CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: West Springfield, MA

Our client contacted us in February 2020 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in May 2015.

His N-400 application was filed on March 4, 2020 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On October 2, 2020, our client appeared at the Lawrence, MA USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. 

Eventually, his application was approved on the same day of the interview and he took his oath right away. He is now a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: West Springfield, MA

Our client contacted us in July 2020 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and he obtained his green card in August 2015.

His  N-400 application was filed on July 14, 2020. Prior to his citizenship interview, our office prepared him via conference calls.  On October 13, 2020, our client appeared at the Lawrence, MA USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. 

Eventually, his application was approved on the same day of the interview and he took his oath right away. He is now a naturalized U.S. Citizen.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Eagle Butte, SD

Our client came from the Philippines on a J-1 in August 2015 to work as a teacher. She was subject to the two-year foreign residency requirement. She now has a US Citizen child and she wishes to apply for a waiver. 

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact that she has a U.S. citizen child. 

On July 12, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We then prepared the EVP Packet upon receipt of her documents. On November 14, 2020, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  They eventually approved the No Objection Statement, forwarded the approval to the Philippine Consulate in DC to issue the official NOS, and the then on September 10, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 23, 2020, the USCIS issued an I-612 approval notice for the waiver.

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Filipino

LOCATION: Eagle Butte, SD

Our client came to the United States from the Philippines on a J-1 exchange visitor’s visa.  In December 2016, he married his U.S. Citizen same-sex spouse in South Dakota.  

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law. 

They married in South Dakota where same-sex marriage is recognized. Our client contacted our office and retained us on August 26, 2019 for his I-485 adjustment of status application. His U.S.Citizen spouse already filed an  I-130 petition for him and it was approved. However, our client waited for getting his J-1 waiver before he can file his adjustment of status application. Our firm prepared and filed the I-485 adjustment of status application together with all necessary supporting documents on January 7, 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 via conference calls. On September 23, 2020, our client was interviewed at the Omaha, NE USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Christiansted, VI

Our client came from the Philippines on a J-1 visa in September 2016 to work as a teacher. She was subject to the two-year foreign residency requirement. Her wanted sponsor her green card and she 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.

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact that she has a U.S. citizen son. 

On March 3, 2020, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We then prepared and filed the No Objection Request to the EVP. Eventually, the No Objection Statement was issued. 

On September 10, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  On September 23, 2020, the USCIS issued an I-612 approval notice for the waiver.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Math Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since August 2015. Based on our education and credentials, our office determined that she is clearly eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in September 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 only 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 February 17, 2020.  On April 26, 2020, we promptly filed PERM. 

Eventually, on September 18, 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: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Orlando, FL

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. He was subject to the two-year foreign residency requirement. His prospective employer wanted to sponsor his H-1B and consulted with our firm for his J-1 visa waiver. If someone is subject to the two-year foreign residency requirement, he or she cannot change status to H-1B in the United States until he or she fulfills the requirement or obtains a waiver.

Our office told our client that he can apply for a waiver under the No Objection Statement category based on the fact that he has a U.S. citizen child. 

On January 7, 2020, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On April 13, 2020, our office sent our client’s NOS application 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 August 25, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 14, 2020, the USCIS issued an I-612 approval notice for the waiver.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Birmingham, AL

Our client contacted our office in January 2019 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in July 2016. Through her marriage, she obtained her 2-year conditional green card in February of 2017.  Her conditional residency terminated in February 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 January 18, 2019, and our office prepared an I-751 application for our client.

On February 6, 2019, our office filed the I-751 application to the USCIS. 

The receipt notice and fingerprint notice were issued, extending our client’s LPR status. The USCIS issued a Request for Evidence (RFE) and so we filed an extensive Response to RFE on July 21, 2020.  

On September 1, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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

 NATIONALITY: Filipina

 LOCATION: Hobbs, NM

Our client came from the Philippines on a J-1 visa to work as a teacher. She was 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). She was married in the Philippines and even though she got her divorce in the United States, the Philippines do not recognize divorces, only annulments, and annulments take five years in the Philippines. An option though to get a waiver without needing a No Objection Statement is through a showing of Exceptional Hardship. That’s what our client pursued as her husband had several hardships. 

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 extreme 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 11, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support of our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen husband’s medical conditions.  On April 12, 2019, our office filed the I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s husband would experience exceptional hardship if our client needs to go back to the Philippines for two years. 

On November 14, 2019, the USCIS issued a Request for Evidence (RFE) and requested our client to submit more hardship evidence. Our office prepared the response and filed an extensive Response to RFE to the USCIS on February 3, 2020. 

Eventually, the USCIS approved her I-612 waiver on August 31, 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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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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