CASE: Marriage-Based Adjustment of Status

CLIENT: Filipino

LOCATION: Newark, NJ

Our client came to the United States in January 2007 on a B-2 visitor’s visa from the Philippines. He remained in US past the expiration of his I-94. Later, he married a U.S. Citizen in May 2015 and retained our office for his petition and adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on July 20, 2015. 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 April 7, 2016, our clients were interviewed at the Newark, New Jersey USCIS office. After the interview, our client’s green card application was approved.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Philippines / Petitioner: Houston, TX

The beneficiary is in the Philippines. His prospective employer-sponsor was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a Master’s Degree in Nursing. He also has a registered nursing license in the state of Texas. 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 February 26, 2016 via premium processing. We included a job offer letter, the 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 EB2 designation.

However, on March 10, 2016, the USCIS Texas Service Center issued Request for Evidence (RFE) and requested our client to submit his prospective employer’s most recent tax return record and his degree evaluation report. Our office prepared the response and filed the Response to RFE on March 14, 2016. Eventually, on March 25, 2016, the USCIS Texas Service Center approved his EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippine nationals is current), he can file an immigrant visa in the Philippines.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Montana

Our client came from the Philippines on a J-1 Visa in November 2013 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 October 2015, 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 and eventually the EVP in the Philippines.

On November 2, 2015, 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 Philippine Consulate General in Chicago for further authentication.  On January 5, 2016, 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, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 24, 2016, 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-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Thailand / Petitioner: Houston, TX

Our Filipino client is currently working in Thailand as a nurse coordinator. His prospective employer-sponsor was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs progressive experience).

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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a Bachelor’s degree in nursing and 5 years of experience as a nurse coordinator and a coordination nurse. He also has a registered nursing license in the state of Texas. 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 February 16, 2016 via premium processing. We included a job offer letter, the notice of filing, employment letters, 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 EB2 designation.

However, on March 2, 2016, the USCIS Texas Service Center issued the Notice of Intent to Deny (NOID) for our client’s I-140. The USCIS alleged that our client’s past experience was not progressive in nature. We submitted new past experience letters showing that they were indeed progressive in nature and submitted the response to NOID on March 11, 2016.

Eventually, on March 17, 2016, the USCIS Texas Service Center approved his EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippine nationals is current), he can file and obtain an immigrant visa.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: Cleveland, OH

Our client contacted our office in late June of 2015 regarding her potential I-751 filing. She was from the Philippines and married a U.S. citizen in May 2013. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in October of 2013. Therefore, her conditional residency terminated in October 2015.

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They lived separately for a while and their divorce was finalized in July 2015. Thus, our client could not file I-751 application jointly with her ex-husband. After consultation, 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 August 25, 2015, our office filed the I-751 application with various supporting documents (over 20 exhibits and an affidavit over 4 pages) to demonstrate our client’s bona fide marriage with her ex-husband.  Eventually, on March 14, 2016, the USCIS approved our request for the removal of conditions on her permanent resident status without even an interview nor a request for evidence. Now, she has her ten-year green card.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION:  Boston, MA

Our client contacted us in August 2015 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 July 2012 through her marriage with her US citizen husband. She retained our office on August 19, 2015.

The N-400 application was filed on September 8, 2015 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls. On February 22, 2016, our client appeared at the Boston, MA 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 March 2, 2016. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Houston, TX

Our client contacted our office in May of 2015 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in March 2013. Through her marriage, she obtained a 2-year conditional green card in September of 2013. Our office helped her in the green card process.  Her conditional residency terminated in September 2015.

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 1, 2015 and our office prepared an I-751 application for our client with supporting documents.

On June 15, 2015, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint leasing documents, 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 weeksr. However, the USCIS issued a Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with her husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on January 29, 2016.

Eventually, on February 22, 2016, the USCIS approved our client’s I-751 application.

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CASE: I-130 (Petition for Father) and Adjustment of Status

CLIENT: Filipino

LOCATION: California

Our client retained us to petition her father for his green card. Our client was born and raised in the Philippines, but was naturalized in the United States in February 2015 through our firm’s legal assistance. She contacted our office in June of 2015 and discussed with us the green card process for his father. After consultation, she retained our office again on June 22, 2015.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 24, 2015 for her father.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. On November 17, 2015, our client (the father) appeared at his I-485 adjustment of status interview at Santa Ana, California USCIS Field Office. Prior to the interview, our office prepared him with possible interview questions via conference calls. Eventually, on February 23, 2016, our client’s  adjustment of status application was approved. Now, he is a green card holder.

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CASE: B-2 Visa Extension / I-539
NATIONALITY: Filipina
LOCATION: New Jersey

Our client is from the Philippines who came to the U.S. on a B-2 visitor visa to see her sister and her sister’s family. She consulted with our firm a few weeks before the expiration of her B-2 status. She wanted to continue her stay in the United States for six more months to spend more time with her sister.  We explained to her that CIS has been more stringent on visitor status extensions.

Upon retention, we prepared a statement based on the information she provide about her plans if her extension is granted. We asked her to provide as much detail as possible. 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 letters from family member in the United States, an employment verification letter for her sister and brother-in-law, as well as financial documents from her sister. We filed the I-539 Extension Application on September 15, 2015 and her B-2 status extension was approved on February 8, 2016 with no Requests for Evidence.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physician’s Office

BENEFICIARY: Filipina

LOCATION: Chicago, IL

Our client is a family nurse practitioner. Her current employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since is was a family nurse practitioner, 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 Nurse Practitioner is included in Schedule A.

Our client has Bachelor’s and Master’s degrees in nursing and is a certified Nurse Practitioner. Our office was retained on October 19, 2015 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 22, 2016 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents.

In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  On February 3, 2016, without any Requests for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Philippines nationals are current for the EB-2 category, she is eligible to file her adjustment of status application now.

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