CASE: I-485 adjustment of status based on approved I-140 (EB-2 Category) / Schedule A

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: Michigan

Our client is from the Philippines and 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 mental health program nurse manager, 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 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 Mental Health Program Nurse Manager should be included in Schedule A.

Our client has a Bachelor’s degree in nursing and a Master’s degree in psychology. She also has a registered nursing license in the state of Michigan. Our office was retained on July 25, 2014 and we started on the Prevailing Wage Determination filing and other related matters.

After the prevailing wage was determined, we filed the I-140 application on September 24, 2014 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why mental health program nurse managers must fall under Schedule A designation and Eb-2 classification. 

On October 1, 2014, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Once the I-140 petition was approved, our client retained our office again for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on October 7, 2014. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on May 27, 2015, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, she finally is a green card holder. 

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: Michigan

Our client is from the Philippines. Her prospective employer-sponsor is 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 mental health program nurse manager, the petition 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 Mental Health Program Nurse 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 a Masters degree in Psychology. It was seemingly a difficult case because it was not a straightforward Schedule A case (like a “registered nurse” position) or a straightforward EB2 case (“nurse practitioners” for example). Employers even have a hard time getting an H-1B for a nurse manager (which requires a Bachelors Degree), so what more if you require a Masters (as is the case for an EB2 petition).

Our client has a Bachelor’s degree in nursing and a Master’s degree in psychology. She also has a registered nursing license in the state of Michigan. Our office was retained on July 25, 2014 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 24, 2014 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why the mental health program nurse manager position falls under a Schedule A and EB2 designation.

On October 1, 2014, without any Request for Evidence (RFE), the USCIS Nebraska 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 adjustment of status application at any time.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Pakistani

LOCATION: Michigan

Our client contacted us in May 2014 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Pakistan and obtained her green card in July 2008. She retained our office for her naturalization application on May 15, 2014.

The N-400 application was filed on May 28, 2014 with all supporting documents. Our office prepared her before her naturalization interview via conference calls.

On September 30, 2014, our client appeared for her interview at the Detroit CIS office.  Our client answered all questions correctly and passed. Eventually, her naturalization application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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 CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement

 NATIONALITY: Malaysian

 LOCATION: Michigan

Our Malaysian client came to the U.S. on a J-1 Visa in August 2008.  He came to the United States to pursue his Bachelor’s program, and his J-1 visa made him subject to the two-year foreign resident requirement.  He later changed his status from J-1 to F-1 when he started this Master’s program. His research and higher education enhanced his interest in the field, and he would like to further his studies in the field.

However, since most of the research projects that interest him will take a longer time, and since some of the projects he had inquired on have resulted in the employers/institutions inquiring whether he is eligible to work beyond the OPT, he anticipated that most employers will eventually wish to petition him for an alternate form of visa such as an H-1B.

However, due to the two-year foreign residency requirement, he had to obtain a waiver first before he could change his current status in the United States.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Malaysian Embassy in the United States.  Our office contacted the Malaysian Embassy in New York and Washington D.C. to make sure we got all the requirements needed for their office to issue a no objection statement.  The Embassy requested different documents including a statement of reason for the waiver.

On October 24, 2013 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a change of status application but for the waiver.

The Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. The Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on September 18, 2014.  Now that our client’s two-year foreign residency requirement is waived, he can be a beneficiary of other non-immigrant visa in the United States without going back to Malaysia for 2 years.

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CASE: Marriage-Based Adjustment of Status.

NATIONALITY:Burmese

LOCATION: East Lansing, MI

Our client is from Myanmar who came to the U.S. on a J-1 Visa in September 2012.  She came to the U.S. for her research program, and her J-1 program made her subject to the two-year foreign residence requirement.

In June 2013, our client married her U.S. citizen husband. She was eligible to get a green card through her marriage to U.S. citizen; however, before we file her I-130/I-485 application simultaneously, she has to get a waiver of her two-year foreign residency requirement.

As our previous success story explained, our office worked on our client’s J-1 waiver.  Eventually, the Myanmar Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On February 27, 2014, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice for our client’s waiver of the  two-year foreign residency program on March 6, 2014.

After we received the I-612 waiver, our firm prepared and filed an I-130 petition and I-485 adjustment of status application on March 24, 2014.  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 July 22, 2014, our client was interviewed at the Detroit, MI USCIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On the same day, her green card application was approved.

