CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Cleveland, OH

Our client contacted us in April 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 2002. 

Upon retention, we prepared and filed her N-400 application on June 6, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On August 13, 2019, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied her to the interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on August 15, 2019. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-130 (Petitions for Parent) and Adjustment of Status

CLIENT: Filipina

LOCATION: Arlington, VA

In 2017, our client retained us to petition her mother. Our client was born and raised in the Philippines, but was naturalized in the United States.  Upon retention, our firm prepared and filed the I-130 petition for her mother on January 9, 2017. Eventually, the I-130 petition was approved in December 2017. 

Our client’ mother works for an international organization on a G-4 visa. With frequent international work-related travel, she could not proceed with her adjustment of status application. In early 2019, she contacted our office again for the preparation and filing of her adjustment of status. Our office filed her I-485 adjustment of status application on February 19, 2019. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on August 2, 2019, our client’s mother’s adjustment of status applications was approved.  

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Euclid, OH

Our client contacted us in May 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 January 2012. 

Once retained, her N-400 application was filed on May 23, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office.  On August 2, 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 the same day of her interview. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Filipina

LOCATION: Humble, TX

Our client came to the United States in April 2018 as a K-1 visa entrant from the Philippines.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States. She married in May of 2018. 

Our client contacted our office initially and consulted with us for her adjustment of status application. She retained our office on May 29, 2018. After retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on June 7, 2018.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

Thereafter, the USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients via conference calls. On July 31, 2019, our clients were interviewed at the Houston, Texas USCIS office. Eventually, on the same day of the interview, her green card application was approved.

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CASE: PERM Labor Certification

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 is 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. Our client can file the I-140 petition at any time.

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

CLIENT: Filipino

LOCATION: Decatur, GA

Our client came to the United States from the Philippines on a J-1 exchange visitor’s visa. With our firm’s legal assistance, he got his J-1 waiver for his two-year foreign residency requirement.  In June 2018, he married his U.S. Citizen same-sex spouse in Georgia.

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 Georgia where the same-sex marriage is recognized. Our client contacted our office and retained us in October 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 10, 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 July 1, 2019, our client was interviewed at the Atlanta, Georgia USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: I-130 / I-485 Adjustment of Status

NATIONALITY: Philippines

LOCATION: Sidney, Montana

Our client came from the Philippines on a J-1 in August 2015 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement.

In February 2018, 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 March 8, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On April 11, 2018, 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 August 6, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 29, 2018, 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 Adjustment of Status Application on November 16, 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 through conference calls. On June 20, 2019, our client was interviewed at the Helena, Montana 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: I-130 / I-485 Adjustment of Status

NATIONALITY: Philippines

LOCATION: Great Falls, Montana

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. She was subject to the two-year foreign residency requirement.

In May 2018, 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 June 19, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On August 8, 2018, 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 11, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on February 22, 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 Adjustment of Status Application on January 29, 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 June 7, 2019, our client was interviewed at the Helena, Montana 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: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Chicago, IL

Our client contacted us in August 2018 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 May 2013.  

Once retained, her N-400 application was filed on August 22, 2018 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On March 13, 2019, our client appeared at the Chicago, Illinois 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 May 30, 2019. Her oath

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CASE: H-1B Visa Petition

PETITIONER: School District in Mohave Valley, AZ

BENEFICIARY: Filipina Elementary Education Teacher

ISSUES: Cap-Exempt, Research Organization

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in March 2019 to seek legal assistance from our office for their foreign employee. The beneficiary is an Elementary Education Teacher from the Philippines who has been working for this employer for last 5 years under J-1 status. Though she was subject to INA 212(e), two-year foreign residency requirement, she already obtained a J-1 waiver from the USCIS.

The proffered position for the Beneficiary is an Elementary Education Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2020 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B).

Once retained, our office filed the H-1B visa petition with various supporting documents on April 29, 2019, via premium processing. However, the USCIS issued the Request for Evidence (RFE) and requested our client to submit her I-612 J-1 waiver approval notice once again. Our office filed the Response to RFE on May 14, 2019. Eventually, our client’s H-1B application was approved on May 23, 2019.  She can now work for her employer for three years on an H-1B status.

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