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

CLIENT: Filipinos

LOCATION: Chicago, IL

Our client retained us to petition her parents for a green card. Our client was born and raised in the Philippines, but was naturalized in the United States in 2013.

She contacted our office in November 2013 and discussed with us the green card process. After consultation, she retained our office on November 18, 2013.

Once retained, our firm prepared and filed the I-130 Petition and Adjustment of Status Application on January 3, 2014 for her parents.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on August 6, 2014, our client’s parents’ adjustment of status applications were approved. Now, they are green card holders.

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CASE: N-400 (Citizenship / Naturalization w/ Rebuttable Presumption and Continuity of Residence Issues)

APPLICANT: Filipina

LOCATION: New York, NY

ISSUES: Rebuttable Presumption / Continuous Residence

Our client contacted us in December 2013 to seek legal representation for her naturalization application.

She came to the United States from the Philippines and obtained her green card through the National Interest Waiver process in 2008. She was abroad for school and an internship during the earlier part of her permanent residency.

She retained our office for her naturalization application on December 10, 2013.

The main issue of her naturalization case was two long, over six-month trips that she had within the last five years.

According to INA §316(b) and 8 C.F.R. §316.5.(c)(1)(i), an absence between 6 months and 1 year from the United States raises a rebuttable presumption that continuity of residence has been interrupted. That would be an issue in naturalization cases, where continuity of residence is essential. Applicants with this issue should rebut that presumption should they wish to apply.

Our client was out of the U.S. more than 180 days twice.  During these trips, she was in France, Singapore, and Indonesia for her MBA and the other trip was for an internship.

According to Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007), in cases where an applicant left the U.S. to study abroad after they became a permanent resident, the courts have ruled that such study does not result in abandonment of residency. Our office drafted a brief which explained the nature of our client’s long trips abroad and argued that she is otherwise eligible for naturalization despite her two long trips outside United States.

The brief and his N-400 application were filed on January 6, 2014 with all necessary supporting documents. Our office prepared her for her interview as well. Our client appeared at her naturalization interview on July 23, 2014 at the NYC USCIS Field Office.  Our client answered all questions correctly and passed her citizenship interview. Her N-400 was approved on July 25, 2014. Her oath taking is scheduled where she will become a U.S. Citizen.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Cleveland, Ohio

Our client contacted our office in February of 2013 regarding her I-751 application.

She is from the Philippines and married a U.S. citizen in September 2011. Through her marriage, she obtained a 2-year conditional green card in April of 2012.  Her conditional residency terminated in April 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 again on February 14, 2014 and our office prepared an I-751 application for our client with bona fide marriage documents.

On March 21, 2014, our office filed an I-751 application to the USCIS with joint bank statements, utility bills, insurance policies, joint lease, joint tax records 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 weeks later.  However, USCIS issued a Request for Evidence (RFE) on June 16, 2014.  The USCIS requested our client to submit more documentary evidence to prove the bona fide nature of her marriage with her husband. In response to the RFE, our office prepared the response and gathered more joint documentary evidence to demonstrate the bona fide nature of our client’s marriage with her husband during last two years. We filed the RFE response on July 3, 2014 to the USCIS.

Eventually, on July 23, 2014, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE: Change of Status from B1 / B2 to H-4, Same-Sex Marriage

CLIENT: Filipino

LOCATION: Oregon

Our client came to the United States in November 2013 with a valid B-2 visitor’s visa from the Philippines. Later, in March 2014, he married his same-sex spouse in Washington where the same-sex couple’s marriage is legally recognized. His spouse is an H-1B visa holder.

As a family dependent of an H-1B visa holder, our client can change his status from B1 / B2 to H-4. Our firm was retained and on April 14, 2014, we filed our client’s I-539 with all supporting documents to the USCIS. There were no requests for evidence. On July 2, 2014, the Change of Status was approved. Our client is now on H-4 and is with his spouse in Oregon.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Honolulu, HI

Our client came to the United States in 2008 with an H-4 visa from the Philippines. In December 2012, she changed her status from H-4 to F-1 to pursue her Bachelor’s degree in the United States.  She married a U.S. Citizen in December 2013 and retained our office on January 21, 2014 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 11, 2014.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

The interview was scheduled. However, our client’s U.S. Citizen husband left the U.S. deployment in Afghanistan. Our office submitted an interview rescheduling request to the USCIS Honolulu Field Office, asking for an interview at a later time. However, the USCIS Honolulu Field Office contacted our office and told us that they still want the beneficiary to appear for the interview even without the Petitioner.

