CASE: Marriage-Based Immigrant Petition and Adjustment of Status

CLIENT: Filipina

LOCATION: Cleveland, OH

Our client came to the United States from the Philippines on a B-2 visitor’s visa in January 2012. She married a U.S. Citizen in February 2014 and retained our office on August 26, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485  of Status Application on October 28, 2015.  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 January 26, 2016, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on the same day of the interview, her green card application was approv

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. She came to the United States and currently works in the United States with her H-1B status.  Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140).

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 worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on November 25, 2014 and started on her Prevailing Wage Request.

We filed the I-140 application on February 9, 2015 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  Eventually, on January 16, 2016, the I-140 was approved.

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CASE:  I-130 / I-485 / I-601 Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Filipino

LOCATION: Chicago, IL

Our client entered the U.S. in 1993.  Later, he married his U.S. citizen wife and his wife filed an I-130 petition for him and he concurrently filed an I-485 adjustment of status application.  Our client also filed an I-601 wavier application with his adjustment application with the help of his previous immigration lawyer.  He needed to file an I-601 waiver because he was found inadmissible due to his previous immigration law violation.

In 1997, our client went back to his father who was critically ill. After he visited his father, our client re-applied for his visitor’s visa to come back to the United States. However, he claimed himself to be single rather than “married” on his visitor’s visa application in order to get his visitor’s visa easily. He got his visa and came back to the United States. Nonetheless, when he applied for his permanent residency in the United States, the USCIS found that he misrepresented a material fact to get his B-2 visitor’s visa. As a result of his actions, was found to be inadmissible.  (Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible).

As mentioned above, his green card application was denied, as well as the I-601 waiver application. He had multiple tries, but none of them were successful.

Our client contacted our office in November 2011 to pursue the I-130 / 485 and I-601 waiver once again. Our firm thoroughly analyzed why his previous I-601 waiver applications were denied.  Based on his story and surrounding circumstances (hardship to his U.S. citizen wife if he is deported), our office determined that he has a good chance of winning another I-601 application. He retained our office on November 21, 2011.

If someone is found to be inadmissible under Section 212(a)(6)(C)(i) of the INA, the INA Section 212(i) provides for a discretionary waiver of the fraud or misrepresentation inadmissibility ground.  To qualify for the waiver, the alien must establish that his or her USC spouse would suffer extreme hardship if the alien were denied admission.  INA Section 212(i)(l).  In addition to the equities presented, the USCIS may consider the nature of the fraud or misrepresentation.

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 an unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601 application had a good chance since our client’s U.S. Citizen wife suffers from physical pains emanating from her surgery and various incidents in the past.  Thus, in the I-601 brief in support, our office included extensive medical reports of his wife. We argued that if he is removed from the United States, extreme hardship to his wife is clearly foreseeable and evident.  His wife needs consistent and continuous physical therapy to help deal with her pain. Also, it would be extremely difficult for her to get the same level of physical therapy and satisfactory access to medical services in the Philippines in case she joins our client there.

In our brief, we also contended that our client and his wife have maintained strong family ties in the United States, that his wife will have extreme difficulty to find the same level of occupation in the Philippines, that his wife will face extreme financial and emotional difficulties if she is removed.

On May 2, 2012, our client and his wife appeared at the interview in the Chicago USCIS Field Office.  Subsequently, one year later, the USCIS requested another interview for our client to appear at the USCIS Chicago Field Office. Our client appeared at the USCIS office on November 5, 2013 and on both occasions, our attorneys accompanied our client. Eventually, his I-601 waiver application was approved on July 10, 2015.

Once his I-601 was approved, our client retained our office again for his adjustment of status application. In late July of 2015, the USCIS notified us that the old I-130 from his wife for him was terminated. Thus, we prepared both the I-130 and I-485 applications again.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 29, 2015.  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 call. On December 7, 2015, our client was interviewed at the Chicago, Illinois USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. The interview went well, but the officer informed us that due to the complex and extensive nature of our client’s case, it would take more time for her to adjudicate his applications. Nevertheless, on January 13, 2016, his green card application was approved.

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CASE: I-751 / Response to RFE

APPLICANT: Filipina

LOCATION: Miami, FL

Our client contacted our office in November 2015 regarding a Response to RFE for her I-751 application filing. She is from the Philippines and got her 2-year conditional green card through her marriage to her U.S. citizen husband.  She obtained a 2-year conditional green card in 2013, and her conditional residency terminated in 2015.

