CASE: Immigrant Visa Application
ISSUES: Overage, Patriot Act
NATIONALITY: Filipino
LOCATION: California / Philippines

Our Filipina client came to the United States in December 2001 on a tourist visa. Her son was left back in the Philippines. Our client was on her way to permanent residency. Her U.S. Citizen father filed an I-130 petition for her back in 1987, and it was approved in the same year. So priority dates were getting current, and with the law on her side, she was on her way to getting a green card and bringing her son as a derivative.

However in May 2004, the petitioner father died. Our client already overstayed for over a year, and so coming back to the Philippines would give her a ten year bar. She went through several lawyers and was placed in deportation proceedings in Chicago and Los Angeles. She was losing hope.

She retained our firm in November 2010 and through INA 204(l) and Public Law 204(l), after representing her in Chicago and Los Angeles for interviews and court, she finally got her green card on February 15, 2012. Her case was complex, and it was indeed a success story. (Please click here for the success story). So after she got her green card, it was time to bring her son over here. Her son whom she has not seen in over eleven years.

There was a big problem though. Consular processing in Manila takes time. The filing parts are easy. We do those all the time. Other lawyers too. It’s the waiting that takes time – how long Manila schedules an interview. Our client’s son was born July 23, 1991, which meant that he was going to turn 21 in July 23, 2012. He would get a visa soon if immigration still considered him a “child” (under 21 years old). If he was over 21, then the preference category would change, and thus delay the process by a good seven years. So at that point we had to hurry, or come up with a novel argument.

We filed everything that could be filed as quickly as possible. From the I-824, to the immigrant visa payment process, to the immigrant visa application. We called the embassy for interview scheduling, but he was scheduled for August14, 2012. At that point he would be over 21.

So we had to brief the consul about one of the provisions of the Patriot Act, a provision that would still make our client’s son a “child” despite being over 21. This was different from the Child Status Protection Act. Under Section 424 of the Patriot Act, an alien whose 21st birthday occurred after September 2001, and who is the beneficiary of a petition or application filed on or before September 11, 2001, will be considered a “child” for 45 days after the alien”s 21st birthday. Thus, immigrant visa applicants who would otherwise lose status upon attaining 21 but who meet the conditions of section 424 may be issued visas up to 45 days after their 21st birthday.

August 14, 2012 was within 45 days of our client’s son’s 21st birthday, so he was in. We sent a brief to the consul to inform them of our client’s eligibility despite being over 21. We also sent a brief to our client. Unfortunately due to a delay in St. Luke’s processing of his medicals, they had to reschedule his interview. This was frustrating because he was already within the Patriot Act. A rescheduled date past September 6, 2012 (45 day mark) would delay the process by over seven years.

We did everything we can to urge the Consul to schedule an interview before September 6. We called and emailed, even though we knew this was not the how it’s done. We mailed them another packet, explaining the Patriot Act. Finally after about a week, they scheduled the interview on September 4, 2012. He made it by two days.

But his case wasn’t over. He went to his interview the morning of September 4, 2012, and unfortunately was assigned to an officer who had no idea what the Patriot Act is. Fortunately we told our client’s son to bring a copy of the brief, supplementing his supporting documents. The officer said he was not eligible, but took the brief we prepared. He was asked to come back in the afternoon.

We knew he should be in. We knew he should have gotten it. But that’s what you get in consular processing cases, it really depends on which officer you get.

I would not know first hand if he got approved. It was him who will find out once he got back to the consul that afternoon.

I got a call early that morning from his mother. She was so thankful for our work. Her son’s immigrant visa was approved. After eleven years, she’ll finally see her son.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipino
LOCATION: Houston, TX

Our client came to the United States in October 2011 with a B-2 visitor visa from the Philippines.  He married a U.S. Citizen in April 2012 and retained our office on May 3, 2012 for his petition and adjustment of status application.  Our firm prepared and filed the I-130 petition and I-485 adjustment of status application on May 30, 2012.  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 over the phone. On August 13, 2012, our client was interviewed at the Houston, Texas USCIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied our client as well.  On August 22, 2012, his green card application was approved.

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CASE: G4 Son and Daughter I-360 and I-485
CLIENT: Filipino
LOCATION: Arlington Virginia

Our clients (son and daughter of their G4 visa holding mother – employee of an international organization) came to the US on G4 derivative visas in 2004. One came at the age of thirteen, and another at the age of nine. They have resided in Virginia ever since, on valid G4 status, as their mother worked for an international organization on a G4 visa also since 2004. They’ve heard of a process in which a G4 son or daughter can apply for permanent residency after meeting certain age and physical presence requirements, and having been here since 2004 on G4 visas, they consulted with attorneys. They retained our firm in March 2012 for their I-360 Special Immigrant Self-Petition and I-485 Adjustment of Status Green Card Application (Permanent Residency),

The I-360 sought to classify the self-petitioner as a special immigrant unmarried son or daughter of an international organization employee (their mother on a G4 visa) under INA § 203(b)(4).

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 physical 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…

The I-360 Self-Petition for G4 Sons and Daughters and their I-485 Adjustment of Status Green Card Applications were filed on March 7, 2012. The I-360 Self-Petition and I-485 Adjustment of Status Application (Green Card / Permanent Resident) showed ample proof of their residency the past seven plus years, including school records for each year. The G4 visas and entry stamps were documented. We also had a letter from the international organization their mother worked at evidencing her employment with them on a G4 visa since 2004. We also emphasized on our brief the ages and dates relevant to the calculations involved in adjudicating these G4 special immigrant green card cases. Forms I-508 and I-566 were also submitted, as is required for G4 visa holders applying for adjustment of status. On July 16, 2012, the I-360 and I-485 were both approved. After spending the past eight years in the United States as G4 visa holders, they finally are now permanent residents of the United States.

