CASE: I-485 based on Approved I-140 (EB-2)

 APPLICANT: Filipino

 LOCATION: Erie, PA

Our client is a family physician from the Philippines, who is currently working at a hospital which was willing to petition him for a second-preference petition (I-140).  Our client has an M.D. degree and is licensed physician 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, our office determined that he is clearly eligible for an EB-2 classification for his I-140 petition.

Prior to filing PERM, 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 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.  After we obtained the foreign degree evaluation report, our office filed the job order on November 16, 2011.  On May 10, 2012, we promptly filed PERM.  Eventually, on July 17, 2012, a little after two months from filing, the PERM Labor Certification was approved – an EB2 position for the Filipino beneficiary.

We then proceeded with the I-140 Petition filing.  We submitted the “ability to pay” letter for the I-140 petition application.  We included the job offer letter, state physician license, our client’s M.D. degree, and other necessary supporting documents.

The I-140 Petition was filed on September 11, 2012 via regular processing service.  On May 3, 2013, the I-140 EB2 Petition for our Filipino client was approved.

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on October 18, 2013. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on March 3, 2014, the USCIS Texas Service Center approved our client’s adjustment of status application. He is now a green card holder.

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

NATIONALITY: Chinese

LOCATION: Philadelphia, PA

Our client is a citizen of China who came to the U.S. on a J-2 Visa.  She 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.

After our client came to the United States, she finished high-school as a J-2 visa holder and later pursued her Bachelor’s degree. Prior to the commencement of her Bachelor’s program, our client changed his status from J-2 to F-1 through the U.S. Embassy in Beijing, China. Currently, she is working for her employer under an OPT,  but she would like to apply for a J-2 waiver so that she would not have any problem for her future change of status in the United States when her prospective employer files an I-129 petition for her in 2014.

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 November 2011.

Our firm was retained to do her J-2 waiver on October 24, 2013. On November 1, 2013, 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 December 5, 2013 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On January 29, 2014, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE:  Termination of Removal Proceedings / Motion to Reopen
CLIENT: Filipino
LOCATION: Pennsylvania / Immigration Court: Philadelphia Immigration Court

Our client came to the United States on a valid K-1 fiancé visa in 2004. He married his U.S. citizen fiance within two months of his entry, and then he eventually filed an I-485 adjustment of status application.

In May 2005, our client received his conditional permanent resident card. However, his I-751 application was denied in December 2007 due to his troubled marriage and he got divorced with his U.S. Citizen wife in April 2008.

Unbeknownst to our client, a Notice to Appear was issued against him and it was sent to his previous address in June 2008.  Thus, our client did not know of the issuance of his NTA and his initial Master Calendar hearing. Eventually, he missed the hearing and the Immigration Court issued an order of removal against our client in June 2008.  Later, our client got married again with his ex-wife. After the re-marriage, his U.S. citizen wife filed an I-130 petition for our client and this was approved in June 2009.

Due to his confusion on what to do after the approved I-130 (the approval mentioned something about consular processing) our client left the United States and went to the Philippines to apply for an immigrant visa. During the interview, our client learned of his final order of removal in absentia and he was asked to file a waiver. Unfortunately, his waiver application was denied because there was no waiver for inadmissibility under 212(a)(6)(B), which provided, based on the letter, that “any alien who without reasonable cause fails to attend or remain in attendance at a proceeding to determine the alien’s inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien’s subsequent departure of removal is inadmissible.”

Thus, our client needed to reopen his case and get a termination order from the court to file his waiver.

To rescind the final order, he has to get his case reopened. This is done through a Motion to Reopen filed with the Immigration Judge who gave the final order. Based on this Motion to Reopen, the Immigration Judge can rescind the in absentia order of removal if you are able to show that you did not receive notice of the hearing.

On August 14, 2013, our office filed the Motion to Reopen with the Philadelphia Immigration Court. Documentation of his address at the date of the final order, a detailed affidavit regarding his addresses and the circumstances around the final order date, documentation of the last address he provided to the immigration service prior to the final order date, and other supporting documents were submitted (20 exhibits). On September 24, 2013, the Philadelphia Immigration Court granted our motion and reopened our client’s case.

After his case was reopened, our office filed a Motion to Terminate Proceedings to the Philadelphia Immigration Court. As a result, on October 21, 2013, the Immigration Judge in the Philadelphia Immigration Court granted our Motion to Terminate for our client. Our client’s removal proceeding is now terminated, and he can file a waiver application for his immigrant visa.

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CASE: I-140

 EMPLOYER: Hospital

 BENEFICIARY: Filipino

 LOCATION: Erie, PA

Our client is a family physician from the Philippines, who is currently working at a hospital which was willing to do a second-preference petition (I-140) for him. He has a M.D. degree and is a licensed physician 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, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.

