CASE: Marriage Based Green Card (I-130 / I-485)

NATIONALITY: Philippines

LOCATION: Cherry Hill, NJ

Our client came from the Philippines on a J-1 in January 2018 as an exchange student. Based on her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States. 

In December 2018, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine EVP in the Philippines.

On January 30, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 11, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  They granted a No Objection Statement. 

On December 18, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on January 13, 2020, the USCIS issued an I-612 approval notice for the waiver. 

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 December 30, 2019.  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 October 8, 2020, our client was interviewed at the Mount Laurel, NJ 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: F-2A Category (Spouse of LPR) Green Card

CLIENT: Korean

LOCATION: Edgewater, NJ

Our client came to the United States from South Korea as a F-1 student. Later, she married her current husband, who is a green card holder, in January 2018

Our client retained our office in January 2018 for her I-130 petition. Our office prepared and filed an I-130 petition on August 22, 2018.  We could not file her I-485 adjustment of status application since the visa number was not available. 

In June 2019, her visa number became available. Though her I-130 petition was still pending, our office filed the I-485 adjustment of status application together with all necessary supporting documents on June 7, 2019. 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 3, 2020, our client was interviewed at the Newark, NJ USCIS office.  Eventually, on October 6, 2020, her green card application was approved.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physicians’ Office

BENEFICIARY: Kenyan Nurse Practitioner

LOCATION: Houston, TX

Our client is a family nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a family nurse practitioner, 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 Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a Certified Nurse Practitioner. Our office was retained on March 16, 2020, and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on September 25, 2020 via premium processing. We included the job offer letter, notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  Eventually, on October 14, 2020, the USCIS Texas Service Center approved her EB-2 I-140 petition without a Request for Evidence (RFE). Since the priority date for a Kenyan national is current for the EB-2 category, she is eligible to file her adjustment of status application now.

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

NATIONALITY: Korean

LOCATION: Cleveland, OH

Our client is from South Korea who came to the U.S. on a J-1 Visa in 2019 to work as a researcher. His J-1 program made him subject to the two-year foreign residence requirement. He retained our office to seek legal assistance for his I-140 (National Interest Waiver Classification) and I-485 Adjustment of Status applications. However, before we file his I-485 application, he has to get a waiver for his two-year foreign residency requirement first. 

Once retained, our office promptly prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Chicago to pursue the waiver for our client.  The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On June 25, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file a National Interest Waiver petition and adjustment of status application.

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On September 14, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on October 6, 2020, the USCIS issued I-612 approval notice and waived our client’s 2 year foreign residency requirement.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: Waukegan, IL

Our client contacted our office in September of 2018 regarding a response to the RFE for her I-751 filing. She is from the Philippines and she married a U.S. citizen in February 2013. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in February of 2015. Therefore, her conditional residency terminated in February 2017. She filed the I-751 with her husband in November 2016. However, she got an RFE from the USCIS.

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They lived separately for a while and their divorce proceeding was initiated. Our client could not proceed with the I-751 joint filing with her ex-husband. After consultation, we advised that we can respond to the RFE and convert her application to one with a waiver of the joint filing requirement. We requested a waiver because our client entered into marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On October 23, 2018, our office filed the Response to RFE with a conversion request from joint to waiver. The response had various supporting documents (over 15 exhibits and an affidavit over 6 pages) to demonstrate our client’s bona fide marriage with her ex-husband.  

In September 2020, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference call with potential issues at the interview. On September 29, 2020, our client was interviewed for her I-751 application at the USCIS Chicago, IL Field Office. The interview was very extensive and the officer questioned her a lot.  Nevertheless, the USCIS approved her I-751 application on October 9, 2020. Now, she has her ten-year green card.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: West Springfield, MA

Our client contacted us in February 2020 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 May 2015.

His N-400 application was filed on March 4, 2020 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On October 2, 2020, our client appeared at the Lawrence, MA USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. 

Eventually, his application was approved on the same day of the interview and he took his oath right away. He is now a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: West Springfield, MA

Our client contacted us in July 2020 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and he obtained his green card in August 2015.

His  N-400 application was filed on July 14, 2020. Prior to his citizenship interview, our office prepared him via conference calls.  On October 13, 2020, our client appeared at the Lawrence, MA USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. 

Eventually, his application was approved on the same day of the interview and he took his oath right away. He is now a naturalized U.S. Citizen.

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CASE: EB-2 I-140

EMPLOYER: Nutrition Management Company

BENEFICIARY: Taiwanese Consulting Dietician

LOCATION: Kittanning, PA

Our client has a current employer that was willing to petition her for a second-preference petition (I-140).  Our client has a master’s degree in nutrition, a valid state dietician license, and has worked for her current employer since November 2018. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification for her I-140 petition.  

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 8, 2019.  On February 22, 2020, we filed PERM.  On June 18, 2020, the PERM Labor Certification was approved – an EB2 position for the Taiwanese 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 August 28, 2020 via regular processing. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On October 1, 2020, our office filed a premium processing upgrade request to the USCIS upon our client’s request. Eventually, on October 14, 2020, the I-140 EB2 Petition for our Taiwanese client was approved without any Request for Evidence (RFE). 

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Eagle Butte, SD

Our client came from the Philippines on a J-1 in August 2015 to work as a teacher. She was subject to the two-year foreign residency requirement. She now has a US Citizen child and she wishes to apply for a waiver. 

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact that she has a U.S. citizen child. 

On July 12, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We then prepared the EVP Packet upon receipt of her documents. On November 14, 2020, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  They eventually approved the No Objection Statement, forwarded the approval to the Philippine Consulate in DC to issue the official NOS, and the then on September 10, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 23, 2020, the USCIS issued an I-612 approval notice for the waiver.

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CASE: Asylum

CLIENT: Chinese

LOCATION: Middleburg Heights, OH

Our client, a Chinese asylum seeker in Middleburg Heights, OH, retained us on May 21, 2015 to help him with his asylum case. He came to the United States in July 2014 on a F-1 Student visa from China. He wanted to seek asylum with the US Citizenship and Immigration Service.

While he was in China, he was persecuted and mistreated by the government based on Christianity. He is scared to go back home to China, fearing that he will be persecuted again.

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 claims. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution that Chinese Christians would suffer.

The asylum application was filed on July 13, 2015 which was within one year of his entry.  In 2019, the CIS issued an interview notice for his, scheduled for January 17, 2019 in Cleveland, Ohio. Prior to his interview, our office prepared him at our office. Attorney JP Sarmiento from our office also accompanied our client at the interview. 

On September 29, 2020, the USCIS approved our client’s asylum case. He is now an asylee and will be eligible to apply for permanent resident status in one year. 

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