CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                      

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in January 2018. In May 2018, our client married her U.S. citizen husband.  She retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 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 at our office. On November 20, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our client. On November 27, 2018, her green card application was approved.

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CASE: Adjustment of Status / 245i / I-140 (EB-2)    
APPLICANT: Filipino Hydraulic Power Unit Design and Installation Project Manager

LOCATION: Houston, TX

Our client is from the Philippines. His prospective employer was willing to do an immigration petition for him, second-preference. Our client has a Bachelor’s degree in Maritime Transportation and has more than 5 years of work experience as a Hydraulic Equipment Installer / Operator. After talking to our client, our firm concluded that his employer can petition him as a Hydraulic Power Unit Design and Installation Project Manager. Based on our client’s education and work background, our office determined that he is eligible for EB-2 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 September 12, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on January 10, 2017. On May 3, 2017, we promptly filed PERM. Eventually, on August 11, 2017, 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 September 6, 2017 via premium processing service. Eventually, on September 21, 2017, the I-140 EB-2 Petition for our Filipino client was approved without any Request for Evidence (RFE).

Then, he retained our office for the adjustment of status applications for him and his family members. In fact, our client failed to maintain his status in the United States; nonetheless, he could be eligible to file adjustment of status under the INA Section 245(i). Our client is the derivative beneficiary of an I-130 F3 petition filed by his US Citizen grandfather to his mother filed back in April 1993 and approved in July 1993. Our client was 14 years old at that time.

INA Section 245(i) allows a person to apply to adjust status notwithstanding the fact that he overstayed his immigration status.  Thus, a person who entered legally but overstayed can adjust status based on an approved and current I-140 EB2 Petition if he paid the special fee required of $1000 and files Supplement A to I-485, as long as he is the beneficiary or derivative beneficiary of any approvable immigrant petition under section 204 (including I-130 F3 Petitions) that was filed on or before April 30, 2001 and proves physical presence as of December 21, 2000. INA 245(i). Beneficiaries or derivative beneficiaries who were petitioned prior to January 14, 1998 do not have to prove physical presence in 2000.

According to the Robert Bach’s “Accepting Applications for Adjustment of Status Under Section 245(i) of the “Immigration and Nationality Act” memorandum (“Bach Memo June 10, 1999).  

“Section 245(i) defines the term “beneficiary” to include a spouse or child eligible to receive a visa under section 203(d) of the Act’ This applies to spouses or children ‘accompanying or following to join’  the principal alien…. The spouse or child of a grandfathered alien as of January 14 is also grandfathered for 245(i) purposes. This means that the spouse or child is grandfathered irrespective of whether the spouse or child adjusts with the principal. The pre-January 15 spouse or child also are grandfathered even after losing the status of spouse or child, such as by divorce or by becoming 21 years of age…

Often, a principal alien who has filed a visa petition or labor certification application will have a “child” who reaches the age of 21, and thus no longer meet the statutory definition of child, before the petition or application is approved or the principal alien adjusts status. However, such an “aged-out” beneficiary will remain a beneficiary for the purpose of determining whether he or she may use section 245(i) to adjust status.”

(Bach Memo June 10, 1999)

Thus, since our client was the derivative beneficiary of an I-130 F3 Petition filed in April 1993, which was before January 14, 1998, he and his family are eligible for adjustment of status by virtue of INA 245(i) despite their overstay.

Our office filed their I-485 adjustment of status applications under the 245(i) category for our client on October 24, 2017.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. We thoroughly prepared our clients prior to their interviews as well.

On August 17, 2018, our client was interviewed at the Houston, Texas USCIS Field Office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, their green card applications were approved by the USCIS on November 14, 2018.

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CASE: Immigrant Visa / I-140 (EB-2 Category) / Schedule A

APPLICANT: Filipina Nurse Manager in Winnipeg Canada

LOCATION: Petitioner is Houston, TX; Applicant is in Winnipeg Canada

Our client is a Filipina lady who has worked in Canada and the Philippines as a staff nurse. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a bachelor’s degree in nursing and more than 5 years of experience as a staff nurse. She also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on September 22, 2017 via premium processing. We included a job offer letter, the notice of filing, employment letter, past experience letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why the nurse manager position falls under a Schedule A and EB2 designation. Eventually, on October 6, 2017, the USCIS Texas Service Center approved her EB-2 I-140 petition.

Once her I-140 was approved, our client retained our office again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on March 19, 2018, who in turn forwarded the client’s materials to the U.S. Consulate General in Montreal, Canada. An interview notice was set for the client at the U.S. Consulate General in Montreal, Canada. On November 16, 2018, our client appeared at the U.S. Consulate General in Montreal, Canada. The interview went well, and the Embassy approved and issued her immigrant visa.

With the approved Immigrant Visa, our client can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Russian                                                                                                  

LOCATION: Cleveland, Ohio

Our client is from Russia who came to the U.S. on a B-2 visitor’s visa in January 2018. In April 2018, our client married her current U.S. citizen husband.  After she got married, she retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 25, 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 at our officel. On November 19, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our clients. Eventually, on November 21, 2018, her green card application was approved.

