CASE: I-130 and Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Son; Chinese Beneficiary Parents in China

LOCATION: Petitioner: Ohio; Beneficiary: China

I-130 FILED: June 9, 2017

I-130 APPROVED: December 5, 2017

IV APPROVED: September 26, 2018

Our client retained us to bring his parents over from China. He was born and raised in China, but was naturalized in the United States.

On June 9, 2017, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On December 5, 2017, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get his parents over to the United States.

On May 3, 2018, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s parents at the U.S. Consulate in Guangzhou, and we prepared them for their interview. On September 26, 2018, the U.S. Consulate in Guangzhou, China approved and issued their immigrant visa.

With the approved immigrant visa, our client’s parents can come to the United States immediately, and they will get their green cards within two months of entry.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Korean                                                                                                        

LOCATION: Des Moines, IA

Our client is from South Korea who came to the U.S. on F-1 student’s visa in 2007 to pursue her graduate studies. In July 2015, our client married her current U.S. citizen husband.  She retained our office in June 2017 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 21, 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 October 10, 2018, our client was interviewed at Des Moines Iowa USCIS office. Eventually, on October 11, 2018, her green card application was approved.

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CASE: I-360 and adjustment of status

CLIENT: Malaysian

LOCATION: Washington DC

Our clients’ father is a G-4 visa holder from Malaysia, who works for an international organization in the United States.  He has a son who came to the United States with him and sought legal assistance from our firm for his son’s permanent residency in the United States based on a special immigrant provision under the INA.

INA 101(a)(27)(I)(i) defines such an alien as “an immigrant who is the unmarried son or daughter of an officer or employee, or of a former officer or employee, of an international organization described in paragraph (15)(G)(i), and who:

1. While maintaining the status of a G4 nonimmigrant, has resided and been physical present in the United States for periods totaling at least one-half of the seven years before the date of application and for a period or periods aggregating at least seven years between the ages of five and 21 years
2. Applies for adjustment of status no later than his or her twenty-fifth birthday…

Based on this provision, we advised our client that his son will be eligible for adjustment of status application. He has been physically present in the U.S. for a period totaling at least one-half of the seven years before this date, aggregating at least seven years between the age of 5 and 21.  

Our client’s father retained our office on September 6, 2017.  Our firm prepared and filed the I-360 Petition and Adjustment of Status Application on January 31, 2018.  We included the letter from his father’s international organization for the verification purposes and their school transcript as well. Once the applications were filed, everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Eventually, on May 31, 2018, the USCIS approved both of I-360 and I-485 application for our client’s son.  He now becomes a green card holder.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Parent-Petition
CLIENT: US Citizen Petitioner Son; Armenian Beneficiary Parents in Armenia
LOCATION: Petitioner: Cleveland, OH; Beneficiary: Armenia

Our client retained us to bring his parents from Armenia to the United States.  He was born and raised in Armenia, but was naturalized in the United States. He filed the I-130 Petitions to the USCIS and it was approved before he retained our office.  He retained our office on June 21, 2018 for the immigrant visa processing phase of trying to get his parents over to the United States.

Once retained, we filed the immigrant visa packets to the National Visa Center on August 8, 2018, who in turn forwarded our clients’ materials to the U.S. Embassy in Yerevan, Armenia. An interview notice was set for the client at the US Embassy in Yerevan, and we prepared them for the interview. On October 2, 2018, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Yerevan, Armenia approved and issued their immigrant visas on October 3, 2018.

With the approved immigrant visa, our client’s parents can come to the United States immediately, and they will get their green cards within two months of entry.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Montana

Our client came from the Philippines on a J-1 Visa in August 2015 to work as a teacher. Based on her visa and DS-2019, she was subject to the two-year foreign residency requirement.

In February 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 promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On March 8, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On April 11, 2018, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On August 6, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 29, 2018, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina Nurse Manager in Manila, Philippines

LOCATION: Houston, TX

Our client’s beneficiary is a Filipina lady who has worked in the Philippines as a registered nurse. Our client 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 years of 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 registered 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 26, 2018 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 4, 2018, the USCIS Texas Service Center approved her EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), she can file her immigrant visa application.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nepalese                                                                                                        

LOCATION: Toledo, OH

Our client is from Nepal who came to the U.S. on an F-1 student visa to pursue his undergraduate degree. In May 2016, our client married his current U.S. citizen wife.  He retained our office on February 27, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 10, 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 call. On October 1, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients at their interview.  Eventually, on October 1, 2018, his green card application was approved.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: Madison, WI

Our client is a citizen of China who came to the U.S. on a J-2 Visa in 2013.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

He turned 21 in March 2018. He would like to get a waiver because he has a prospective employer who will file the H-1B petition for me next year. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in March 2018.

Our firm was retained to do his J-2 waiver, and on August 16, 2018, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on September 4, 2018, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On September 26, 2018, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-130 and Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Son; Cameroonian Beneficiary Father in Cameroon

LOCATION: Petitioner: Texas; Beneficiary: Cameroon

I-130 FILED: July 28, 2016

I-130 APPROVED: May 16, 2017

IV APPROVED: May 16, 2018

Our client retained us to bring his father over from Cameroon. He was born and raised in Cameroon, but was naturalized in the United States.

On July 28, 2016, our firm filed the I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On May 16, 2017, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get his father over to the United States.

On January 19, 2018, we filed the immigrant visa packet to the National Visa Center who in turn forwarded our client’s materials to the U.S. Embassy in Yaoundé, Cameroon. An interview notice was set for our client’s father at the U.S. Embassy in Yaoundé, Cameroon, and we prepared him for his interview. On May 16, 2018, the U.S. Embassy in Yaoundé, Cameroon approved and issued his immigrant visa.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: Cleveland, OH

Our client contacted our office in April of 2017 regarding her potential I-751 filing. She is from the Philippines and she married a U.S. citizen in April 2015. Through her marriage with a U.S. citizen spouse, she obtained her 2-year conditional green card in November of 2016. Therefore, her conditional residency terminated in November 2018.

Unfortunately, during their marriage, our client and her ex-husband went through struggles. Our client could not file I-751 application jointly with her ex-husband. After the consultation, we advised that we can help her file the I-751 application with a waiver of the joint filing requirement while her divorce was pending. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On April 20, 2017, our office filed the I-751 application with various supporting documents (over 10 exhibits and an affidavit over 4 pages) to demonstrate our client’s bona fide marriage with her ex-husband. 

Nevertheless, on August 30, 2018, the USCIS issued Request for Evidence (RFE) and requested to submit a divorce decree and more bona fide marital evidence. Our office filed the Response to RFE on September 7, 2018 along with her divorce decree and more bona fide marital evidence with her ex-husband. Eventually, on September 27, 2018, the USCIS approved our request for the removal of conditions on her permanent resident status without even an interview. Now, she has her ten-year green card.

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