Prior to filing PERM, 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 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.  After we obtained the foreign degree evaluation report, our office filed the job order on November 16, 2011.  On May 10, 2012, we filed PERM.  Eventually, on July 17, 2012, a little after two months from filing, the PERM Labor Certification was approved – an EB2 position for the Filipino beneficiary.

We then proceeded with the I-140 Petition filing.  We submitted the “ability to pay” letter for the I-140 petition application.  We included the job offer letter, state physician license, our client’s M.D. degree, and other necessary supporting documents.

The I-140 Petition was filed on September 11, 2012 via regular processing.  On May 3, 2013, the I-140 EB2 Petition for our Filipino client was approved.

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CASE: Marriage-Based Green Card

CLIENT: Korean

LOCATION: Philadelphia, PA

Our client came to the United States in April 2008 with an F-1 student visa from South Korea. He has remained in the United States and continues to pursue his degree in the U.S.

He married a U.S. Citizen in August 2012 and retained our office on November 22, 2012 for and I-130 petition and I-485 adjustment of status application.  

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on January 22, 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 clients through conference calls. On April 16, 2013, our client was interviewed at the Philadelphia, PA USCIS office.  Our client’s interview went well, and on the same day, his green card application was approved.

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

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CASE: Marriage-Based Adjustment of Status
CLIENT: British
LOCATION: Pittsburgh, PA

Our client came to the United States in June 2001 with a F-1 Student visa from United Kingdom.  He married a U.S. Citizen in April 2008 and retained our office on August 3, 2012 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 7, 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 calls. On November 26, 2012, our client was interviewed at the Pittsburgh, PA USCIS office. On February 27, 2013, his green card application was approved.

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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.

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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.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Chinese
LOCATION: Philadelphia, PA

Our client is a citizen of China who came to the U.S. on a J-2 Visa in 1996.  She came with her husband who held a J-1 Visa as a doctor.  Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out well and she got divorced from her ex-husband.  She lost her J-2 status in the United States and she was still subject to the two-year foreign residency requirement.  She could not change her status to other non-immigrant visas because of the requirement.

In August of this year, our client’s U.S. citizen son contacted our office.  He wanted us to help his mother obtain a waiver so that he can petition our client for a green card. Our firm was retained to do her J-2 waiver on August 12, 2011. On August 17, 2011 the J-2 Waiver 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 was divorced from the J-1 visa holder.

On August 24, 2011, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. The USCIS issued the I-612 waiver approval notice on September 16, 2011, less than a month from the date we filed the waiver.

Finally, after 15 years in the United States, our client can apply for her green card. Our client’s son can file an I-130 petition for our client and she can file an adjustment of status application (I-485) as well.

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For other J2 waiver success stories, please click here.

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CASE: H-1B
PETITIONER: Hospital
BENEFICIARY: Physician / General Surgeon, Filipino
LOCATION: Pennsylvania

H-1B filed on behalf of a hospital in Pennsylvania for a Filipino physician / general surgeon on May 5, 2010. No Requests for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on July 12, 2010. The H-1B is good from October 1, 2010 to September 30, 2013.

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CASE: Bond Hearing With Immigration Judge. Detained Case.
NATIONALITY: Sri Lanka
WHERE DETAINED: York, Pennsylvania

This immigration release and bond redetermination approval was for a  Sri Lankan national who came to the U.S. on a B-2 visa a few years ago and overstayed. About 2 weeks ago, he was caught by immigration officers and was detained in York, Pennsylvania. A bond hearing was set for him with the Immigration Judge.

A week before his bond hearing, our office was retained. He was in a tough position because he did not have any relief from removal as of that point. He was not married, had no fear of returning to Sri Lanka good enough for asylum (plus the fact that he’s been in the U.S. for over a year). He mentioned he had a girlfriend who was a U.S. Citizen and they planned to get married. However, he’s in jail. Another factor the Immigration Courts look to is the presence of immediate family members in the United States. He did not have any. We explained to him the factors a Judge looks at in bond hearings – family members, availability of relief especially. We explained it is going to be tough but we’ll do our best.

We gathered as much evidence of his relationship with his girlfriend. One of his friends also submitted an affidavit of support to show his ability to pay a bond if one is issued. Despite the bond hearing date coming up and the fact that our office was only retained about 6 days before the bond hearing, we were able to submit all supporting documents to the Court a day before the bond hearing.

At the bond hearing, the Judge asked whether there was any relief as of this point. There was none but with the supporting documents we had, we argued that even if our client did not have relief, that upon release he will get married to his U.S. Citizen girlfriend. We argued that the relationship is bona fide based on the submitted supporting documents, a detailed letter and some pictures of the couple included. We argued that immediately after the marriage, his girlfriend would file an immigrant petition for him which upon approval would enable our client to file for adjustment of status (green card).

The Judge granted a release on bond and adjourned the hearing. The Judge also noted that after he gets released and goes back home to Chicago, we may file a Motion to Change Venue which he would grant.

Our client is now out of jail and back with his girlfriend in Chicago.

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