CASE: I-751

APPLICANT: Filipina

LOCATION: Chicago, IL

Our client contacted our office in January of 2014 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in 2011. Through her marriage, she obtained a 2-year conditional green card in February of 2012.  Her conditional residency terminated in February 2014.

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 again on January 31, 2014 and our office prepared an I-751 application for our client with bona fide marriage documents.

On February 7, 2014, our office filed an I-751 application to the USCIS with joint bank statements, utility bills, insurance policies, joint tax records, affidavits from friends and family and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later.  However, USCIS issued a Request for Evidence (RFE) on June 2, 2014.  The USCIS requested our client to submit more documentary evidence to prove the bona fide nature of her marriage with her husband. In response to the RFE, our office prepared the response and gathered more joint documentary evidence to demonstrate the bona fide nature of her marriage. We filed the RFE response on July 23, 2014 to the USCIS.

Eventually, on July 31, 2014, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

{ 0 comments }

CASE: Change of Status / I-539
NATIONALITY: Filipina
LOCATION: Hawaii
DATE FILED: August 9, 2012
DATE APPROVED: October 5, 2012

Our client came from the Philippines on an H-4 visa (Dependent of H-1B). She was about to turn 20 years old, and wanted to attend a college in the U.S. Her father was still on an H-1B in Cleveland, but the job was not as secure as it was before. If he loses his job, our client will also lose her H4 status.

Her family contacted us. As parents, they wanted the best for their daughter, regardless of what happens to them in the future. Should the family lose their status, they just want to make sure their daughter continues in the States and attend college. They had relatives in Hawaii and they wanted her to stay with them as she goes to college. So they contacted us to get legal assistance for her change of status from H-4 to F-1.

Upon retention, we went into detail with their reasons for requesting a change of status. We made sure all addresses, contact information, and dates on their statements were complete and accurate. We made sure the SEVIS fees were paid and we obtained the I-20 document from our client. We prepared a brief that explained our client’s financial ability to go to school in the U.S.

The application was supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence from the CIS. Our firm filed the I-539 Extension Application on August 9, 2012. On October 5, 2012, her change of status application was approved by the USCIS with no Requests for Evidence. Now she can stay in the United States and go to college, regardless of what happens to her parents’ situation.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other F-1 visa success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations. <a href=”https://plus.google.com/107743308565341841259/posts?rel=author”>Google</a>

{ 0 comments }

CASE: PERM Labor Certification
EMPLOYER: Hospital
BENEFICIARY: Filipino Doctor
LOCATION: Erie, PA

Our client is a family doctor from the Philippines, who is currently working at a hospital in Erie Pennsylvania who was willing to do an immigration petition him for a second-preference petition (I-140).  Our client has an M.D. degree and is a licensed doctor in the state of Pennsylvania. He has maintained his status as an H-1B visa holder in the United States.  After talking to our client, our firm concluded that his potential employer can petition him as a Family Medicine Physician. Based on our client’s educational, professional and working background as a family doctor, our office determined that he is clearly eligible for the EB-2 classification for his I-140 petition.

Prior to filing PERM labor certification, 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 Labor Certification 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.  On May 10, 2012, we filed the PERM labor certification application.  Eventually, on July 17, 2012, a little after two months from filing, the PERM labor certification was approved – an EB2 position for the Filipino doctor. Now our client can file the I-140 Petition. He can file the I-485 green card application and I-765 once the priority dates becomes current.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other PERM labor certification success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Chicago, IL

Our client came to the United States in January 1994 with an H-1B visa from the Philippines. Although her authorized stay expired on December 29, 1994, she remained in the United States. She married a U.S. Citizen in January 2011 and retained our office a few months later.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 17, 2012.  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 call. On July 11, 2012, our client was interviewed at the Chicago, IL USCIS.  We accompanied our client at her interview as well.  On the same day, her green card application was approved.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage-based green card success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free phone or in-person consultations.

{ 0 comments }

The July 2012 Visa Bulletin is out, and please be informed that the EB2 Category is not current anymore for Mexico, Philippines, and “Other Countries”. India and China actually have an “unavailable” priority date and it will likely be “unavailable” until the October 2012 Visa Bulletin comes out.  Whereas other countries including the Philippines and Mexico have always been current on the EB2 category, now, based on the visa bulletin for July 2012, the priority date is January 1, 2009. This means that for Mexico, Philippines, and other countries, even if EB2 labor certifications are approved, the I-140 could not be filed simultaneous to the I-485 adjustment of status application. Even if the I-140 is approved, with the priority date listed as 2009, it may take close to 3 years before one can even file the adjustment of status application. For China and India, even those with I-140s approved and priority dates of 2008, 2009, and 2010 could not even file I-485s until the visa numbers become available, and their priority dates current.  Thus, it is very important to maintain non-immigrant status until the priority date becomes current again.

