CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition
CLIENT: US Citizen Petitioner; Filipino Beneficiary in the Philippines
LOCATION: Petitioner: New York; Beneficiary: Manila, Philippines

Our client is a U.S. citizen who married her Filipino boyfriend in the Philippines in 2011.  She had her marriage ceremony with her husband in the Philippines in September 2011.  When she came back to the United States, she wanted to bring her husband over here.

She contacted our office in late March 2013 and retained our office to help bring her husband to the States. Since the client’s husband was not in the United States, and their marriage occurred in the Philippines, our office filed the I-130 on April 15, 2013.

After the I-130 was filed, everything went smoothly and the receipt notices came on time. The I-130 Petition was approved by the USCIS on December 5, 2013.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on April 29, 2014, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Manila. On July 16, 2014, our client’s husband appeared at the U.S. Embassy in Manila, Philippines. They then asked for an NBI clearance and CENOMAR, which were eventually submitted. Eventually, on September 23, 2014, the U.S. Embassy in Manila, Philippines approved and issued his immigrant visa.

With the approved Immigrant visa, our client’s husband can come to the United States immediately, and he will get his green card within two weeks of entry.

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

CLIENT: Filipino

LOCATION: New Jersey

Our client is a certified nurse practitioner. His current employer-sponsor (on OPT) was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he is a certified nurse practitioner, he 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 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 Nurse Practitioner is included in Schedule A.

Our client has both a Bachelor’s and Master’s degrees in nursing. Our office was retained on January 9, 2014 and we started the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on April 11, 2014 via premium processing. We included the job offer letter, the notice of filing, his pay stubs, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under Schedule A designation.

However, on April 24, 2014, the USCIS Texas Service Center issued a Request for Evidence (RFE) and requested petitioner-employer to explain recent ownership changes and further explanation on the entity arrangement. Our office prepared the response to RFE and filed it along with supplemental evidence on May 8, 2014 to the USCIS. On May 15, 2014, the USCIS Texas Service Center approved his EB-2 I-140 petition.

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on May 23, 2014. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on September 20, 2014, the USCIS Texas Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

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CASE: I-140 (EB-3 Category) / Schedule A / Old Priority Date Retention

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 in 2013 and now she holds an F-1 status, and her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). Our client also has an approved EB-3 I-140 petition with a priority date of July 2007.

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.

Also, under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s prospective employer for our client is entitled to the previous priority date.

Our client has a nursing degree and has several years of related experience. Our firm told her that her potential employer can petition her as a Registered Nurse under the schedule A category. More importantly, since the priority date of her previous I-140 was current, she can eventually apply for adjustment (can actually be filed simultaneously, the beneficiary just opted to wait for the I-140 approval to make sure we got the approval and the old priority date). Our office was retained on July 28, 2014 and started on her Prevailing Wage Request.

We filed the I-140 application on September 12, 2014 via premium processing. We included the job offer letter, the notice of filing, her previous I-140 approval notice, and other necessary supporting documents.  Eventually, on September 24, 2014, the I-140 was approved and it retained our client’s old priority date.  Now, our client can file an I-485 adjustment of status application based on the approved I-140 petition since her priority date is current.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Cleveland, Ohio

Our client contacted us in June 2014 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in March 1999. He retained our office for his naturalization and citizenship N-400 application on June 9, 2014.

The N-400 application was filed on June 25, 2014 with all supporting documents. Our office prepared him before his naturalization interview in our office. On September 2, 2014, our client appeared for his N-400 interview at the Cleveland CIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his naturalization application was approved on September 9, 2014. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Change of Status from H-1B to F-1

CLIENT: Filipina

LOCATION: California

Our client has been on H-1B status for many years and has worked as a data architect in the United States.

This year, she decided to pursue an advanced accounting proficiency program in the United States and got admission.

She contacted our office in mid-July of this year to change her status from H-1B to F-1.

On July 15, 2014 our firm was retained for the Change of Status. On July 25, 2014, we filed the I-539 Change of Status for our client with supporting documents including her I-20, SEVIS fee receipt, and recent pay stubs from her employer.

On September 8, 2014 the Change of Status was approved. Our client is now on F-1 and can start her accounting program soon.

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CASE: I-140 (EB-3 Category) / Schedule A / Old Priority Date Retention
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipino
LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas, New Mexico and New York. He came to the United States in June 2014, and his prospective employer was willing to petition him for a third-preference employment immigrant visa petition (I-140). Our client also has an approved EB-3 I-140 petition with a priority date of August 2008.

Since he is a registered nurse, he 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.

Also, under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s prospective employer for our client is entitled to the previous priority date.

Our client has a nursing degree and has more than 6 years related experience. Our firm told him that his potential employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on July 9, 2014 and started on his Prevailing Wage Request.

We filed the I-140 application on August 28, 2014 via premium processing. We included the job offer letter, the notice of filing, her previous I-140 approval notice, and other necessary supporting documents.  Eventually, on September 4, 2014, the I-140 was approved and it retained our client’s old priority date.  Now, our client can file an I-485 adjustment of status application based on the approved I-140 petition since his priority date is current.

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CASE: Marriage-Based Adjustment of Status.

NATIONALITY:Filipina

LOCATION: Seattle, Washington

Our client is from the Philippines who came to the U.S. on a J-1 Visa in October 2011.  Upon completion of her J-1 program, she remained in the United States and overstayed.  She was subject to the two-year foreign residency requirement. Later, she got married to her U.S. citizen husband.

She was eligible to get a green card through her marriage to a U.S. citizen; however, before we can file her I-130/I-485 application simultaneously, she had to get a waiver of her two-year foreign residency requirement.

As a previous success story explained, our office worked on our client’s J-1 waiver.  Eventually, the Philippine Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On December 6, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice for our client’s waiver on December 28, 2012.

Later on, our client retained us for her adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application on March 5, 2014.  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 August 29, 2014, our client was interviewed at the Yakima WA USCIS office.  On September 2, 2014, her green card application was approved.

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CASE: J-1 Waiver (No Objection Statement)
NATIONALITY: Philippines
LOCATION: New Mexico

Our client came from the Philippines on a J-1 in July 2011 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement.

In June 2013, 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 19, 2014, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the New Mexico 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 Los Angeles for further authentication.  On May 1, 2014, 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 July 21, 2014, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on August 19, 2014, 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: Filipina

LOCATION: Chicago, Illinois

Our client contacted our office in June of 2014 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in January 2011. Through her marriage, she obtained a 2-year conditional green card in July of 2012.  Her conditional residency terminated in July 2014.

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 16, 2014 and our office prepared an I-751 application for our client with bona fide marriage evidence.

On June 19, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint tax records, utility bills, joint mortgage, joint insurances and photos of our client and her husband to demonstrate the bona fideness of their marriage.

There was no RFE issuance or interview request for our client’s I-751 application. As a result, on August 14, 2014, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Maryland

Our client contacted us in October 2013 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 June 2010 through the marriage to her U.S. Citizen husband. She retained our office on October 13, 2013.

The N-400 application was filed on January 23, 2014 with all supporting documents. Prior to her citizenship interview, our office prepared her over the phone. On August 5, 2014, our client appeared at the Baltimore, MD 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 August 14, 2014. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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