CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian                                                                            

LOCATION: Harrisburg, PA

Our client is from Nigeria who came to the U.S. with an F-1 visa in March 2015.  In August 2021, our client married his U.S. citizen wife. He retained our office on November 14, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 18, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment notices, and employment authorization document all came on time. Prior to the interview, we thoroughly prepared our clients at our office via conference calls. On February 25, 2022, our client was interviewed at the Philadelphia, PA USCIS office. On February 26, 2022, his green card application was approved.

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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-485 based on Approved I-140 (EB-2)

 APPLICANT: Chinese

 LOCATION: Solon, OH

Our client is an assistant professor from China, who is currently teaching at a state university which was willing to petition for a second-preference I-140.  Our client has a Ph.D. degree and has worked for this school since July 2017. He has maintained his status as an H-1B visa holder in the United States.  He had an approved I-140 petition which was filed by his current employer and this I-140 petition’s priority date was May 17, 2018.

In August 2021, he contacted our office and retained us for his I-485 adjustment of status application once his priority date became current. Our office filed the I-485 adjustment of status application for our client on September 24, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on February 28, 2022, he and his wife’s green card applications were approved.

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the UAE

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently works in the UAE. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

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 a Texas Registered Nurse License. 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 June 10, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on June 16, 2021. 

We filed the I-140 application on February 10, 2022 via premium processing. We included the job offer letter, the notice of filing, financial ability to pay letter, and other necessary supporting documents. Eventually, on February 24, 2022, our client’s I-140 petition was approved without any Request for Evidence (RFE). Now, our client can file an immigrant visa application based on the approved I-140 petition.

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Cleveland, OH

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea and he is an exceptional researcher and scientist in the field of Biomedical Engineering. 

Our client’s significant contributions have placed him at the pinnacle of his field. Our client’s research include advanced medical image processing, machine/deep learning techniques, and its medical applications. Throughout his research career, he has made important and innovative contributions to the field of biomedical engineering and his research successfully influenced various cardiovascular imaging modalities, such as echocardiogram, intravascular ultrasound (IVUS), and intravascular optical coherence tomogram (IVOCT). Because of his innovative research, our client’s works were highly evaluated by reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id. 

Our office prepared a 26-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication record, presentation record, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. 

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on December 29, 2020. On March 3, 2022, the USCIS approved his I-140 petition without any Requests for Evidence.  When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will be approved soon as well.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Abilene, TX

Our client contacted our office in March 2021 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in June 2018. Through her marriage, she obtained a 2-year conditional green card in August 2019.  Her conditional residency terminated in August 2021.

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 March 23, 2021 and our office prepared the I-751 application for our client.

On May 18, 2021, our office filed the I-751 application to the USCIS. On March 2, 2022, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE). Our client received her 10-year green card which removed the conditions.

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

NATIONALITY: Filipina

LOCATION: Sacramento, CA

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2018.  She came with her mother who entered on a J-1 Visa for her employment 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.

She turned 21 in July 2021.  She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the fulfillment of the requirement or a 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 July 2021.

Our firm was retained to do her J-2 waiver, and on September 28, 2021, 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 January 19, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On February 23, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: H-1B Visa Extension
PETITIONER:  Public School District in Mohave Valley, AZ
BENEFICIARY: Filipina Elementary School Teacher

Our client is a Public School District in Mohave Valley, AZ. They contacted our office in May 2021 to seek legal assistance from our office for their foreign employee’s H-1B extension.  The beneficiary obtained her Bachelor’s Degree in Elementary Education. The proffered position for the Beneficiary is an Elementary School Teacher which qualifies as a specialty occupation. This proffered position is a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Elementary Education or its equivalent.  The Beneficiary has worked for her employer under H-1B status since August 2018.   

Upon retention, our office filed the H-1B visa petition with various supporting documents on June 14, 2021 via regular processing. Eventually, our client’s H-1B application was approved on February 25, 2022.  Her H-1B is good until June 30, 2024.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                

LOCATION: Maplewood, OH 

Our client is from China who came to the U.S. on a B-2 visa in September 2021. Since then, she has remained in the United States. In November 2021, our client married her U.S. citizen husband.  She retained our office on November 12, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 18, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients. On February 15, 2022, our client was interviewed at the Cincinnati, OH USCIS office. Eventually, on March 1, 2022, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: North Olmsted, OH

Our client came to the United States from India on a F-1 student visa and currently works for her employer under H-1B status. She married a U.S. Citizen in October 2021 and retained our office on November 25, 2021 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 14, 2021. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On March 4, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento, Esq. from our office accompanied our clients. On March 5, 2022, our client’s green card application was approved.

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