CASE: Change of Status / I-539
NATIONALITY: Filipina
LOCATION: Christiansted, VI

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor visa to work in the United States. She consulted with our firm a few weeks before the expiration of her J-1 status. She wanted to continue to stay in the United States for six more months to spend more time here for her medical treatment.  We explained her that CIS has been more stringent on Visitor status change. Upon retention, we asked her to prepare a statement on her plans if her change of status request is granted. We asked her to provide as much detail as possible as we reviewed her drafts several times. We made sure all addresses, contact information, and dates on her statements were complete and accurate. We made sure all her plans were supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence by the CIS. Our office submitted financial documents and medical documents as well. We filed the I-539 Change of Status Application on September 7, 2019. Eventually, without any Request for Evidence (RFE), his change of status request (from J-1 to B-2) was granted by the USCIS on April 20, 2020. 

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CASE:  I-751 / Removal Proceedings

APPLICANT: Filipina

LOCATION: Solon, OH

Our client contacted our office in July 2018 regarding her removal proceedings representation and I-751 application.

She is from the Philippines and she married a U.S. citizen in June 2014. Through her marriage, she obtained a 2-year conditional green card in July 2015.  Her conditional residency terminated in July 2017.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. They filed the I-751 application first; however, her husband filed a divorce against her while the application was pending.  Our client’s initial I-751 application was thus denied. Later on, our client was placed into removal proceedings.

Once retained, our office prepared an I-751 application for our client with other supplemental exhibits including a detailed explanatory brief. On December 19, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. Once the application was filed, the fingerprint notice was issued two weeks later.

Our client had to appear for her Master Calendar hearing at the Cleveland Immigration Court on December 17, 2019. Attorney Sung Hee (Glen) Yu represented our client at her initial Master Calendar Hearing and informed the court that our office filed a new I-751 application to the USCIS.  

In December 2019, the USCIS scheduled an interview for our client. On January 28, 2020, our client was requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared her thoroughly at our office and also accompanied them at the interview as well. Eventually, on April 22, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions. Now, our office will file the Motion to Terminate proceedings to the Cleveland Immigration Court to terminate her removal proceedings. 

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CASE: I-140 (EB-3 Other Workers)    
EMPLOYER: Fabric Manufacturer
BENEFICIARY: Filipina General Merchandise Expert Sewer
LOCATION: Chagrin Falls, OH

Our client is a fabric manufacturer in Ohio. They have a prospective employee from the Philippines and they were willing to petition her for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a sewer. After talking to our client, our firm concluded that they can petition her as a general merchandise expert sewer. Our client eventually retained us on February 28, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On March 6, 2019, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on June 26, 2019.  On September 5, 2019, we promptly filed PERM.  Eventually, on December 13, 2019, the PERM Labor Certification was approved – an EB3 position for the Filipina 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, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on February 21, 2020 via regular processing service. Eventually, on April 15, 2020, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). She can file an immigrant visa once her priority date becomes current. 

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CASE:   J-1 Waiver (No Objection Statement)

APPLICANT / BENEFICIARY: Filipina

LOCATION: Corona, California

Our client came to the United States from the Philippines in August 2010 on a C-1 visa (Crewman). She remained in the United States after her entry in August 2010. She married her U.S. citizen husband in February 2017. She retained our office on June 20, 2017 for the I-130 and I-601A waiver filing. We filed an I-130 petition for her in July 2017. This I-130 petition was approved in February 2018. With our office’s legal assistance, she also obtained her I-601A Provisional Waiver on March 17, 2020. 

However, our client cannot file for adjustment of status application due to her ground of inadmissibility (crewman entry and overstay). She needs a waiver of inadmissibility to become a green card holder. Despite she has her I-601A waiver, she also needs to get a J-1 waiver for her previous J-1 program which took place prior to her C-1 visa entry. 

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

On June 11, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 16, 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 March 13, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on April 3, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her immigrant visa filing with her waivers. 

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Somerton, AZ

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement. 

In April 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 promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On April 18, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On November 26, 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 March 9, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 30, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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CASE: I-751

APPLICANT: Filipino

LOCATION: Winfield, IL

Our client contacted our office in March of 2019 regarding his I-751 application.

He is from the Philippines and he married a U.S. citizen in January 2016. Through his marriage, he obtained a 2-year conditional green card in August of 2017.  His conditional residency terminated in August 2019.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on March 13, 2019, and our office prepared an I-751 application for our client with other supplemental exhibits.

On May 15, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on March 25, 2020, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Litchfield, OH

Our client came to the United States from the Philippines with a B-2 visitor’s visa in July 2019. She married a U.S. Citizen in October 2019 and retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 26, 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 as well. On March 17, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

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CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Filipina

LOCATION: Corona, California

Our client came to the United States from the Philippines in August 2010 on a C-1 visa (Crewman). She remained in the United States after her entry in August 2010. She married her U.S. citizen husband in February 2017. She retained our office on June 20, 2017 for the I-130 and I-601A waiver filing. We filed an I-130 petition for her in July 2017. This I-130 petition was approved in February 2018.

Our client cannot file for adjustment of status due to her ground of inadmissibility (crewman entry and overstay). She needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States.

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen husband suffers from a great degree of hardship. We argued that if she was removed from the United States, extreme hardship to her husband is clearly foreseeable and evident. He would not be able to take care of his own needs and the bulk of their family chores, most importantly taking care of their child. Also, it would be extremely difficult for him to get the same level of economic stability in the Philippines in case he joins our client there.

In our brief, we also argued that our client and her husband have maintained strong family ties in the United States, that her husband will have difficulty in finding the same level of employment in the Philippines, and that he will face extreme emotional difficulties if she is removed.

On February 12, 2019, we filed the I-601A waiver application which included the brief in support, and documents that demonstrated hardship to her husband if our client is removed from the United States. Eventually, her I-601A waiver was approved on March 17, 2020. Now, she can file packet 3 and 4 here in the United States, and would go to the Philippines shortly to get her immigrant visa.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Arlington, TX 

Our client came to the United States in May 2018 with a J-1 Exchange Visitor visa from the Philippines.  Her J-1 visa was not subject to the two-year foreign residency requirement, so she could apply for adjustment of status in the United States without a waiver.  She married a U.S. Citizen in June 2019 and retained our office on July 18, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 24, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients via conference calls. On March 13, 2020, our client was interviewed at the Dallas, Texas USCIS Field Office.  Eventually, on the same day of her interview, her green card application was approved. 

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipino
LOCATION: Elmhurst, NY 

Our client came to the United States in September 2013 with a J-1 Exchange Visitor visa from the Philippines.  His J-1 visa was not subject to the two-year foreign residency requirement, so he could apply for adjustment of status in the United States without a waiver.  He married a U.S. Citizen in July 2019 and retained our office on August 21, 2019 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 26, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients via conference calls. On March 6, 2020, our client was interviewed at the New York, NY USCIS Field Office.  Eventually, on the same day of his interview, his green card application was approved. 

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