CASE: Immigrant Visa / Consular Professing based on Approved I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Seoul, South Korea

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher in South Korea and he is an exceptional researcher and scientist in the field of Radio Frequency (RF) / microwave engineering and mobile and wireless communication networks. 

Our client’s significant contributions have placed him at the pinnacle of his field. Throughout his career, our client has demonstrated his exceptional ability as a researcher and has contributed significantly to the general progress of the efforts in the secured and special purposed network analysis and applications. Specifically, our client’s outstanding work has strong contributions for multiple application spaces including the Fifth-Generation (5G) based smart city communication applications, smart factor infrastructure design and implementation, and military data communication application. Because of his innovative research, our client’s research works were highly evaluated by the reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials, 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 21-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, 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 April 15, 2019. Eventually, on December 19, 2019, the USCIS approved his I-140 petition without any Request for Evidence.  

Once his I-140 was approved, our client retained our office again for his and his family members’ immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on March 5, 2020, who in turn forwarded the client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the U.S. Embassy in Seoul. On September 27, 2021, our client, his wife, and his daughter appeared at the U.S. Embassy in Seoul, South Korea The interview went well, and on the same day, the U.S. Embassy in Seoul, South Korea approved and issued his and his family members’ immigrant visas.

With the approved Immigrant visas, our client and his family members can come to the United States immediately, and they will get their green cards within two months of entry.

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CASE: PERM EB3 Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition him for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Biology, a valid Arizona Teaching license, and has worked for his current employer since July 2016. Based on our 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 May 2020.

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 filed the job order on September 3, 2020.  On November 20, 2020, we promptly filed PERM. 

On June 17, 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 29, 2021.   

Eventually, on September 29, 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: Asylum in Immigration Court

CLIENT: Chinese

LOCATION: Cleveland Immigration Court

Our Chinese client came to the United States on a F-1 visa in July 2011.  She was persecuted and harmed in China based on her religious belief (Christianity), so within one year of her entry, she filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS with our office’s legal assistance.  She was interviewed at the Asylum Office in Cleveland, OH in April 2013, but her case was referred to an immigration judge. The Notice to Appear was issued and our client was placed in removal proceedings.  

After the case was referred to the Immigration Court, our client retained our office again.

Our client was scared to go back home to China, fearing that she will be persecuted based on her religious belief.  She also had past persecution in China due to her religious activities. We helped her prepare her asylum application and represented her in immigration court hearings. We also asked her to provide more supporting documents corroborating her claim, some of which were a letter from her mother, and colleagues and friends in China. Our firm also did some research on articles related to her claim, and the type of persecution she will experience in China if sent back.

After several years of continuance and re-scheduling, our client’s individual hearing was scheduled on September 23, 2021 at the Cleveland Immigration Court. Attorney Sung Hee (Glen) Yu represented our client at the hearing. During the hearing, our client testified credibly as to her past persecution in China and likelihood of future persecution. After the hearing, the Immigration Judge granted asylum relief for our client. She is now an asylee who will get her work permit soon and will be eligible to apply for permanent residency in one year.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Mexican

LOCATION: Galloway, OH

Our client contacted us in May 2020 to seek legal representation for his naturalization application. He came to the United States from Mexico and he obtained his green card in October 2017 through marriage to a US citizen.

We filed his N-400 on September 4, 2020 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On September 14, 2021, our client appeared at the Columbus, Ohio USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On September 16, 2021, 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-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently works in the Philippines. 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 Texas Registered Nursing 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 January 19, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on January 20, 2021. 

We filed the I-140 application on June 14, 2021 via regular processing. We included the job offer letter, notice of filing, financial ability to pay letter, and other necessary supporting documents. Eventually, on September 13, 2021, 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: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Hummelstown, PA

Our client came to the United States from Nigeria and studied in the U.S. on his F-1 status. He married a U.S. Citizen in November 2020 and retained our office on November 2, 2020 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 24, 2020.  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 24, 2021, our client was interviewed at the Philadelphia, PA USCIS office. On September 27, 2021, his green card application was approved.

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CASE: I-130 and I-485 Marriage Based Petition and Adjustment of Status 

 NATIONALITY: Filipina

 LOCATION: Houston, TX

Our client came from the Philippines on a J-1 visa. She was subject to the two-year foreign resident requirement. Our client would like to file her adjustment of status application along with her U.S. Citizen husband’s I-130 petition, however, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue her waiver under the No Objection Statement or Interest Government Agency (IGA) due to the lack of divorce laws in the Philippines (annulment takes 5 years average). She thus pursued  her J-1 waiver based on the exceptional hardship standard. 

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 she retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On July 2, 2018, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared for  affidavit of our client, an extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen husband’s medical conditions.  On July 16, 2018, our office filed the I-612 application to the USCIS. Eventually, the USCIS approved her I-612 waiver on February 25, 2020. 

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 7, 2020.  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 22, 2021, our client was interviewed at the Houston, Texas USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

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CASE: EB-3 I-140

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Mohave Valley, AZ

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 Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2014. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in June 2014.

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 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 filed the job order on October 14, 2019.  On January 10, 2020, we filed PERM. 

On July 29, 2020, the Department of Labor issued a request for audit. The DOL requested documents from 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 August 14, 2020.   

On December 21, 2020, the Department of Labor denied the PERM application due to non-receipt of the Audit response. In this case though, the 45-page audit response (including the audit, the cover letter, and all the supporting documents) was delivered by August 17, 2020, which was way before the deadline of August 31, 2020. Our office filed a Motion to Reconsider to the Department of Labor on December 22, 2020. Eventually, on May 13, 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 June 10, 2021 via regular processing service. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On September 7, 2021, our office filed a premium processing upgrade request to the USCIS upon our client’s request. Eventually, on September 22, 2021, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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CASE: I-751

APPLICANT: Lebanese

LOCATION: San Diego, CA

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

She is from Lebanon and she married a U.S. citizen in August 2018. Through her marriage, she obtained a 2-year conditional green card in April 2019.  Her conditional residency terminated in April 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 February 21, 2021, and our office prepared the I-751 application.

On March 2, 2021, our office filed the I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Eventually, on September 9, 2021, 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: I-130/I-485
Issue: Visa Waiver Entry
Applicant/Beneficiary – Korean
Location: Arp, TX

Our client entered the United States in March 2020 from South Korea under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days. 

She married to U.S. Citizen in September 2017. Since then, they have lived in South Korea. 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. As our office wrote in our previous success story with a similar issue, 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 client contacted our office for consultation and retained our office on May 5, 2020 for her adjustment of status application. Our office filed the I-130 Petition and I-485 Adjustment of Status Application on June 1, 2020. Our office requested the CIS to exercise favorable discretion in granting adjustment of status despite her visa waiver entry.  Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients. On September 14, 2021, our client was interviewed at the Dallas (Irving), Texas USCIS Field Office. Despite the visa waiver entry and subsequent adjustment of status issue, the USCIS officer approved her green card application on the same day. Now, our client is a green card holder.

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