To comply with immigration requirements, our client and her husband filed an I-751 Joint Petition to Remove Conditions before its expiration date. However, she did not have an attorney back then, and did not submit sufficient evidence to prove the bona fideness of her marriage to her U.S. citizen husband. As a result of that, on November 13, 2015, the USCIS issued a Request for Evidence (RFE) for our client’s I-751 filing.

After consulting, she retained our office on November 19, 2015.

We reviewed the CIS’ RFE letter and prepared our response.  On December 15, 2015, our office filed the Response to RFE to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, credit card statements, joint tax records, joint vehicle title, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

After that, there was no interview request for our client’s I-751 application. Instead, on January 11, 2016, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the condition.

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CASE: Consular Processing (Immigrant Visa)

 CLIENT: US Citizen Petitioner Daughter; Filipina Beneficiary Mother in the Philippines

 LOCATION: Houston, TX; Beneficiary: Philippines

 IV APPROVED: December 15, 2015

Our client retained us to bring her mother over from the Philippines. She was born and raised in the Philippines, but was naturalized in the United States. Prior to retaining our office, our client already filed the I-130 petition for her mother and this I-130 Petition was approved by the USCIS. Once we were retained, we then started the immigrant visa processing phase of trying to get her mother over to the United States.

On April 29, 2015, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for our client’s mother at the U.S. Embassy in Manila, and we prepared her for her interview.  She did her interview on September 21, 2015. Eventually, on December 15, 2015, the U.S. Embassy in Manila, Philippines approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: I-485 / I-140 (EB-2 Category) / Schedule A

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Philippines / Petitioner: Houston, TX

Our client was in the Philippines when we started his case. 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 Bachelor’s degree in nursing and 5 years of experience as a clinical 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 March 16, 2015 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.

Eventually, on March 26, 2015, the USCIS Texas Service Center approved his EB-2 I-140 petition.

While his I-140 petition was pending, he came to the United States to visit his family members as a B-2 visitor’s visa. He intended to come home after but while he was in the United States, his I-140 petition was approved. After consultation with our office, and assessing that he did not have immigrant intent, he retained our office again and to file an adjustment of status application in the United States.

On June 23, 2015, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on December 28, 2015, the USCIS approved our client’s I-485 adjustment of status application. Now, he is a green card holder.

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CASE: I-485 / I-140 (EB-2 Category) / Schedule A

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: Beneficiary: Philippines / Petitioner: Houston, TX

Our client came from the Philippines. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her 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 Bachelor’s degree in nursing and 5 years of experience as a staff nurse. She 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 July 30, 2015 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 August 7, 2015, the USCIS Texas Service Center issued a Request for Evidence (RFE) for our client’s I-140 petition. In the RFE letter, the USCIS requested our client to demonstrate her past experience and Petitioner’s new tax records. In response to RFE, our office prepared and filed the Response to RFE on August 25, 2015 including our client’s past experience letter from the Philippines and the Petitioner’s tax documents.  Eventually, on August 31, 2015, the USCIS Texas Service Center approved her EB-2 I-140 petition.

Once her I-140 petition was approved, our client retained our office again for her I-485 adjustment of status application. On September 4, 2015, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

As a result, on December 30, 2015, the USCIS approved our client’s I-485 adjustment of status application. Now, she is a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Cleveland, OH

Our client came to the United States from the Philippines on a J-1 exchange visa in March 2014. Her J-1 program was not subject to the 2 year foreign residency requirement.  She married a U.S. Citizen in June 2015 and retained our office on June 29, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 18, 2015.  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 November 9, 2015, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on December 21, 2015, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipino

LOCATION: Baltimore, MD

Our client came to the United States from the Philippines on an F-1 student’s visa in July 2009. After he completed his program, he remained in the United States.  He married his current wife in May 2013; however, his wife was a green card of holder at the time of their marriage.

In July 2015, his wife became a naturalized U.S. citizen. They contacted our office and retained our office for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 14, 2015.  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 December 22, 2015, our client was interviewed at Baltimore, Maryland USCIS office. Eventually, on the same day of the interview, his green card application was approved.

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

CLIENT: Filipina

LOCATION: California

Our client retained us to petition for her mother for a green card. Our client’s daughter 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 late February of 2015 and discussed with us the green card process. After consultation, she retained our office on March 1, 2015.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 18, 2015.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. On October 19, 2015, our client appeared at her I-485 adjustment of status interview at Santa Ana, California USCIS Field Office. Prior to the interview, our office prepared her with possible interview questions via conference calls. Eventually, on December 16, 2015, our client’s adjustment of status application was approved. Now, she is a green card holder.

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