CASE: I-129F Fiancée Petition and Fiancée Visa
PETITIONER: US Citizen in Gainesville, FL
BENEFICIARY: Filipina
PETITION FILED: March 20, 2013
PETITION APPROVED: July 25, 2013

Our client, a US Citizen Petitioner, met his Filipina fiancée who was living in Taiwan online. Their relationship grew and he met her in person in Taiwan in December 2012. During his visit, he proposed to her. Months after his proposal, he retained our firm to file a fiancée petition.

After retention, we informed our client of the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on February 12, 2013. We helped him and his fiancée draft letters in support of the fiancé petition, gathered supporting documents, and we filed the petition on March 20, 2013.

On July 25, 2013, the I-129F Fiancée petition was approved.

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CASE: Marriage-Based Adjustment of Status.
NATIONALITY: Philippines
LOCATION: Colorado

Our Filipina client came to the U.S. on a J-1 Visa in July 2009.  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. In March 2011, she got married to her U.S. citizen husband. She was eventually eligible for a green card through her; however, she had to get a waiver of her two-year foreign residency requirement first. In order to get a waiver of her two-year foreign residency requirement, she consulted with our office and later decided to retain our firm.

Our office worked on her 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 February 25, 2013, 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 on March 8, 2013.

After we received the I-612 waiver, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on April 2, 2013.  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 July 18, 2013, our client was interviewed at the Denver USCIS office.  On the same day, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Filipina
LOCATION: Ohio

Our client contacted us in early April 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 1999. She retained our office for her naturalization and citizenship N-400 application on April 25, 2013.

The N-400 application was filed on April 29, 2013 with all supporting documents. Our office prepared her before her naturalization interview, and also accompanied her on July 11, 2013 at the Cleveland CIS office. Our client answered all questions correctly and passed her naturalization and citizenship N-400 interview. Eventually, her naturalization application was approved on the same day. Her oath taking will be scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-360 and adjustment of status
CLIENT: Filipina
LOCATION: Connecticut

Our client’s father is a G-4 visa holder from the Philippines who is working for an international organization in the United States.  He has a daughter who came to the United States with him and sought legal assistance from our firm for his daughter’s permanent residency in the United States, based on the special immigrant provisions of the INA.

INA 101(a)(27)(I)(i) defines such an alien as “an immigrant who is the unmarried son or daughter of an officer or employee, or of a former officer or employee, of an international organization described in paragraph (15)(G)(i), and who:

(I)                While maintaining the status of a G4 nonimmigrant, has resided and been physically present in the United States for periods totaling at least one-half of the seven years before the date of application and for a period or periods aggregating at least seven years between the ages of five and 21 years

(II)             Applies for adjustment of status no later than his or her twenty-fifth birthday…

Based on this provision, we advised our client that his daughter is eligible for adjustment of status. She has been physically present in the U.S. for a period totaling at least one-half of the seven years before this date, aggregating at least seven years between the age of 5 and 21.

Our client’s father retained our office on February 1, 2013.  Our firm prepared and filed the I-360 Petition and Adjustment of Status Application on February 17, 2013.  We included the letter from her father’s international organization for verification purposes and her high school transcripts as well. Once the applications were filed, everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Eventually, on June 26, 2013, the USCIS approved both the I-360 and I-485 applications for our client’s daughter.  She now is a green card holder.

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CASE: I-129F Fiancé Petition and Fiancé Visa

PETITIONER: US Citizen in St. Louis, MO

BENEFICIARY: Filipino

PETITION FILED: November 8, 2012

PETITION APPROVED: June 3, 2013

Our client, a US Citizen Petitioner, met her Filipino fiancé in the Philippines in 2008 and 2010. Her fiancé also visited our client in the United States in 2010 and 2012. When he visited our client in May 2012, he proposed to our client. Months after his proposal, our client retained our firm to file a fiancé petition for him.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on September 26, 2012. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on November 8, 2012.

On June 3, 2013, the I-129F fiancé petition was approved.

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CASE:  I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Filipina

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a B-2 Visitor’s Visa in March 2009. She remained in the United States after her authorized stay expired. Because of her overstay, she was placed in removal proceedings in Cleveland, Ohio.

Our client married her U.S. citizen husband in April 2011 in Ohio. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in June 2012. Unfortunately, after being in Court prior to our retention about 4 to 5 times, she could not get her case terminated.

She contacted our office around September 2012 to seek legal assistance. She retained our office in October 1, 2012.

After our office was retained, we prepared and filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents to the Cleveland Immigration Court. The DHS counsel in Cleveland agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on February 5, 2013.

Once her case was terminated with the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on February 25, 2013, together with other necessary forms and supporting documents. 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 at our office.

On May 10, 2013, our client was interviewed at the Cleveland CIS office. Our attorney Sung Hee (Glen) Yu accompanied them as well. Our client was fully prepared and the interview went well.  On May 17, 2013, her green card application was approved.

