CASE: Marriage-Based Adjustment of Status.
NATIONALITY: Australian
LOCATION: Houston, TX

The marriage-based green card approval we got recently was for an Australian client who came to the U.S. on a J-2 Visa in 1999. She came to the U.S. with her father who came on a J-1 visa for his research program in the United States.  Later, our client changed her J-2 visa to F-1 visa.  After she graduated, she married her current U.S. citizen husband in 2007 and her husband filed an I-130 petition on behalf of our client.  The I-130 petition was approved in July 2010. She did an adjustment of status application by herself before retaining us, and this was denied due to her being subject to the two-year foreign residence requirement.

As explained in a previous success story, our office worked on our client’s J-2 visa waiver through the Interested Government Agency (IGA) route.  Eventually, the CIS issued an I-612 approval notice on April 28, 2014.

After we received the I-612 waiver, our client retained us again and sought legal assistance for her I-485 adjustment of status application. Our firm prepared and filed the I-485 adjustment of status application on July 3, 2014. 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 September 18, 2014, our client was interviewed at the Houston, Texas USCIS office. On the same day, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Boston, MA

Our Chinese client came to the United States on a F-1 student visa to pursue her graduate degree in 2012. She married a U.S. Citizen in May 2014 and retained our office on June 13, 2014 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 25, 2014.  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 as well. On September 18, 2014, our client was interviewed at the Boston, Massachusetts USCIS office.  On the same day, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Mexican

LOCATION: Cleveland, Ohio

Our client contacted us in June 2014 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Mexico and obtained his green card in July 1991. He retained our office for his naturalization and citizenship N-400 application on June 23, 2014.

The application was filed on June 25, 2014 with all supporting documents. Our office prepared him before his naturalization interview in our office. On September 5, 2014, our client appeared for his N-400 interview at the Cleveland CIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship N-400 interview. Eventually, his naturalization application was approved on September 11, 2014. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-360 Petition

NATIONALITY: Canadian

LOCATION: Florida

Our Canadian client came to the U.S. in February 2013. He entered the United States with B-2 visitor’s visa for pleasure to go to Florida.

In October 2013, he contacted our office to seek legal representation for his I-360 petition.

Our client’s marital life was tough and he was abused by his spouse. He was hesitant at first because he was male, and believed VAWA cases for males were impossible. However, with his story and evidence, our office determined that he would be eligible for an I-360 self-petition as a spouse of an abusive U.S. citizen.

Our client experienced domestic violence and spousal abuse during his marriage. His wife physically and mentally abused him after the inception of their marriage. Thus, we prepared and filed his I-360 petition and I-485 adjustment of status application, which included 40 exhibits and a detailed brief to the USCIS Vermont Service Center on February 14, 2014.

Despite our client’s thoroughly prepared I-360 application, in May 2014, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more documents to prove his marriage was in good faith at the time of the inception of marriage. Our client and our office thoroughly gathered the requested documents, and filed a response to the RFE on July 24, 2013.

Finally, on September 8, 2014, the USCIS Vermont Service Center approved our client’s I-360 petition.

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Case: I-130/I-485

Applicant/Beneficiary – Lithuanian

Location: Columbus, OH

Our client entered the United States in April 2013 from Lithuania under the visa waiver program. She had a transit stamp on the passport though 90 days was given. While her flight was delayed, she spoke with a close friend and decided to stay in the US.

As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days, as was stamped on her passport.

Later, in May 2014, our client married her U.S. citizen boyfriend. However, her authorized stay had elapsed. Our client and her husband contacted our office, and they retained us on May 30, 2014.

One main issue in her green card application through marriage was the fact that she came to the United States under the visa waiver program. Another issue also was the “transit” note there (which also conflicted with the 90 day handwritten date provided on the stamp).

Under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability; it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on June 26, 2014.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients. On September 11, 2014, our client was interviewed at the Columbus, Ohio USCIS Field Office.  Despite the visa waiver issue, on the same day, the USCIS approved her green card application.  Now, our client is a green card holder.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Cleveland, Ohio

Our client contacted us in June 2014 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in March 1999. He retained our office for his naturalization and citizenship N-400 application on June 9, 2014.

The N-400 application was filed on June 25, 2014 with all supporting documents. Our office prepared him before his naturalization interview in our office. On September 2, 2014, our client appeared for his N-400 interview at the Cleveland CIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his naturalization application was approved on September 9, 2014. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Change of Status from H-1B to F-1

CLIENT: Filipina

LOCATION: California

Our client has been on H-1B status for many years and has worked as a data architect in the United States.

