CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipino
LOCATION: Des Plaines, IL

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

Our client has a nursing degree and has several years of related experience. During the consultation, our firm concluded that his employer can petition him as a Registered Nurse under the schedule A category. 

We filed the I-140 application on March 18, 2020 via regular processing. We included the job offer letter, the notice of filing, his H-1B status approval notices, and other necessary supporting documents.  On July 24, 2020, upon our client’s request, we upgraded his case to premium processing by filing an I-907 application with required fees. On August 11, 2020, the I-140 was approved.

Once his I-140 was approved, he retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application October 13, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on July 22, 2021, his green card application was approved without an interview.

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CASE: I-485 based on Approved I-140 (EB-3 Skilled worker)

 APPLICANT: Filipina

 LOCATION: Champaign, IL

Our client is a rehabilitation aide from the Philippines, who is currently working at a rehabilitation center in Champaign who did an I-140 for her. The priority date is May 1, 2019.

In August 2020, she contacted our office and retained us for an I-485 adjustment of status application for her and her immediate family members (husband and two daughters). Our office filed the I-485 adjustment of status application for our clients on October 1, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on July 8, 2021, their green card applications were approved without an interview.

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CASE:  Joint Motion to Reopen / Adjustment of Status at the EOIR
CLIENT: Pakistani
LOCATION: Chicago, IL

Our client is a Pakistan citizen who currently resides Chicago, IL with her US citizen husband.  Our client entered to the United States with a valid L-2 visa in November 2000.  She was granted withholding of removal in July 2006 by the Philadelphia Immigration Court.  She has remained in the United States thereafter. 

In 2018, our client marred her U.S. citizen husband. However, for her to get a green card, her case should first be reopened in the Immigration Court for her to apply for adjustment of status either with the Court, or with the CIS should proceedings be terminated after reopening. 

In February 2018, our client contacted our office and sought legal assistance for her immigration matters.  After thorough consultation, our client retained us on February 21, 2018.  Upon the retention, we first prepared and filed her husband’s I-130 petition for her. We filed the I-130 petition to the USCIS on March 7, 2018, and the USCIS approved the I-130 in October 2018. Once the I-130 petition was approved, we filed a Request to Join in a Motion to Reopen to USICE-DHS office in Philadelphia.  Our cover brief explained how she got her withholding of removal status, approval of I-130, and her prima facie eligibility to apply for adjustment of status. 

The DHS office in Philadelphia finally agreed to join in the Motion to Reopen and an assigned counsel signed on the Motion. In October 2019, the Motion to Reopen was granted by the Philadelphia Immigration Court and our office immediately filed a Change of Venue Motion to move our client’s case from Philadelphia to Chicago.  

Once her case was moved to the Chicago Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents. 

On July 9, 2021, Attorney Sung Hee (Glen) Yu represented our client at her Individual Hearing for adjustment of status at the Chicago Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal proceeding is terminated simultaneously. Now, our client is a green card holder.  

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CASE: I-140 (Skilled Worker) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Kyrgyz

LOCATION: Rockford, IL

Our client’s beneficiary is a registered nurse from Kyrgyzstan and licensed in the state of Illinois. She came to the United States on a F-1 student’s visa.  Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). 

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 an Associate of nursing degree and has 2 years of work experience as a Registered Nurse. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on November 3, 2020 and started on her Prevailing Wage Request.

We filed the I-140 application on June 16, 2021 via premium processing. We included the job offer letter, the notice of filing, employer’s financial ability to pay letter, and other necessary supporting documents. Eventually, on June 28, 2021, the I-140 was approved without any Request for Evidence (RFE).

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CASE: N-400 Citizenship / Naturalization
APPLICANT: Filipino
LOCATION: Chicago, IL

Our client contacted us in August 2020. He came to the United States from the Philippines and became a permanent resident in 2003. He retained our office for his naturalization application on August 3, 2020. The main issue of his naturalization case was the two long, over six-month trips that he had within the past five years. 

According to INA §316(b) and 8 C.F.R. §316.5.(c)(1)(i), an absence between 6 months and 1 year from the United States raises a rebuttable presumption that continuity of residence has been interrupted. That would be an issue in naturalization cases, where continuity of residence is essential. Applicants with this issue should rebut that presumption. 

Our client was out of the United States for almost a year in consecutive years. Our client was in Switzerland during that time due to completion of his studies.  In our brief, we cited Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007), which held that in cases where an applicant left the country to study abroad after they became a permanent resident, the courts have ruled that such study does not result in abandonment of residency. We asked the CIS to also apply this to our client’s case since the facts in Li case is very analogous to our client’s. 

The brief and his N-400 application were filed on August 14, 2020 with all necessary supporting documents. Our office prepared him for his interview via conference calls. Our client appeared at the USCIS Chicago Field Office for his N-400 interview on April 28, 2021.  He answered all questions correctly and passed his citizenship interview. His N-400 was approved on April 29, 2021. His oath taking is scheduled soon where he will become a U.S. Citizen.

