CASE: I-485 Adjustment of Status / 245(k)

APPLICANT: Filipino Speech Language Pathologist

LOCATION: North Dakota

Our client has a current employer that was willing to petition him for a second-preference I-140.  Our client has a master’s degree in speech language pathology, a valid North Dakota speech language pathologist license, and has worked for his current employer since August 2015. Based on our client’s education and work background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in March 2017.

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 June 20, 2017. On December 13, 2017, we promptly filed PERM. Eventually, on April 26, 2018, 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 July 26, 2018 via premium processing service.

However, on August 6, 2018, the USCIS Nebraska Service Center issued Request for Evidence (RFE) and requested our client to submit the documents to show special skills for Beneficiary. On September 5, 2018, our office filed Response to RFE and included the letter from the Petitioner regarding the proof that Beneficiary already obtained his special skills for the proffered position. Eventually, on September 14, 2018, the I-140 EB2 Petition for our Filipino client was approved. 

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his immediate family members. However, our office was informed that our client’s DS-2019 was not extended by his employer and he has continuously worked for his employer without the DHS’ authorization. Thus, he worked without authorization and overstayed his visa status. 

Section 245(k) of the Immigration and Nationality Act can render the normal bars to adjustment of status found in section 245(c)(2), (c)(7), and (c)(8) inapplicable to certain employment-based adjustment of status applicants who, since their last lawful admission to the United States have not, for an aggregate period of more than 180 days: 

1. Failed to maintain, continuously, a lawful status; 
2. Engaged in unauthorized employment; or 
3. Otherwise violated the terms and conditions of his or her admission

INA §245(k). 

An eligible derivative of an alien may benefit from section 245(k) in his or her own right if he or she has failed to maintain continuously a lawful status, worked without authorization, or otherwise violated the terms and conditions of his or her admission for an aggregate of 180 days or less pursuant to a lawful admission. 

(See page 2, Neufeld Memorandum July 14, 2008, “Applicability of section 245(k) to Certain Employment-Based Adjustment of Status Applications filed under Section 245(a). 

At least, our client has not accrued over 180 days of “failure to maintain lawful status” nor over 180 days of “unauthorized employment”, and as such, he was still eligible to adjust status based on the I-485 filing through INA 245(k).

On December 21, 2018, our office filed an I-485 adjustment of status application for our client and his immediate family members. Our office also submitted a detailed cover brief and explained why our client is still eligible for the adjustment of status through 245K subsection despite his overstay and unauthorized employment.  Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On November 6, 2019, our client was interviewed at Minneapolis, Minnesota USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Though interview was thoroughly held, on November 8, 2019, their I-485 applications were approved by the USCIS. 

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Zimbabwean

LOCATION: Pflugerville, TX

Our client contacted us in April 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Zimbabwe and obtained her green card in July 2014.

Upon retention, her N-400 application was filed on April 22, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference call.  On September 19, 2019, our client appeared at the San Antonio, Texas USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on November 4, 2019. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: Sherman Oaks, CA

Our client came to the United States from India with a F-1 student’s visa. She married a U.S. Citizen in November 2018 and retained our office on December 28, 2018 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 17, 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 via conference calls. On November 13, 2019, our client was interviewed at the Chatsworth, California USCIS office. Eventually, on the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Korean

LOCATION: Cleveland Heights, OH

Our client came to the United States from South Korea with a F-1 student visa. He married a U.S. Citizen in May 2019 and retained our office on June 10, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 17, 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 as well. On November 4, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Moroccan

LOCATION: Strongsville, OH

Our client came to the United States from Morocco with a B-2 visitor’s visa in October 2016. After her authorized stay period was over, she remained in the United States.  She married a U.S. Citizen in March 2019 and retained our office on March 19, 2019 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 24, 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 as well. On November 1, 2019, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Taiwanese

LOCATION: New York, NY

Our client came to the United States from Taiwan with an H-1B work visa in 2018. She married a U.S. Citizen in November 2018 and retained our office on January 8, 2019 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 29, 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 via conference calls. On November 5, 2019, our client was interviewed at the New York, NY USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: EB-3 I-485 Adjustment of Status    
EMPLOYER:  Oleo-chemical manufacturer company in Boston, MA
BENEFICIARY: Malaysian Financial Planning & Analysis Manager

Our client is from Malaysia. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Business Administration. After talking to our client, our firm concluded that his employer can petition him as a Financial Planning & Analysis Manager. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification. 

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 May 2, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on August 14, 2018. On October 17, 2018, we promptly filed PERM. Eventually, on January 8, 2019, the PERM Labor Certification was approved – an EB3 position for the Malaysian 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 February 1, 2019 via premium processing service. Eventually, on February 14, 2019, the I-140 EB3 Petition for our Malaysian client was approved without any Request for Evidence (RFE). 

Once the I-140 petition was approved, our client retained our office again for the I-485 adjustment of status applications for him and his wife. Our office filed an I-485 adjustment of status application for our clients on March 15, 2019. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On November 6, 2019, our client was interviewed at Boston Massachusetts USCIS office. Eventually, on the same day of the interview, our clients’ green card applications were approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Huntington Beach, CA

Our client came to the United States from the Philippines with a B-2 visitor’s visa in July 2018. She married a U.S. Citizen in October 2018 and retained our office on November 13, 2018 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 26, 2018. 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 November 6, 2019, our client was interviewed at the Santa Ana, California USCIS office. Eventually, on November 7, 2019, her green card application was approved.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Indian

LOCATION: New York, NY

Our client came to the United States in November 2018 as a K-1 visa entrant from India.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States. She married in November of 2018. 

Our client contacted our office again and consulted with us for her adjustment of status application. In fact, our office helped her K-1 visa processing. She retained our office again in December 2019. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on December 5, 2018.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

Thereafter, the USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients via conference calls. On November 1, 2019, our clients were interviewed at the New York, New York USCIS office. Eventually, on the same day of the interview, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Mongolian

LOCATION: Wadsworth, OH

Our client contacted us in April 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Mongolia and she obtained her green card in June 2013.

Once retained, her N-400 application was filed on June 7, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On November 1, 2019, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on the same day of her interview. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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