trips to the UK. We explained thoroughly the business nature of his trips. Prior to his citizenship interview, our office prepared him via conference calls.  On May 16, 2022, our client appeared at the New York, NY USCIS office for his naturalization interview. Our client answered all questions correctly and passed his interview. On May 17, 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-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physician’s Office

BENEFICIARY: Taiwanese Nurse Practitioner

LOCATION: New York, NY

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 August 27, 2021 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on March 15, 2022 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. However, the USCIS issued a Request for Evidence (RFE) for our client’s notice of job filing. Our office filed a response to RFE on March 31, 2022.  Eventually, on April 12, 2022, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Taiwanese nationals are current for the EB-2 category, she is eligible to file her adjustment of status application now.

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CASE: Asylee Adjustment of Status
CLIENT: Saudi Arabian
LOCATION: Brooklyn, NY

Our client came to the United States from Saudi Arabia and he was granted asylum in September 2019.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status. Around February 2021, our client contacted our office again and sought legal assistance for his adjustment of status application. We prepared and filed his I-485 Adjustment of Status Application on February 23, 2021. Everything went smoothly and the receipt notice and fingerprint appointment all came on time.

On April 1, 2022, the USCIS approved our client’s Adjustment of Status application without an interview. He is now a permanent resident of the United States.

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CASE: I-130 / I-485

NATIONALITY: Malaysian

LOCATION: New York, NY

Our Malaysian client came to the U.S. on a J-1 Visa in June 2017 to work as a trainee. In September 2019, he married a U.S. citizen spouse. He wanted to file an adjustment of status application; however, his J-1 visa made him subject to the two-year foreign resident requirement. Due to the two-year foreign residency requirement, he had to obtain a waiver first before he files his adjustment of status application in the U.S.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Malaysian Embassy in the United States.  Our office contacted the Malaysian 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 different documents including a statement of reason for the waiver.

On February 4, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian Consulate General Office in New York to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file an adjustment of status application but for the waiver.

The Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. 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 April 1, 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 July 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 in our office via conference calls. On March 1, 2022, our client was interviewed at the New York City, NY USCIS office. Eventually, on March 2, 2022, his green card application was approved.

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CASE: I-130 (Petitions for Parents) and Adjustment of Status

CLIENT: Filipinos

LOCATION: Bronx, NY

Our client retained us to petition her parents for a green card. Our client was born and raised in the Philippines, but was naturalized in the United States. She contacted our office in February 2021 and discussed with us the green card process. After consultation, she retained our office on February 5, 2021.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 5, 2021 for her parents.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on August 12, 2021, our client’s parents’ adjustment of status applications was approved. Now, they are green card holders.

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CASE: N-400 Citizenship / Naturalization
APPLICANT: Angolan
LOCATION: New York, NY

Our client contacted us in November 2019. He came to the United States from Angola and became a permanent resident in July 2015. He retained our office for his naturalization application. The main issue of his naturalization case was the one long, over six-month trip that he had within the past five years. 

According to the INA §316(b) and 8 C.F.R. §316.5.(c)(1)(i), an absence between 6 months and 1 year from the United States raises a rebuttable presumption that continuity of residence has been interrupted. That would be an issue in naturalization cases, where continuity of residence is essential. Applicants with this issue should rebut that presumption. 

Our client was out of the United States for 220 days from January 2016 until August 2016. Our client was in Angola and had to take more time because his brother’s abrupt passing and his father’s illness that led to his death, which occurred within months of each other. Our client wanted to rebut the presumption by arguing that his last trip was more than 6 months due to the family emergency / illness, and he did intend to maintain his continuity of residency in the U.S. 

The brief and his N-400 application were filed on September 29, 2020 with all necessary supporting documents. Our client appeared at the USCIS New York Field Office for his N-400 interview on August 17, 2021. He answered all questions correctly and passed his citizenship interview. Eventually, on the same day of his interview, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Australian

LOCATION: New York, NY

Our client contacted us in March 2020 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Australia and obtained his green card in June 2003.  

His N-400 application was filed on May 5, 2020 with all supporting documents. Prior to his citizenship interview, our office prepared him via phone call.  On May 5, 2021, our client appeared at the New York City CIS office. Our client answered all questions correctly and passed his naturalization interview. Eventually, on the same day of his interview, 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-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physician’s Office

BENEFICIARY: Taiwanese Nurse Practitioner

LOCATION: Brooklyn, NY

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 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on March 9, 2021 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 April 8, 2021, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Taiwanese nationals is current for the EB-2 category, she is eligible to file her adjustment of status application now.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Bronx, NY

Our client contacted us in October 2019 to seek legal representation for her naturalization application. She came to the United States from the Philippines and she obtained her green card in December 2014. 

Her N-400 application was filed on October 4, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On December 29, 2020, our client appeared at the New York, NY USCIS office for her naturalization interview. Our client answered all questions correctly and passed her interview. On the same day of her interview, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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

APPLICANT / BENEFICIARY: Chinese Client in New York. 

The USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases.  According to this memo, issued in August 2012, 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 January 1998 with a B-2 visa when she was only 6 years old. Since then, she has remained in the United States. 

As of June 15, 2012, our client was twenty-one (21) years old.

Our client also finished high school in the United States.

Since her last entry to the United States in January 1998, our client never left.

She was physically present in the United States on June 15, 2012 and has continuously resided here since January of 1998.

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.

In October of 2020, she retained our office for the renewal of his DACA application again. Despite the elimination of the DACA program at that time, she was still eligible for the renewal. Our client sent us supporting documents that prove our her education history, 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 5, 2020, our office filed her I-821D and I-765 to the USCIS.  Eventually, on December 29, 2020, the USCIS approved our client’s I-821D and I-765. Her DACA status is extended to December 2022.

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