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CASE: I-130 (Petitions for Parents) and Adjustment of Status
CLIENT: Philippines
LOCATION: Buffalo Grove, IL

Our client retained us to petition for her Filipino parents who came to the U.S. to visit their daughter. Our client was born and raised in the Philippines, but was naturalized in the United States. She contacted our office in July 2020 and she eventually retained us on July 21, 2020. 

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 28, 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. On January 11, 2021, our client’s parents were interviewed at the Chicago, IL USCIS office. On the same day, the adjustment of status applications were approved.

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CASE: I-751

APPLICANT: Korean

LOCATION: Darien, IL

Our client contacted our office in July of 2018 regarding her I-751 application. She is from South Korea and she got her two-year green card through marriage to a US Citizen. She obtained the 2-year conditional green card in November 2016. Thus, her conditional residency terminated in November 2018.

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 and we prepared an I-751 application for our client.

On October 26, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint tax documents, birth certificate of their daughter, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

In August 2019, the USCIS issued a Request for Evidence (RFE) and requested our client to submit more bona fide marriage documents. Our office filed the Response to RFE on November 11, 2019. 

In November 2020, the USCIS scheduled an interview for our client and her husband. On December 16, 2020, our client and her husband were requested to appear for the interview at the USCIS Chicago Field Office.  Prior to the interview, our office prepared them thoroughly via conference calls. The interview went well, and as a result, on December 16, 2020, the USCIS approved our client’s I-751 application.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: Waukegan, IL

Our client contacted our office in September of 2018 regarding a response to the RFE for her I-751 filing. She is from the Philippines and she married a U.S. citizen in February 2013. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in February of 2015. Therefore, her conditional residency terminated in February 2017. She filed the I-751 with her husband in November 2016. However, she got an RFE from the USCIS.

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They lived separately for a while and their divorce proceeding was initiated. Our client could not proceed with the I-751 joint filing with her ex-husband. After consultation, we advised that we can respond to the RFE and convert her application to one with a waiver of the joint filing requirement. We requested a waiver because our client entered into marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On October 23, 2018, our office filed the Response to RFE with a conversion request from joint to waiver. The response had various supporting documents (over 15 exhibits and an affidavit over 6 pages) to demonstrate our client’s bona fide marriage with her ex-husband.  

In September 2020, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference call with potential issues at the interview. On September 29, 2020, our client was interviewed for her I-751 application at the USCIS Chicago, IL Field Office. The interview was very extensive and the officer questioned her a lot.  Nevertheless, the USCIS approved her I-751 application on October 9, 2020. Now, she has her ten-year green card.

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CASE: H-1B Extension
PETITIONER:  Nursing Care Facility in Des Plaines, IL
BENEFICIARY: Filipino Health Educator

Our client is a nursing home which is located in Des Plaines, IL. They contacted our office in August 2020 to seek legal assistance for their foreign employee’s H-1B extension.  The beneficiary obtained his Bachelor’s Degree in Nursing. The proffered position for the Beneficiary is a Health Educator which qualifies as a specialty occupation – a position where the minimum requirement is a Bachelor’s Degree in a specific specialty related to the position. We also note that we did an I-140 Petition for this client and it was approved.  

Upon retention, our office filed the H-1B visa petition with various supporting documents on August 28, 2020 via premium processing service. Eventually, our client’s H-1B application was approved on September 4, 2020.  His H-1B is good until August 31, 2023.

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Case: I-130/I-485

Potential Issue: Response to Notice of Intent to Deny

Client: Filipina

Location: Broadview, IL

Our client entered the United States from the Philippines. Later, she married her U.S. citizen husband and they filed an I-130 Petition and I-485 Adjustment of Status Application to the USCIS. In February 2019, they appeared at the adjustment of status interview at the USCIS Chicago Field Office. However, on March 27, 2020, the USCIS issued a Notice of Intent to Deny (NOID).  The NOID claimed that there was substantial and probative evidence that the marital union between the Petitioner and Beneficiary is not bona fide.  Moreover, the NOID pointed out that the submitted documentation of Petitioner and Beneficiary does not establish a bona fide nature of their marriage. 

Our office contacted our office and retained our office on April 10, 2020. In response to the USCIS’s NOID, our office included multiple supporting documents including, joint bank account statements, a joint tax return record, a joint cell-phone bill, and several pictures of our client and her husband in several occasions with different people.  Several legal authorities were cited based on particular issues discussed, and on April 23, 2020, we filed the Response to NOID prior to the 30-day deadline.

Finally, on May 5, 2020, the USCIS approved our client’s case. Both the I-130 Petition and I-485 Green Card Application were approved. Our client is now a green card holder.

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