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CASE: PERM Labor Certification
EMPLOYER: Hospital
BENEFICIARY: Filipino Doctor
LOCATION: Erie, PA

Our client is a family doctor from the Philippines, who is currently working at a hospital in Erie Pennsylvania who was willing to do an immigration petition him for a second-preference petition (I-140).  Our client has an M.D. degree and is a licensed doctor 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 as a family doctor, our office determined that he is clearly eligible for the EB-2 classification for his I-140 petition.

Prior to filing PERM labor certification, 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 Labor Certification 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.  On May 10, 2012, we filed the PERM labor certification application.  Eventually, on July 17, 2012, a little after two months from filing, the PERM labor certification was approved – an EB2 position for the Filipino doctor. Now our client can file the I-140 Petition. He can file the I-485 green card application and I-765 once the priority dates becomes current.

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

Our client came to the United States in January 1994 with an H-1B visa from the Philippines. Although her authorized stay expired on December 29, 1994, she remained in the United States. She married a U.S. Citizen in January 2011 and retained our office a few months later.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 17, 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 call. On July 11, 2012, our client was interviewed at the Chicago, IL USCIS.  We accompanied our client at her interview as well.  On the same day, her green card application was approved.

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The July 2012 Visa Bulletin is out, and please be informed that the EB2 Category is not current anymore for Mexico, Philippines, and “Other Countries”. India and China actually have an “unavailable” priority date and it will likely be “unavailable” until the October 2012 Visa Bulletin comes out.  Whereas other countries including the Philippines and Mexico have always been current on the EB2 category, now, based on the visa bulletin for July 2012, the priority date is January 1, 2009. This means that for Mexico, Philippines, and other countries, even if EB2 labor certifications are approved, the I-140 could not be filed simultaneous to the I-485 adjustment of status application. Even if the I-140 is approved, with the priority date listed as 2009, it may take close to 3 years before one can even file the adjustment of status application. For China and India, even those with I-140s approved and priority dates of 2008, 2009, and 2010 could not even file I-485s until the visa numbers become available, and their priority dates current.  Thus, it is very important to maintain non-immigrant status until the priority date becomes current again.

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CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipina
LOCATION: Des Plaines

Our client is a registered nurse, who is currently working at a large nursing and rehabilitation facility in Des Plaines, Illinois. Her employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). Since she was a registered nurse, she was 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 more than 4 years related experience. Our office was retained on January 31, 2012 and we started on the Prevailing Wage Determination filing and other related matters.

We filed the I-140 application on March 29, 2012 via regular processing. We included the job offer letter, employment verification letters from our client’s previous employers, the notice of filing, her H-1B status approval notices, and other necessary supporting documents.  On May 5, 2012, upon our client’s request, we upgraded her processing to premium processing by filing an I-907 application with the required fees. However, the Nebraska Service Center issued Notice of Intent to Deny on May 17, 2012. The USCIS NSC argued about Petitioner’s normal recruiting procedures.  On May 23, 2012, our office filed a Response to Notice of Intent to Deny and argued that Petitioner has no in-house media and their normal procedures do not include the use of in-house media for the recruitment of similar positions. Also, Petitioner did place the notice of filing in accordance with the regulations and that was submitted at the I-140 filing.  On May 30, 2012, the I-140 was approved. Now, our client can file I-485 adjustment
of status application based on the approved I-140 petition when her priority date becomes current. She also will be eligible for a 3-year extension of her H-1B even if she is on her 6th year on H-1B.

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CASE: Employment-Based Adjustment of Status / Derivative Beneficiary
CLIENT: Filipino
LOCATION: Des Plaines, IL

Our client came to the United States in 2007 with an H-4 visa as a dependent of his H-1B visa holding wife from the Philippines.  His wife was working as a registered nurse in the United States. His wife’s previous employer filed an I-140 petition under the EB-3 classification on her behalf.  The petition was later approved, and our client’s priority date was sometime in August, 2001.  Through our legal assistance, our client’s wife obtained her green card in March 2012.

In February 2012, our client sought legal assistance from our office regarding his adjustment of status application.  Based on our client’s wife’s approved I-140, our client was eligible to file for adjustment of status.  Our firm prepared and filed the I-485 Adjustment of Status Application and I-765 Employment Authorization Documentation on February 20, 2012.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time.  On May 16, 2012, the USCIS Nebraska Service Center approved our client’s adjustment of status application.  After a long wait, our client finally became a green card holder.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Baltimore, MD

Our Filipino client came to the United States in 2003 with a G-4 visa, a non-immigrant visa which allows foreign officers or employees of international organizations of any rank to enter into the U.S. to engage in business activities and not for personal business and pleasure. She married a U.S. Citizen in March 2010 and retained our office on February 16, 2012 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 27, 2012.  In the application, our firm also included Form I-508 (Waiver of Rights, Privileges, Exemptions and Immunities) and Form I-566 (A, G, or NATO Dependent Employment Authorization or Change/Adjustment To/From A, G, or NATO status) since our client was in G-4 status.  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. On May 2, 2012, less than three months from filing the applications, our client was interviewed at the Baltimore, Maryland USCIS office. Two days later, on May 4, 2012, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Cleveland, OH

Our client came to the United States in January 2010 with an H-2 temporary work visa from Philippines. She married a U.S. Citizen in September 2011 and retained our office on November 8, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on January 9, 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. On April 13, 2012, our client was interviewed at the Cleveland, Ohio USCIS.  We accompanied them at the interview as well.  On April 24, 2012, her green card application was approved, and our client obtained her green card a week later.

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