CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Chinle, AZ

Our client came to the United States in August 2016 on a H-1B visa from the Philippines to work as a high school teacher. Later, she married a U.S. Citizen in August 2018 and retained our office for her petition and adjustment of status application. She also asked us to file her minor son’s (Petitioner’s step-son) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on December 5, 2018. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients via conference calls. On September 18, 2019, our clients were interviewed at the Phoenix Arizona USCIS office. On the same day of their interview, our client and her son’s green card applications were approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Columbia Station, OH

Our client contacted us in June 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in August 2016 through her marriage to her current U.S. citizen husband. 

After retention, her N-400 application was filed on June 17, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On September 10, 2019, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on September 19, 2019. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: EB-3 I-140

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Math Teacher

LOCATION: Holyoke, CO

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 Mathematics, a valid Colorado Teaching license, and has worked for her current employer since November 2014. Based on our client’s education and work background, our office determined that she clearly eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in April 2018.

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 August 14, 2018. On December 13, 2018, we promptly filed PERM. 

However, on April 19, 2019, the Department of Labor issued a request for audit. The DOL requested documents from 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 April 24, 2019.  

Eventually, on July 15, 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, employee’s most recent W-2 record, and other necessary supporting documents.

The I-140 Petition was filed on July 30, 2019 via regular processing service. Eventually, on September 12, 2019, the I-140 EB3 Petition for our Filipina client was approved.

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CASE: I-140 (EB-2)

EMPLOYER: Public Schools District

BENEFICIARY: Filipina Speech Language Pathologist

LOCATION: Crosby, North Dakota

Our client has a current employer that was willing to petition her for a second-preference petition (I-140).  Our client has a master’s degree in speech language pathology, a valid North Dakota speech language pathologist license, and has worked for her current employer since March 2014. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification for her 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 PW determination, our office filed the job order. On January 29, 2019, we promptly filed PERM. Eventually, on April 26, 2019, the PERM Labor Certification was approved – an EB2 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, employee’s most recent W-2 record, and other necessary supporting documents.

The I-140 Petition was filed on May 28, 2019 via regular processing service. Eventually, on August 22, 2019, the I-140 EB2 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

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CASE: PERM Labor Certification

EMPLOYER: Rehabilitation Center in Katy, TX 

BENEFICIARY: Filipina SM Network and Computer Systems Administrator in Malaysia

Our client has a prospective employer that is willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Computer Science and currently works for IT consulting company in Malaysia. Based on our client’s education and work background, our office determined that she is clearly eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in April 2018.

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, the job order was filed on September 27, 2018. On January 21, 2019, we promptly filed PERM. 

However, on May 24, 2019, the Department of Labor issued a request for audit. The DOL requested documents from 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 June 6, 2019.  

Eventually, on August 29, 2019, 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-751

APPLICANT: Filipino

LOCATION: Brooklyn, NY

Our client contacted our office in June of 2018 regarding his I-751 application.

He is from the Philippines and he married a U.S. citizen in February 2016. Through his marriage, he obtained a 2-year conditional green card in August of 2016.  His conditional residency terminated in August 2018.

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 June 8, 2018, and our office prepared an I-751 application for our client.

On June 28, 2018, 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 August 27, 2019, 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 Green Card (Same Sex Marriage Case)

CLIENT: Filipino

LOCATION: Orlando, FL

Our client came to the United States from the Philippines on a J-1 Exchange Visitor’s visa in May 2000. After his J-1 program was completed, he remained in the United States. With our firm’s legal assistance, he obtained his J-1 visa waiver in October 2018.  He married his U.S. Citizen same-sex spouse in December 2017.

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 Florida where the same-sex marriage is recognized. Our client contacted our office and retained us on September 20, 2018 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on October 4, 2018. 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 August 27, 2019, our client was interviewed at the Orlando, Florida USCIS office. The interview went well and his green card application was approved on the same day.

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

CLIENT: Filipino

LOCATION: Bullhead City, AZ

Our client came to the United States from the Philippines on a J-1 Exchange Visitor’s visa in 2015. He married his U.S. Citizen same-sex spouse in March 2016.

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 Nevada where the same-sex marriage is recognized. Our client contacted our office and retained us on July 31, 2018 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on August 21, 2018. 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 August 19, 2019, our client was interviewed at the Phoenix, Arizona USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Anson, TX 

Our client came to the United States from the Philippines on a H-1B visa in January 2017 to work as a medical scientist. She married a U.S. Citizen in June 2018 and retained our office on August 27, 2018 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 2, 2018. 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 August 17, 2019, our client was interviewed at the Dallas, Texas USCIS office. Eventually, after the interview, her green card application was approved.

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently works in the Philippines. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

Since she is a registered nurse, 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 first going to the DOL for a labor certification. 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. The position of Professional Nurses is included in Schedule A.

Our client has a nursing degree and has Texas Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on April 15, 2019 and started on her Prevailing Wage Request.

We filed the I-140 application on August 8, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. Without any issuance of Request for Evidence (RFE), on August 17, 2019, the I-140 was approved. Now, our client can file an immigrant visa application based on the approved I-140 petition when her priority dates become current.

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