CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary Special Education Teacher

LOCATION: Mohave Valley, AZ

Our client has an employer who was willing to do an I-140 Petition for her. Our client has a Bachelor’s degree in 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 retained us in October 2019. 

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 March 3, 2020.  On June 26, 2020, we filed PERM. 

On January 4, 2021, the Department of Labor issued an audit request. 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 January 29, 2021.   

Eventually, on May 20, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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CASE: N-400 Citizenship / Naturalization
APPLICANT: Indian
LOCATION: Mayfield Heights, OH

Our client contacted us in February 2021. She came to the United States from India and became a permanent resident in March 2016. She retained our office for her naturalization application on February 26, 2021. The main issue of her naturalization case was the one long, over six-month trip that she 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 almost a year in 2020. Our client was in India and wanted to stay there for less than 6 months, but she had to stay there more than 6 months due to the Travel Ban /Lockdown prompted by COVID. Our client wanted to rebut the presumption by arguing that her last trip was more than 6 months due to the COVID lockdown and she did intend to maintain her continuity of residency in the U.S. 

The brief and her N-400 application were filed on March 9, 2021. Our office prepared her for her interview via conference calls. Our client appeared at the USCIS Cleveland Field Office for her N-400 interview on May 13, 2021. Attorney Sung Hee (Glen) Yu from our office also accompanied our client.  She answered all questions correctly and passed her citizenship interview. Eventually, her N-400 was approved on May 17, 2021. Her oath taking is scheduled soon where she will become a U.S. Citizen.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Math Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition for a third-preference I-140.  He has  a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for his current employer since August 2016. Based on our client’s education and work background, our office determined that he is eligible for EB-3.  Our client eventually retained us in April 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. 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 August 12, 2020.  On November 5, 2020, we filed PERM. 

Eventually, on May 21, 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: I-130/I-485
Applicant/Beneficiary – German
Location: Cleveland, OH

Our client entered the United States in August 2020 from Germany 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 her U.S. citizen spouse in October 2020. 

In November 2020, they contacted our office and consulted with us regarding adjustment of status. They retained our office on November 2, 2020.  One 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.

Since our client resided in Cleveland, Ohio, her application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on November 12, 2020.  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 via conference calls. On May 14, 2021, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. The interview went well, and the USCIS approved her adjustment of status application on the same day of the interview.  Now, our client is a green card holder.

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CASE: I-751

APPLICANT: Korean

LOCATION: Cleveland, OH

Our client contacted our office in August of 2020 regarding her I-751 application.

She is from South Korea and she married a U.S. citizen in August 2018. Through her marriage, she obtained a 2-year conditional green card in December of 2018.  Her conditional residency terminated in December 2020.

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 August 20, 2020.

On September 18, 2020, 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 May 7, 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 (Petitions for Parents) and Adjustment of Status

CLIENT: Filipinos

LOCATION: Conroe, TX

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 July 2020 and discussed with us the green card process. After consultation, she retained our office on July 23, 2020.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 6, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on May 12, 2021, our client’s parents’ adjustment of status applications were approved. Now, they are green card holders.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Mongolian

LOCATION: Cleveland, OH

Our client came to the United States from Mongolia on a F-1 student visa. She married a U.S. Citizen in October 2020 and retained our office on October 14, 2020 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 27, 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 May 6, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Eventually, on May 12, 2021, our client’s green card application was approved.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Mohave Valley, AZ

Our client has a current employer that was willing to petition her for a third-preference position (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 professional background, our office determined that she is eligible for EB-3 classification. 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. 

Eventually, on May 13, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Mohave Valley, AZ

Our client has a current employer that as willing to petition her for a third-preference petition (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 retained us in June 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 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 July 20, 2020. On October 20, 2020, we filed PERM. 

Eventually, on May 11, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary without the audit. Our client can file the I-140 petition at any time.

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CASE: PERM Labor Certification

EMPLOYER: Heavy Equipment Rental Company

BENEFICIARY: Filipino KRB Electronic Test Engineer

LOCATION: Christiansted, VI

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 Electronics Engineering and has worked for his current employer since September 2017. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 12, 2019. 

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 April 28, 2020.  On September 24, 2020, we promptly filed PERM. 

Eventually, on May 7, 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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