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-130 and Consular Processing (Immigrant Visa)

CLIENT: LPR Mother; Filipino Beneficiary Minor Son in the Philippines

LOCATION: Petitioner: Ohio; Beneficiary: Philippines

Our client retained us to bring her minor son over from the Philippines. She was born and raised in the Philippines, but lives in the United States as a LPR (Green Card holder).

On September 18, 2015, our firm filed the I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On February 1, 2016, the I-130 Petition was approved. However, we could not start the immigrant visa processing because their visa numbers were not available. In July 2016, once their visa numbers were available, we then started the immigrant visa processing phase of trying to get her son over to the United States.

On May 4, 2017, we filed the immigrant visa packet to the National Visa Center who in turn forwarded our clients’ materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for our client’s son at the U.S. Embassy in Manila, and we prepared them for his interview. On September 12, 2017, the U.S. Embassy in Manila, Philippines approved and issued his immigrant visa.

With the approved immigrant visa, our client’s son can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: I-130 and Consular Processing
CLIENT: US Citizen Petitioner; Filipina Beneficiary
LOCATION: Petitioner: Ohio; Beneficiary: Manila, Philippines

Our client is a U.S. citizen who married a Filipina lady in 2009. Our client’s Filipina wife got a green card through our office in January 2017.  

Our client’s wife has a daughter in the Philippines. Our client decided to petition for his step-daughter in the Philippines for an immigrant visa when he filed I-130 for his wife. Since the client’s step-daughter was not in the United States, our office filed the I-130 to the USCIS first on September 16, 2017.

After the I-130 was filed, everything went smoothly and the receipt notices came on time. The I-130 Petition was approved by the USCIS on January 27, 2017. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on June 1, 2017, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client’s step-daughter. On September 19, 2017, the beneficiary went to her interview in Manila. On the same day, the U.S. Embassy in the Philippines approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s step-daughter can come to the United States immediately, and she will get her green card.

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CASE: I-140 (EB-2)    
EMPLOYER:  Hydraulic Unit Manufacturing Company in Texas
BENEFICIARY: Filipino Hydraulic Power Unit Design and Installation Project Manager

Our client’s beneficiary is from the Philippines. Our client (the prospective employer) was willing to do an immigration petition for him, second-preference. He has a Bachelor’s degree in Maritime Transportation and has more than 5 years of work experience as a Hydraulic Equipment Installer / Operator. Our firm concluded that his employer can petition him as a Hydraulic Power Unit Design and Installation Project Manager.

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 12, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on January 10, 2017.  On May 3, 2017, we promptly filed PERM.  Eventually, on August 11, 2017, the PERM Labor Certification was approved – an EB2 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 6, 2017 via premium processing service. Eventually, on September 21, 2017, the I-140 EB-2 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Korean                                                                                                        

LOCATION: Buffalo, NY

Our client is from South Korea who came to the U.S. on F-1 student’s visa in 2013 to pursue her Ph.D. studies. In June 2017, our client married her current U.S. citizen husband.  She retained our office in June 2017 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 27, 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 via conference calls. On September 19, 2017, our client was interviewed at the Buffalo New York USCIS office. Eventually, on September 20, 2017, her green card application was approved.

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CASE: Asylum

CLIENT: Saudi Arabian

LOCATION: Bethpage NY Asylum Office

Our client retained us in July 2015 to help him with his asylum case. He is a Saudi Arabian living in New York. He was scared to go back home to Saudi Arabia, fearing that he will be persecuted on account of his social group.

We helped him prepare his asylum application, going over several drafts until his claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to his asylum claim were addressed. We also asked him to provide supporting documents corroborating his claim, some of which were letters from friends in the U.S. who were part of his social group. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution that members of his social group suffer in Saudi Arabia.

The asylum application was filed on August 26, 2015. On August 14, 2017, the CIS issued an interview notice for his asylum case, scheduled for August 31, 2017 in Bethpage, New York. Prior to his interview, our office prepared him thoroughly for his case, going over practice interviews by phone to make sure he is able to address questions the asylum officer would ask. On August 31, 2017, attorney Sung Hee (Glen) Yu from our office accompanied our client at his interview in Bethpage New York. The interview went well and our client was able to answer all questions accordingly. There were no requests for evidence prior to nor after the interview. Everything went smoothly.

On September 14, 2017, the CIS in Bethpage NY approved our client’s asylum case. He is now an asylee and will be eligible to apply for permanent resident status in one year. He also would obtain his work permit in about two weeks.

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CASE: Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Son; Indian Beneficiary Mother in India

LOCATION: South Carolina; Beneficiary: India

IV APPROVED: August 31, 2017

Our client retained us to bring his mother over from India. He was born and raised in India, but was naturalized in the United States. Once retained, our office prepared and filed the I-130 petition for his mother on February 25, 2016. This I-130 Petition was approved by the USCIS in July 2016. Once the I-130 petition was approved, we then started the immigrant visa processing phase of trying to get his mother over to the United States.

On February 10, 2017, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate General in Mumbai, India. An interview notice was set for our client’s mother at the U.S. Consulate General in Mumbai, and we prepared her for her interview.  She did her interview on August 31, 2017. Eventually, after the interview, the U.S. Consulate General Mumbai, India approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: I-485 Adjustment of Status based on Approved I-140 (EB-3 Category) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. He came to the United States and currently works in the United States on his H-1B status.  His current employer was willing to petition him for a third-preference employment immigrant visa petition (I-140).

Since he is a registered nurse, he 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 worked for the sponsor-employer. Our firm told him that his employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on April 10, 2014 and started on his Prevailing Wage Request.

We filed the I-140 application on June 25, 2014 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, on February 26, 2015, the USCIS Texas Service Center issued the Request for Evidence (RFE). According to the RFE, the USCIS requested our client to submit his valid Texas nursing license certificate. Our office filed the Response to RFE with our client’s Texas nursing license certificate on April 1, 2015. Eventually, on April 18, 2015, the I-140 was approved.

Then, we proceeded with our client’s I-485 adjustment of status application. We prepared and file our client’s adjustment of status application along with supporting documents to USCIS on April 27, 2015.

However, the priority date of Eb-3 category for the Philippines national backlogged. Our client had to wait until the priority date becomes current. In March 2017, his priority date becomes current. Eventually, our client’s adjustment application was approved by the USCIS on September 1, 2017.  After a long wait, our client is finally a green card holder.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Jamaican                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from Jamaica who came to the U.S. on a J-1 exchange visitor’s visa in June 2015. Her J-1 program was not subject to the 212(e), two-year foreign residency requirement. In February 2017, our client married her current U.S. citizen husband.  She retained our office on March 24, 2017 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 23, 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 August 28, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on August 30, 2017, her green card application was approved.

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

NATIONALITY: Turkish                                                                                                        

LOCATION: Oregon

Our client is from Turkey who came to the U.S. on a J-1 Visa in 2010 as a short-term scholar for an internship. She did her internship program for 2 months and eventually got an admission from a university in the U.S. for her Ph.D. program. She got her F-1 student visa in July 2011 and currently is on F-1 OPT.  She wishes to apply for a waiver of the two year foreign residency requirement so that she may be eligible for an H-1B status and adjustment of status based on av potential petition from her current employer in the U.S.

She retained our office on May 16, 2017. Thereafter, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Turkish Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Turkish Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver and Turkish National ID.

On May 19, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Turkish Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client wants to change her status in near future.

Eventually, the Turkish Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 21, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On August 25, 2017, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement.

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