CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino

LOCATION: Sacramento, CA

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in September 2016. Since then, he has remained in the United States.  In June 2019, our client married his U.S. citizen wife.  He retained our office on August 26, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 27, 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 at our office via conference calls. On November 22, 2021, our client was interviewed at the Sacramento, CA USCIS office. Eventually, on November 23, 2021, his green card application was approved.

{ 0 comments }

CASE: I-130/I-485

NATIONALITY: Filipina

LOCATION: Pittsburg, CA

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2018.  She came with her mother who entered on a J-1 Visa for her employment 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.

She turned 21 in July 2019.  She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without fulfilling the 2-year 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 July 2019.

Our firm was retained to do her J-2 waiver and on January 14, 2020, 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 June 1, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 15, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

Once her J-2 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 July 24, 2020.  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 November 8, 2021, our client was interviewed at the San Francisco, CA USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                         

LOCATION: Tujunga, CA 

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in October 2008. Since then, she has remained in the United States. In March 2016, our client married her U.S. citizen husband.  She retained our office on March 24, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 6, 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 calls. On October 20, 2021, our client was interviewed at the Los Angeles, CA USCIS office. On October 21, 2021, her green card application was approved.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Canadian

LOCATION: Irvine, CA

Our client contacted us in September 2020 to seek legal representation for her naturalization application. She came to the United States from Canada and obtained her green card in December 2011.

We filed her N-400 application on September 30, 2020. Prior to her citizenship interview, our office prepared her via conference calls.  On September 23, 2021, our client appeared at the Santa Ana, CA USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On September 29, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: I-751

APPLICANT: Lebanese

LOCATION: San Diego, CA

Our client contacted our office in February of 2021 regarding her I-751 application.

She is from Lebanon and she married a U.S. citizen in August 2018. Through her marriage, she obtained a 2-year conditional green card in April 2019.  Her conditional residency terminated in April 2021.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on February 21, 2021, and our office prepared the I-751 application.

On March 2, 2021, our office filed the I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Eventually, on September 9, 2021, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE).  Our client received her 10-year green card which removed the conditions.

{ 0 comments }

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

NATIONALITY: Chinese

LOCATION: La Jolla, CA

Our client is a citizen of China who came to the U.S. on a J-2 Visa in February 2013.  She came with her father who was on a J-1 Visa. 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.

She turned 21 in December 2020.  By getting a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the requirement or obtaining a 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.  

Our firm was retained to do her J-2 waiver and on March 4, 2021, 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 August 31, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 2, 2021, the USCIS issued an I-612 approval notice..

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Sunnyvale, CA

Our client contacted us in August 2020 to seek legal representation for her naturalization and application. He came to the United States from China and obtained her green card in December 2014.

Upon retention, her N-400 application was filed on September 18, 2020. Prior to her citizenship interview, our office prepared her via conference calls.  On June 15, 2021, our client appeared at the Santa Clara California USCIS office for her naturalization interview. Our client answered all questions correctly and passed her interview. Eventually, on September 8, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Canadian

LOCATION: Davis, CA

Our client came to the United States from Canada on a H-1B visa. He married a U.S. Citizen in April 2017 and retained our office on February 12, 2019 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 18, 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 August 23, 2021, our client was interviewed at the Sacramento, California USCIS office. Eventually, our client’s green card application was approved on the same day.

{ 0 comments }

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

NATIONALITY: Philippines

LOCATION: Sunnyvale, CA

Our client came from the Philippines on a J-1 in August 2017. She was subject to the two-year foreign residency requirement. 

In July 2019, she got married to her U.S. citizen husband and later on retained our firm for her J-1 visa waiver. On October 16, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On November 26, 2019, 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 May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 18, 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 Adjustment of Status Application on May 22, 2020.  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 August 11, 2021, our client was interviewed at the Santa Clara, CA USCIS office.  The interview went well, and eventually, on August 17, 2021, her green card application was approved.

{ 0 comments }

CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Korean Registered Nurse 

LOCATION: Santa Ana, CA

Our client is  Korean registered nurse who currently works as a under an OPT. Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

Since she is a registered nurse, 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 Professional Nurses is included in Schedule A.

Our client has a nursing degree and has a California Registered Nurse License. Our firm told her that her current employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on January 29, 2021 and we started on her Prevailing Wage Request.

We filed the I-140 application on June 29, 2021 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  Without any issuance of a Request for Evidence (RFE), on July 13, 2021, the I-140 was approved. Now, our client can file an adjustment of status application based on the approved I-140 petition.

{ 0 comments }