CASE: I-751

APPLICANT: Filipina

LOCATION: Sidney, MT

Our Filipina client contacted our office in June of 2019 regarding her I-751 application.

She married a U.S. citizen in August 2016. She obtained a 2-year conditional green card in November 2017.  Her conditional residency terminated in November 2019.

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 June 12, 2019. 

On September 17, 2019, our office filed an 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.

The the fingerprint notice was issued two weeks later. Eventually, USCIS issued a Request for Evidence (RFE). We filed the response on September 29, 2020.  

On January 7, 2021, the USCIS approved our client’s I-751 application and she received her 10-year green card which removed the conditions.

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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-130 / I-485 Adjustment of Status

 NATIONALITY:  Filipina

 LOCATION:  Las Vegas, NV

Our client came from the Philippines on a J-1 in July 2017 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States. 

In June 2019, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States through the EVP in the Philippines.

On July 19, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 10, 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 December 12, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on December 23, 2019, 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 I-485 Adjustment of Status Application on December 17, 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 through conference calls. On January 12, 2021, our client was interviewed at the Las Vegas, NV USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipino

LOCATION: Colorado Springs, CO

Our client came to the United States from the Philippines and has worked in the U.S. on a valid J-1 status. He married a U.S. Citizen in January 2019 and retained our office on April 17, 2020 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 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 over the phone. On January 14, 2021, our client was interviewed at the Centennial, CO USCIS office. On the same day of the interview, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Bronx, NY

Our client contacted us in October 2019 to seek legal representation for her naturalization application. She came to the United States from the Philippines and she obtained her green card in December 2014. 

Her N-400 application was filed on October 4, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On December 29, 2020, our client appeared at the New York, NY USCIS office for her naturalization interview. Our client answered all questions correctly and passed her interview. On the same day of her interview, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Mohave Valley, AZ

Our client has an employer that was willing to petition for a third-preference teaching position (I-140).  Our client has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2014. Based on our client’s education and license background, she is eligible for EB-3 classification.  Our client eventually retained us in May 2019.

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 PW determination, our office filed the job order on September 13, 2019.  On January 7, 2020, we promptly filed PERM. 

On July 28, 2020, the Department of Labor issued a request for audit. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on August 18, 2020.   

Eventually, on December 23, 2020, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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

EMPLOYER: Health Service Ambulatory Facility

BENEFICIARY: Filipina Registered Nurse

LOCATION: Saipan, Northern Mariana Islands

Our client is Filipina Registered Nurse and her current employer-sponsor is willing to petition her for a third-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her is a registered nurse at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB3 (requiring at least a Bachelor’s degree).

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. 

Our client has a bachelor’s degree in nursing and has worked for the Petitioner as a registered nurse for several years.  She also has a registered nursing license in Northern Mariana Islands. Our office was retained 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 April 13, 2020 via regular processing. We included a job offer letter, notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why the nurse manager position falls under a Schedule A and EB3 designation.

Eventually, on December 17, 2020, the USCIS Texas Service Center approved her EB-3 I-140 petition.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Tampa, FL

Our client came to the United States from the Philippines on a B-2 visitor’s visa in January 2011. She overstayed and remained in the US.  She married a U.S. Citizen in September 2019 and retained our office for her green card application on December 23, 2019.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 6, 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 as well. On December 22, 2020, our client was interviewed at the Tampa, Florida USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: St. Petersburg, FL

Our client contacted our office in June of 2018 regarding her I-751 application.  She is from the Philippines and she married a U.S. citizen in November 2016. Through her marriage with a U.S. citizen spouse, she obtained her 2-year conditional green card in February of 2018. Therefore, her conditional residency terminated in February 2020. 

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They started living separately and their divorce proceedings were initiated. Thus, our client could not proceed with an I-751 joint filing with her ex-husband. We advised that we can help her file an I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On July 16, 2018, our office filed the I-751 application with various supporting documents (numerous exhibits and an affidavit over 3 pages) to demonstrate our client’s bona fide marriage with her ex-husband. 

In July 2020, the USCIS issued a Request for Evidence (RFE) for our client and requested her to submit a finalized divorce decree and more bona fide marital evidence with her ex-husband. Our office prepared and filed the Response to RFE on September 4, 2020.  Eventually, the USCIS approved her I-751 application on December 14, 2020. Now, she has her ten-year green card.

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Exceptional Hardship

 NATIONALITY: Filipina

 LOCATION: Oakley, CA

Our client came from the Philippines as a J-1 teacher. Her J-1 status made her subject to the two-year foreign residency requirement. Our client would like to file her adjustment of status application along with her U.S. Citizen husband’s I-130 petition; however, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue her waiver under the No Objection Statement or Interest Government Agency (IGA) due to her previous marriage in the Philippines. Her only option was through exceptional hardship. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing exceptional hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After she retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On April 26, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Our office prepared an affidavit for our client, an extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with medical documents and doctor’s reports for her U.S. citizen husband’s medical condition.  

On May 9, 2019, our office filed an I-612 application to the USCIS. We asked for them to issue and recommend this waiver based on the fact that our client’s husband would experience exceptional hardship in the scenarios of relocation and separation. 

The USCIS issued a Request for Evidence (RFE) on March 16, 2020. They requested our client to submit more hardship documents. Our office thoroughly prepared the Response to RFE and filed it to the USCIS on May 22, 2020. 

Eventually, the USCIS approved his I-612 waiver on December 8, 2020. Now that our client’s two-year foreign residency requirement is waived, she can file her adjustment of status application along with her husband’s I-130 petition in the United States. 

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