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CASE: I-140

 EMPLOYER: Hospital

 BENEFICIARY: Filipino

 LOCATION: Erie, PA

Our client is a family physician from the Philippines, who is currently working at a hospital which was willing to do a second-preference petition (I-140) for him. He has a M.D. degree and is a licensed physician in the state of Pennsylvania. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm concluded that his potential employer can petition him as a Family Medicine Physician. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.

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 foreign degree evaluation report, our office filed the job order on November 16, 2011.  On May 10, 2012, we filed PERM.  Eventually, on July 17, 2012, a little after two months from filing, the PERM Labor Certification was approved – an EB2 position for the Filipino beneficiary.

We then proceeded with the I-140 Petition filing.  We submitted the “ability to pay” letter for the I-140 petition application.  We included the job offer letter, state physician license, our client’s M.D. degree, and other necessary supporting documents.

The I-140 Petition was filed on September 11, 2012 via regular processing.  On May 3, 2013, the I-140 EB2 Petition for our Filipino client was approved.

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

NATIONALITY: Philippines

LOCATION: Colorado

Our Filipina client came on a J-1 visa in July 2008. 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.

In March 2011, she got married to her U.S. citizen husband and later consulted with our firm for her J-1 visa waiver. She had to do this first before becoming eligible to adjust status.

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

On May 17, 2012, the J-1 Visa Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Illinois, Minnesota, and Colorado State Government to get authentication for necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippine Government) were sent to the Philippine Consulate in Chicago for further authentication (she was residing in Minnesota at the time of the authentication process).  On July 26, 2012, 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 February 25, 2013, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 8, 2013, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment of status application along with her U.S. Citizen husband’s I-130 petition.

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CASE: Marriage-Based Petition and Adjustment of Status
CLIENT: Filipina
LOCATION: Chicago, IL

Our client came to the United States in November 2010 with an H-1B work visa from the Philippines.

She married a U.S. Citizen in June 2012 and retained our office on November 22, 2012 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 5, 2012.  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 March 13, 2013, our client was interviewed at the Chicago, IL USCIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. On the same day, her green card application was approved.

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CASE: Adjustment of Status in Removal Proceedings / Administrative Closure
CLIENT: Filipinos
LOCATION: Charlotte, NC (EOIR) / Charleston, SC (USCIS)

Our clients came to the United States in November 2011 with K-1 and K-2 visas from the Philippines (mother and four children).

In 2005, our clients adjusted status in the United States and became green card holders.  However, in January 2011, the DHS issued a Notice to Appear against our clients. The NTA alleged that the mother’s marriage to her U.S. citizen husband (they divorced in 2006) was fraudulent, and so the allegations made them removable from the United States. They were placed in deportation proceedings at the Charlotte Immigration Court.

Once the NTAs were issued, our client’s family contacted our office for legal assistance and retained our office on February 16, 2011.

On May 2, 2011, Attorney Sung Hee (Glen) Yu from our office represented our client and her family members at their initial master calendar hearings at the Charlotte Immigration Court.

Mr. Yu first denied some of alleged factual allegations on their NTAs and requested a removability hearing.

Before that hearing, the government submitted their evidence to prove removability. It was substantial, with multiple exhibits and several proofs that made it extremely hard for all of our clients to overcome removability. In August 2011, the removability hearing was held, but due to the evidence presented by the government, which included email correspondence by Respondent as submitted by her ex-husband, the Immigration Judge found the mother removable under the alleged fraud charge.

The mother’s case as she knew was weak, but she explained to us beforehand that she wanted to save her four children. She just wanted them to remain in the US and preserve their future. She worked hard to support them here.

We argued that the mother’s fraud should not be imputed to her children. After testimony and closing, our client’s mother was granted for Voluntary Departure and she eventually complied with the court’s order. More importantly, the court also dropped all fraud charges for all her kids. That was huge.

Our client (the eldest daughter) then married her U.S. Citizen husband in February 2011.  Our client’s husband filed an I-130 petition on behalf of our client in August 2011, and this I-130 petition was approved by the USCIS Charleston Field Office in February 2012. Once her I-130 was approved, our office informed the Court and sought adjustment of status based on this I-130 petition.  Her siblings sought a waiver under INA Section 212(k) as well and the Immigration Judge found that they were eligible to file this waiver.

After several hearings in between, the 7^th hearing came up – the individual hearing.

On March 4, 2013, Attorney Glen Yu represented our clients at their Individual Hearing. One of them for adjustment of status. The three other children had borderline cases with no immediate relief, and the best thing for them was administrative closure, in which they get to stay and work in the United States.

Our office and the DHS communicated with each other, and both moved for administrative closure for our the three siblings.

On March 4, 2013, the Immigration Judge granted our joint motion and administratively closed the three sibling’s cases.

For the eldest sister, during the adjustment of hearing, there were the direct and cross examinations regarding her adjustment of status application. Eventually, the Immigration Judge approved our client’s adjustment of status relief. Our client’s removal proceedings were terminated simultaneously. After seven hearings, our client is finally a green card holder while her siblings all got their deportation cases administratively closed.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

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