CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Allentown, PA

Our client came to the United States from Ghana with a F-1 student’s visa. He married his US citizen wife in July 2021. He retained our office on October 4, 2021 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 20, 2021. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our client via conference call. On April 12, 2022, our client was interviewed at the Philadelphia, PA USCIS office. On April 13, 2022, our client’s green card application was approved.

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

EMPLOYER: Physician’s Office

BENEFICIARY: Taiwanese Nurse Practitioner

LOCATION: New York, NY

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, she was 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 August 27, 2021 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on March 15, 2022 via premium processing. We included the job offer letter, the 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. However, the USCIS issued a Request for Evidence (RFE) for our client’s notice of job filing. Our office filed a response to RFE on March 31, 2022.  Eventually, on April 12, 2022, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Taiwanese nationals are current for the EB-2 category, she is eligible to file her adjustment of status application now.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Malaysian                                                                                     

LOCATION: Urbana, IL

Our client is from Malaysia who came to the U.S. on a F-1 visa. In November 2020, our client married her current U.S. citizen husband.  She retained our office on March 16, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 22, 2021.  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 call. On October 14, 2021, our client was interviewed at the Chicago, IL USCIS office. Eventually, on April 14, 2022, her green card application was approved.

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CASE: Asylee Adjustment of Status
CLIENT: Chinese
LOCATION: Fremont, CA

Our client came to the United States from China and was granted asylum in November 2019.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status. Around November 2020, our client contacted our office again and sought legal assistance for his adjustment of status.  We prepared and filed his I-485 Adjustment of Status Application on November 13, 2020. Everything went smoothly and the receipt notice and fingerprint appointment all came on time.

On April 11, 2022, the USCIS approved our client’s Adjustment of Status application without an interview. He is now a permanent resident of the United States.

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CASE: I-751

APPLICANT: Cameroonian

LOCATION: San Francisco, CA

Our client contacted our office in July 2020 regarding his I-751 application.

He is from Cameroon and he married a U.S. citizen in October 2017. He obtained his 2-year conditional green card in September 2018. His conditional residency terminated in September 2020.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on July 14, 2020. On July 31, 2020, our office filed the I-751 application to the USCIS. On February 23, 2022, the USCIS issued a Request for Evidence. On April 4, 2022, our office filed the Response to RFE to the USCIS. On April 14, 2022, the USCIS approved our client’s I-751 application. He received her 10-year green card.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ukrainian

LOCATION: North Royalton, OH

Our client came to the United States from Ukraine in June 2019 on her B-2 visa. Since then, she has remained in the United States. She married a U.S. Citizen in December 2021. She retained our office on December 20, 2021 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 27, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Prior to the interview, we prepared our clients via conference call. On April 5, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney JP Sarmiento, Esq. from our office also accompanied our clients. On April 7, 2022, our client’s green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Moroccan

LOCATION: Doral, FL

Our client contacted us in March 2021 to seek legal representation for his application. He came to the United States from Morocco and obtained his green card in August 2018 through his marriage to his US Citizen spouse. 

His N-400 application was filed on July 26, 2021 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On April 4, 2022, our client appeared at the Hialeah, FL USCIS office for his naturalization interview. Our client answered all questions correctly and passed his interview. On April 5, 2022, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Asylee Adjustment of Status
CLIENT: Saudi Arabian
LOCATION: Brooklyn, NY

Our client came to the United States from Saudi Arabia and he was granted asylum in September 2019.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status. Around February 2021, our client contacted our office again and sought legal assistance for his adjustment of status application. We prepared and filed his I-485 Adjustment of Status Application on February 23, 2021. Everything went smoothly and the receipt notice and fingerprint appointment all came on time.

On April 1, 2022, the USCIS approved our client’s Adjustment of Status application without an interview. He is now a permanent resident of the United States.

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CASE: I-130 (Petitions for Parents) and Adjustment of Status

CLIENT: Indians

LOCATION: Westlake, OH

Our client retained us to petition for her parents for a green card. Our client was born and raised in India, but was naturalized in the United States. She contacted our office in January 2021 and discussed with us the green card process. She retained our office on January 12, 2021.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 22, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On April 1, 2022, the applications were approved. They are now green card holders.

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CASE: I-130 (Petition for Parent) and Adjustment of Status
CLIENT: Filipina
LOCATION: Laughlin, NV

Our client retained us to petition for his mother who came to the U.S. from the Philippines. Our client is a naturalized US citizen and his mother came to the United States in July 2021 with a B-2 visa from the Philippines. He contacted our office in August of 2020 and discussed with us regarding his I-130 petition and his mother’s adjustment of status application. After consultation, he retained our office on August 3, 2021. 

Our firm prepared and filed the I-130 Immigrant Visa Petition and the I-485 Adjustment of Status Application on September 9, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On March 31, 2022, our client’s adjustment of status application was approved.

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