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CASE: I-485 Adjustment of Status after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Ukrainian
LOCATION: Los Angeles, CA

Our Ukrainian client came to the United States in March 2010 on a J-1 visa. Her program was not subject to the 2 year foreign residency requirement. She remained in the United States since then. Later, she filed an asylum application to the USCIS and her asylum case was referred to the Los Angeles Immigration Court.

In May 2016, she married her U.S. citizen husband and an I-130 petition was filed for her. While her I-130 petition was pending, the Immigration Judge administrative closed her removal proceedings. Eventually, the I-130 petition was approved in February 2017.

Once the I-130 petition was approved, our client contacted our office to seek a legal representation at the Immigration Court and adjustment of status hearing. She also wanted us to file Request to Join in a Motion to Terminate to USDHS office in Los Angeles, CA.   

Our client retained us on February 20, 2017. Once retained, our office filed Motion to re-calendar to the LA immigration court. Her case was re-calendared on the IJ’s docket and her individual hearing date was scheduled. Later, our office filed Request to Join in a Motion to Terminate to USDHS office in Los Angeles on November 10, 2017. However, the DHS office refused to join in a Motion to Terminate. Thereafter, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the Los Angeles Immigration Court.   

On May 24, 2018, Attorney Sung Hee (Glen) Yu represented our client’s at her Individual Hearing for adjustment of status at the Los Angeles Immigration Court.  Prior to the hearing, Immigration Judge held a pre-trial conference with Attorney Yu and the DHS counsel. During the pre-trial conference, and all of the possible issues were examined. At the conclusion of the conference, DHS agreed not to oppose our Motion to Terminate without prejudice.

Our office filed Unopposed Motion to Terminate without prejudice to USDHS office in Los Angeles, CA on June 21, 2018. On June 29, 2018, the Immigration Judge granted our motion and terminated our client’s case without prejudice.

Our office informed the USCIS that our client’s removal proceeding was terminated. The USCIS scheduled the adjustment of status interview for our client. Prior to the interview, we thoroughly prepared our clients via conference call. On November 19, 2018, our client was interviewed at the Los Angeles, CA USCIS. After the interview, her I-485 application was approved.  Now, our client became a green card holder.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Jamaican                                                                                                  

LOCATION: Charlotte, NC

Our client is from Jamaica who came to the U.S. on a B-2 visitor’s visa in 2017. In September 2017, our client married his current U.S. citizen wife.  He retained our office on May 2, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 27, 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 20, 2018, our client was interviewed at the Charlotte North Carolina USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. On the same day of the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                      

LOCATION: Baltimore, MD

Our client is from the Philippines who came to the U.S. on an H-4 visa in 2006.  In May 2017, our client married her current U.S. citizen husband. After she got married, she retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 6, 2017. 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 as well. On August 8, 2018, our client was interviewed at the Baltimore, Maryland USCIS office. Eventually, on October 19, 2018, her green card application was approved.

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CASE: EB-3 I-140    
EMPLOYER:  Architecture Company in Cleveland, OH
BENEFICIARY: Chinese Architectural Designer

Our client is from China. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Architecture. After talking to our client, our firm concluded that his employer can petition him as an Architectural Designer. 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 February 20, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on June 6, 2018. On August 28, 2018, we promptly filed PERM. Eventually, on October 29, 2018, the PERM Labor Certification was approved – an EB3 position for the Chinese 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 November 6, 2018 via premium processing service. Eventually, on November 16, 2018, the I-140 EB3 Petition for our Chinese client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green card once his priority dates become current.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Philadelphia, PA

Our client came to the United States from Nigeria on a B-2 Visitor’s visa in January 2010. After his authorization of stay period expired, he remained in the United States.  He married a U.S. Citizen in August 2017 and retained our office on August 8, 2017 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 25, 2017.  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 14, 2018, our client was interviewed in Philadelphia, Pennsylvania. Eventually, on November 14, 2018, his green card application was approved.

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CASE: I-485 (EB-3)

APPLICANT: Korean Fashion / Technical Designer

LOCATION: Los Angeles, CA

Our client has a prospective employer that was willing to petition her for a third-preference petition (I-140).  Our client has a bachelor’s degree in a fashion design and has relevant work experience. Based on our client’s education and work background, our office determined that she is clearly eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in February 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 23, 2017. On August 28, 2017, we promptly filed PERM.

However, on January 24, 2018, 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 February 5, 2018.  Eventually, on May 7, 2018, the PERM Labor Certification was approved – an EB3 position for the Korean 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 May 18, 2018 via premium processing service. Eventually, on June 1, 2018, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On June 21, 2018, our office filed an I-485 adjustment of status application for our client. 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 13, 2018, our client was interviewed at Los Angeles California USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. Eventually, her I-485 application was approved by the USCIS on November 14, 2018.

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