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement

 NATIONALITY: Burmese

 LOCATION: East Lansing, MI

Our client came to the U.S. on a J-1 Visa in September 2012 from Myanmar.  She came to the U.S. for her research program, and her J-1 visa made her subject to the two-year foreign resident requirement.

In June 2013, our client married her U.S. Citizen husband and she wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Myanmar Embassy in the United States.  Our office contacted the Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested seven different documents including a statement of reason for the waiver, the applicant’s resume, a copy of her valid Myanmar passport, a copy of her marriage certificate and a copy of Form DS-3035.

On November 27, 2013 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Myanmar Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a marriage based adjustment of status application but for the waiver.

The Myanmar Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On February 27, 2014, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on March 6, 2014.  Now that our client’s two-year foreign residency requirement is waived, she can file an adjustment of status application with her husband’s I-130 petition.

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Case: Immigrant Visa with With Request for Expedited Processing
Client: Syrian
Location: Petitioner: Toledo, OH / Beneficiary: Damascus, Syria

Our client is a U.S. citizen who married his wife in Damascus, Syria in December 2012. After their marriage in Syria, the U.S. citizen husband came back to the United States, and immediately filed an I-130 petition for his wife. He prepared and filed the I-130 himself on February 8, 2013.

The petition was pending when our client contacted our office in the middle of March. Due to the political unrest and violence going on in Syria, his wife’s residence was part of a huge area that was bombed. Multiple deaths transpired and houses got burned, fortunately our client’s wife was one of the few who survived. There were also shots fired by random militia, and it was very pertinent in Syria due to the country’s political turmoil.

Our client was desperate to see his wife and was worried for her safety. So, he wanted to bring her here as soon as he can. He retained our office on March 15, 2013 and we immediately worked on a detailed brief to request expedited processing of our client’s I-130 petition.

According to USCIS standards, all expedited requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expeditious request criteria have been met. The criteria are as follows:

• Severe financial loss to company or individual
• Extreme emergent situation
• Humanitarian situation
• Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
• USCIS error
• Compelling interest of USCIS

In this case, we argued that there was an extreme emergent situation, a humanitarian situation, and a compelling interest by USCIS.  We fully explained the nature of the attack, her situation after the attack, and submitted supporting documents such as pictures of her residence and area.  We sent this request to the USCIS on March 18, 2013.  Eventually, the I-130 was processed quickly and was approved on April 10, 2013.

After the I-130 was approved, we prepared the immigrant visa packet for our client’s wife and our client went to Amman, Jordan for his wife’s Immigrant Visa Interview.  The interview was held on July 17, 2013 at the U.S. Embassy in Amman, Jordan. They went to the interview together, and on the same day, the U.S. Embassy in Syria approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s wife came to the United States last week, and she will eventually get her green card in a mail.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Canadian
LOCATION: Detroit, MI

Our client is a medical doctor from Canada who last came here on an H-1B visa. He previously came here on a J-1 visa, but our firm filed and won a J-1 waiver for him based on extreme hardship.

He married a U.S. Citizen in January 2011 and retained our office on March 4, 2013 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on March 15, 2013.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our client through conference calls.

On March 29, 2013, our client was interviewed at the Detroit, Michigan USCIS office.  Attorney JP Sarmiento from our office also accompanied them. Our client’s interview went well, and on the same day, his 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.

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Case: TPS Extension
Client: Honduran
Location: Michigan

The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.  USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States.  Eligible individuals without nationality who last resided in the designated country may also be granted TPS. The Secretary may designate a country for TPS due to the following temporary conditions in the country: 1) Ongoing armed conflict (such as civil war); 2) An environmental disaster (such as earthquake or hurricane), or 3) an epidemic other extraordinary and temporary conditions.  During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):

• Are not removable from the United States
• Can obtain an employment authorization document (EAD)
• May be granted for travel authorization

Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.

Our client first entered the United States in 1996 and has resided in the U.S. ever since. He had obtained TPS and work permits for a long time.  He contacted our office in December 2011 for his TPS re-registration and work permit. He previously tried to re-register the TPS, but it was denied due to his criminal record. He has not had a work permit for over 2 years. Our client retained us on January 3, 2012.  On January 4, 2012, our office filed his TPS Application and Work Permit with a brief regarding his eligibility.  We explained that our client has continued residence in the United States and continued physical presence since 1999. On March 23, 2012, the USCIS approved his TPS and issued a valid work permit for our client.

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 success stories, please click here.

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

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