This year, she decided to pursue an advanced accounting proficiency program in the United States and got admission.

She contacted our office in mid-July of this year to change her status from H-1B to F-1.

On July 15, 2014 our firm was retained for the Change of Status. On July 25, 2014, we filed the I-539 Change of Status for our client with supporting documents including her I-20, SEVIS fee receipt, and recent pay stubs from her employer.

On September 8, 2014 the Change of Status was approved. Our client is now on F-1 and can start her accounting program soon.

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CASE: I-140 (EB-3 Category) / Schedule A / Old Priority Date Retention
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, New Mexico and New York. He came to the United States in June 2014, and his prospective employer was willing to petition him for a third-preference employment immigrant visa petition (I-140). Our client also has an approved EB-3 I-140 petition with a priority date of August 2008.

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.

Also, under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s prospective employer for our client is entitled to the previous priority date.

Our client has a nursing degree and has more than 6 years related experience. Our firm told him that his potential employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on July 9, 2014 and started on his Prevailing Wage Request.

We filed the I-140 application on August 28, 2014 via premium processing. We included the job offer letter, the notice of filing, her previous I-140 approval notice, and other necessary supporting documents.  Eventually, on September 4, 2014, the I-140 was approved and it retained our client’s old priority date.  Now, our client can file an I-485 adjustment of status application based on the approved I-140 petition since his priority date is current.

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CASE: Marriage-Based Adjustment of Status.

NATIONALITY:Filipina

LOCATION: Seattle, Washington

Our client is from the Philippines who came to the U.S. on a J-1 Visa in October 2011.  Upon completion of her J-1 program, she remained in the United States and overstayed.  She was subject to the two-year foreign residency requirement. Later, she got married to her U.S. citizen husband.

She was eligible to get a green card through her marriage to a U.S. citizen; however, before we can file her I-130/I-485 application simultaneously, she had to get a waiver of her two-year foreign residency requirement.

As a previous success story explained, our office worked on our client’s J-1 waiver.  Eventually, the Philippine Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On December 6, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice for our client’s waiver on December 28, 2012.

Later on, our client retained us for her adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application on March 5, 2014.  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 August 29, 2014, our client was interviewed at the Yakima WA USCIS office.  On September 2, 2014, her green card application was approved.

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CASE: I-130 / BIA Remand / Stokes Interview

CLIENT: Canadian

LOCATION: New York, NY

Our client came from Canada in 2002 as a visitor. He marrie his U.S. Citizen wife in October 2002. Our client has stayed in the United States since the inception of marriage and his authorized period of stay expired. Due to his overstay, our client was placed in removal proceedings in April 2010. He already had an I-130 approval but when he filed for adjustment of status on his own, they denied it and placed him in removal proceedings, and revoked the I-130.

He retained our office in 2010 for legal assistance for his removal proceedings representation and I-130 filing.

Unfortunately, on July 2, 2010, the USCIS New York office denied our client’s I-130 petition, after an almost three-hour Stokes interview. Before and at the interview, extensive evidence of bona fide marriage covering 8 years of marriage was submitted. The couple was able to answer a majority of the questions in the two and half hour interview, and the grounds and discrepancies relied upon by the USCIS in denying the I-130 compared to the majority and relevance of the correctly answered questions together with the extensive evidence was relatively minor.

In response to this denial decision, we timely filed a Notice of Appeal to the Board of Immigration Appeals on July 29, 2010.  The BIA appeal was pending for a long time. Eventually, on May 9, 2012, the BIA found that a remand is warranted for our client’s case.  As a result, on September 29, 2012, our client and his U.S. Citizen wife appeared at the USCIS New York Field Office for another I-130 interview.

Even after the second interview, the I-130 remained pending without any issuance of any RFEs or Notice of Intent to Deny. In the meantime, we filed a Motion for Continuance based on the pending I-130 petition. The New York Immigration Court kept granting our Motions, and on October 28, 2013, the Immigration Judge administratively closed our client’s removal proceedings. Nevertheless, the I-130 petition remained pending.

In August 2014, the New York USCIS Field Office sent us another Stokes Interview request for our client and his wife. We prepared our clients extensively regarding their 12-year marital life. On August 20, 2014, our clients appeared at the New York USCIS Field Office for their second Stokes Interview. Attorney JP Sarmiento from our office also accompanied them as well. Finally, the USCIS approved our client’s I-130 petition. Now, our client can file for adjustment of status after the Immigration Court grants our Motion to Re-calendar and Terminate.

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