Prior to the interview, we thoroughly prepared our client via conference calls. We made sure bona fides are shown at the interview as well as documentation as to why her husband was abroad (U.S. Army Service)

On June 5, 2014, our client was interviewed at the Honolulu, HI USCIS.  On June 6, 2014, her green card application was approved.

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CASE: J-1 Visa Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Illinois

Our Filipino client came on a J-1 visa in April 2010. He has remained in the United States ever since, even past his J-1 program. He was subject to the two-year foreign residency requirement.

He contacted our office after the Windsor (re same-sex) decision passed, and told us that he planned to get married to his U.S. citizen fiancé at that time (same-sex).

He was eligible for adjustment of status based on his marriage to U.S. citizen spouse, but he cannot adjust without a waiver of his two-year foreign residency requirement.

Upon retention, our office prepared and filed a waiver request based on a possible No Objection Statement (NOS) from the Philippine Embassy in the United States.

On July 31, 2013, the J-1 Visa Waiver Application (Form DS-3035) was filed to the Department of State.  Later in September 2013, our client married his U.S. citizen spouse in San Francisco, CA where same sex marriages are recognized. Then, we also sent a request to the Illinois State Government to get authentication for necessary documents.  Later, these authenticated documents and the No Objection Application (for the Philippine Government) were sent to the Philippine Consulate in Chicago and San Francisco for further authentication. On December 12, 2013, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.

The Waiver Review Committee eventually approved the No Objection request and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement to the U.S. Department of State.

On May 5, 2014, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.

Eventually, on May 20, 2014, the USCIS issued an I-612 approval notice for the waiver.

Now, our client can file for his adjustment of status application along with his U.S. Citizen spouse’s I-130 petition.

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

EMPLOYER: Health Clinic

BENEFICIARY: Filipino

LOCATION: New York, NY

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 the 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. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), he can file his adjustment of status application at any time (he could have filed it simultaneously, but beneficiary wanted to make sure the I-140 was approved first).

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CASE: H-1B Change of Employer

PETITIONER: Elementary School

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: New Mexico

Our client is a public grant elementary school for native Indians in New Mexico. They contacted our office to seek assistance from for their foreign employee. The beneficiary is from the Philippines and she obtained her Bachelor’s degree in English. The proffered position for the Beneficiary is an elementary school teacher which we argued qualifies as a specialty occupation

The foreign beneficiary in this case already had her H-1B from her previous employer which was in a similar industry.  She also has an approved I-140 petition which allows her to get a three year extension. Her H-1B status was not yet expired, and she wanted to extend her H-1B status on a change of employer basis.

After retention, our office filed the H-1B visa petition with various supporting documents on January 20, 2014 via premium processing.  Since this petition was based on a change of employer, this petition was exempt from the annual cap of the H-1B.  Thus, we could file prior to April 1, 2014.

However, the USCIS issued a Request for Evidence for this petition on January 30, 2014. The USCIS requested the beneficiary to submit her teaching license, employment verification with her most recent employer, and W-2 and pay stubs from her most recent employer. Our office helped the beneficiary and filed a Response to RFE to USCIS on April 25, 2014. Eventually, our client’s H-1B Petition was approved on April 28, 2014.  Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for the next three years.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Cleveland, Ohio

Our client contacted our office in September of 2013 regarding her I-751 application.

She was from the Philippines and she married a U.S. citizen in June 2011. Through her marriage, she obtained a 2-year conditional green card in December 2011.  Her conditional residency terminated in December 2013.

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 again on September 26, 2013 and our office prepared an I-751 application for our client with supplemental exhibits.

On October 11, 2013, our office filed an I-751 application to the USCIS with joint bank statements, utility bills, insurance policies, joint lease, joint tax records 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 weeks later.  However, the USCIS issued a Request for Evidence (RFE) on January 23, 2014.  The USCIS requested our client to submit more documentary evidence to prove the bona fide nature of her marriage with her husband. In response to the RFE, our office prepared the response and gathered more joint documentary evidence to demonstrate the bona fide nature of our client’s marriage. We filed the RFE response on March 5, 2014 to USCIS.

Eventually, on March 20, 2014, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Filipino
LOCATION: Irvine, California

Our client contacted us in October 2013 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 February 2009. He retained our office for his naturalization and citizenship N-400 application on October 9, 2013.

The naturalization and citizenship N-400 application was filed on November 5, 2013 with all supporting documents. Our office prepared him before his naturalization interview through conference calls. On April 14, 2014, our client appeared for his N-400 interview at the Santa Ana CIS office. Our client answered all questions correctly and passed his naturalization and citizenship N-400 interview. Eventually, his naturalization application was approved on April 28, 2014. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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