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

{ 0 comments }

CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipina
LOCATION: Des Plaines

Our client is a registered nurse, who is currently working at a large nursing and rehabilitation facility in Des Plaines, Illinois. Her employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). Since she was a registered nurse, 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 Professional Nurses is included in Schedule A.

Our client has a nursing degree and has more than 4 years related experience. Our office was retained on January 31, 2012 and we started on the Prevailing Wage Determination filing and other related matters.

We filed the I-140 application on March 29, 2012 via regular processing. We included the job offer letter, employment verification letters from our client’s previous employers, the notice of filing, her H-1B status approval notices, and other necessary supporting documents.  On May 5, 2012, upon our client’s request, we upgraded her processing to premium processing by filing an I-907 application with the required fees. However, the Nebraska Service Center issued Notice of Intent to Deny on May 17, 2012. The USCIS NSC argued about Petitioner’s normal recruiting procedures.  On May 23, 2012, our office filed a Response to Notice of Intent to Deny and argued that Petitioner has no in-house media and their normal procedures do not include the use of in-house media for the recruitment of similar positions. Also, Petitioner did place the notice of filing in accordance with the regulations and that was submitted at the I-140 filing.  On May 30, 2012, the I-140 was approved. Now, our client can file I-485 adjustment
of status application based on the approved I-140 petition when her priority date becomes current. She also will be eligible for a 3-year extension of her H-1B even if she is on her 6th year on H-1B.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other EB-3 I-140 success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }

CASE: Employment-Based Adjustment of Status / Derivative Beneficiary
CLIENT: Filipino
LOCATION: Des Plaines, IL

Our client came to the United States in 2007 with an H-4 visa as a dependent of his H-1B visa holding wife from the Philippines.  His wife was working as a registered nurse in the United States. His wife’s previous employer filed an I-140 petition under the EB-3 classification on her behalf.  The petition was later approved, and our client’s priority date was sometime in August, 2001.  Through our legal assistance, our client’s wife obtained her green card in March 2012.

In February 2012, our client sought legal assistance from our office regarding his adjustment of status application.  Based on our client’s wife’s approved I-140, our client was eligible to file for adjustment of status.  Our firm prepared and filed the I-485 Adjustment of Status Application and I-765 Employment Authorization Documentation on February 20, 2012.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time.  On May 16, 2012, the USCIS Nebraska Service Center approved our client’s adjustment of status application.  After a long wait, our client finally became a green card holder.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other employment-based adjustment of status  success stories, please click here.

For other family-based green card success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }

CASE: B-2 Visa Extension / I-539
NATIONALITY: Filipino
LOCATION: Cleveland, Ohio

Our clients came from the Philippines on B-2 visitor visas. They came to the United States in early June of 2011 to attend a Math competition in Las Vegas Nevada. Their visas were single entry ones good for only a month, but their tourist status upon entry was good for six months. .  They wanted to visit their grandmother from Ohio so after the competition, they visited her in Ohio. They consulted with our firm about a week before the expiration of their B-2 status. They wanted to extend their visit for six months to spend more time with their grandmother.

Upon retention, we went into detail with their reasons for requesting extension. We made sure all addresses, contact information, and dates on their statements were complete and accurate. We made sure all their plans were supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence from the CIS.  Our office submitted letters from family members in the United States and financial statements from the Philippines. We also submitted school ties from the Philippines as proof of their intention to retain. We also submitted return tickets prior to the expiration of the requested extension. Our firm filed the I-539 Extension Application on December 1, 2011, a day before the expiration of their status. On January 9, 2012, their B-2 status extensions were approved with no Requests for Evidence.  Now they can stay in the United States for six more months with their grandmother.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For more B1/B2 extension success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Cleveland, OH

Our client came to the United States in June 2008 with a B-2 tourist visa from the Philippines. She married a U.S. Citizen in June 2011 and retained our office in late August for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 20, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time.  Prior to the interview, we thoroughly prepared our clients at our office.  On December 22, 2011, our client was interviewed at the Cleveland, Ohio USCIS.  Attorney Sung Hee Yu accompanied them at the interview as well.  On the same day, her green card application was approved.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage-based green card success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }