CASE: Change of Status from B1 / B2 to H-4
CLIENT: Filipina
LOCATION: Santa Clara, California

Our client was married to an H-1B visa holder working for Apple. They were married in the Philippines. She came here on a B1 / B2 visa for a business visit with the intention of returning back to the Philippines for work. She changed her mind while she was here and decided to remain with her husband. As a family dependent of an H-1B visa holder, our client can change her status from B1 / B2 to H-4. Our firm was retained and on October 4, 2011, we filed our client’s I-539 with all supporting documents to the USCIS in Dallas. There were no requests for evidence. On November 14, 2011, the Change of Status was approved. Our client is now on H-4 and is with her husband in Santa Clara California.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Hartford, CT

Our client came to the United States in 2004 with an H-4 visa from the Philippines. Her ex-husband was an H-1B visa holder, so our client came as an H-4 dependent.  Unfortunately, her marriage with her ex-husband ended in 2010.  Several months later, she married a U.S. Citizen and retained our office in May 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on June 17, 2011.  Things went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time.   Prior to the interview, we thoroughly prepared our clients over the telephone. Our client had a divorce and her husband had three prior divorces so we anticipated that the officer would ask a lot of questions and maybe even separate them.  On November 7, 2011, our client was interviewed at the Hartford, Connecticut USCIS Field Office. Attorney Sung Hee Yu accompanied them at the interview as well.  On November 14, 2011, her green card application was approved.

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CASE: Adjustment of Status / J-1 Waiver
NATIONALITY: Philippines                                                                                                       �
LOCATION: Seattle, WA

Our client came from the Philippines on a J-1 Visa three years ago. However, upon completion of her J-1 program, she remained in the United States.  According to her DS-2019, she was subject to the two-year foreign residency requirement.   At the end of last year, she got married to her U.S. citizen husband and later on consulted with our firm for her adjustment of status (obtaining a green card). 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.

Our client asked us to help her obtain a waiver of the two-year foreign residency requirement.  Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States.

On January 18, 2011 the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Washington State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippine Government) were sent to the Philippine Consulate General for further authentication.  On March 8, 2011, the Consulate office in San Francisco 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. which eventually issued a No Objection Statement.  Throughout the process, we asked these government agencies to recommend a waiver for our client based on the fact that our client was eligible to adjust if she obtains a waiver.

On April 27, 2011, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 16, 2011, the USCIS issued an I-612 approval notice for the waiver.

Once the waiver was issued, our office filed the I-130 Petition and I-485Adjustment of Status Application on May 18, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  We thoroughly prepared our clients prior to the interview.   On August 17, 2011, our client was interviewed at the Seattle USCIS Field office.  Attorney Sung Hee (Glen) Yu accompanied them at the interview as well. The Petitioner and Respondent were separated, but were prepared to answer questions and did well. Although the interview process was intensive and the USCIS went through further investigation for our client’s eligibility, on October 18, 2011, her green card application was finally approved.

From having the two-year foreign residency requirement, our firm effectively helped her get a J-1 waiver before she adjusted her status.  She did not have to go to the Philippines for 2 years before she got her permanent residency in the United States. She’s now a green card holder.

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

Our client came to the United States in March 2011 with a B-2 tourist visa from the Philippines. She married a U.S. Citizen in June 2011 and retained our office around the same time for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on July 18, 2011.  Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On September 19, 2011, our client was interviewed at the Cleveland, Ohio USCIS. Attorney Sung Hee Yu accompanied them at the interview as well.  On the same day, her green card application was approved.

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On August 2, 2011, the U.S. Embassy in Manila established its Visa Reissuance Program (VRP) to expedite tourist visa renewals for those who previously have been issued multiple entry visas to the United States valid for five years or longer.

Under this program, a Philippine citizen holding a valid tourist visa can apply for re-issuance within 12 months of its expiration date. Visa reissuance applicants will be given a priority appointment date. They only need to appear at the Consular Section of the Embassy at the designated appointment time to submit a valid passport and application confirmation page, and to have their fingerprints digitally scanned. No interview will normally be needed. The applicants can expect to receive their passports with the new U.S. visa within a week of application.

Below are the requirements to be eligible for the visa reissuance program:

• Philippine passport holder
• Previously been issued a B1/B2 visa good for five or ten years
• Visa is still valid or has expired within the last twelve months
• In possession of all passports covering the entire period of time since that most recent full-validity visa
• Have not been refused a U.S. visa in the last twelve months
• Visa is not annotated “clearance received”
• Have not stayed in the U.S. longer than 6 months straight (even if the CIS approved an extension)
• Have not ever been arrested or convicted for any offense or crime, even if subject of a pardon
• Can provide the visa control number from the visa

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

Our client came to the United States in November 2007 with an H-2B temporary work visa from the Philippines. She overstayed and later on married a U.S. Citizen in February 2011. They then retained our office in March 2011 for her green card.

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 13, 2011.  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 July 11, 2011, our client was interviewed at the Cleveland, Ohio USCIS.  We accompanied them at the interview as well.  On July 20, 2011, her green card application was approved and our client obtained her green card.

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CASE: Termination of Removal Proceedings / Adjustment of Status
ISSUES: 245i; Deceased Petitioner
CLIENT: Filipino
LOCATION: Cleveland, Ohio

This case involves a situation where the beneficiaries had to wait over ten years for priority dates to be current, only to have the petitioner die prior to that happening. Our client, his wife and son, are from the Philippines and came to the U.S. on B-2 visitor’s visas back in 2002. They overstayed their tourist status and have been out of status ever since.

Prior to retaining our firm, our client’s mother filed an I-130 petition for him back in 1992.  As some of you may know, the priority dates for Philippine nationals under the family-based immigration category are more retrogressed than other countries. The I-130 petition was approved by the INS in 1992.  However, our client could not apply for his green card until his priority date became current. He had to wait for almost 20 years in order to even apply for his green card.

Unfortunately, his mother (I-130 Petitioner) passed away before he was eligible to apply for his green card.  He and his family was placed in removal proceedings after the DHS found out about his overstay. He was under the impression that nothing could be done since his mother (the I-130) petitioner died.

Once he contacted our office, we explained that an October 2009 law can help his entire family obtain a green card. We can terminate removal proceedings and apply for adjustment of status application with a substitute sponsor – his U.S. Citizen sister. We also informed him that Section 245i would make him eligible to adjust despite his overstay.

Our office was retained in August 2010, and we later filed his I-485 Adjustment of Status application with a substitute sponsor (his US Citizen sister) and a Request to Join in a Motion to Terminate with the Department of Homeland Security before his immigration hearing. We explained this to the Judge and government attorney at the Cleveland Immigration Court.

As we explained in a previous Success Story, the regulation in 2009, Public Law 111-83 (2009), eased the high burden for beneficiaries whose petitioners died prior to their adjustment of status application.  The new regulation does not require “humanitarian reinstatement” anymore.  Therefore, as long as there is a qualified substitute sponsor for these beneficiaries, the beneficiaries are eligible for adjustment of status even if the original petitioners are deceased.

Our client’s US citizen sister was willing to become a substitute sponsor for our client. On September 27, 2010, our office filed a request to join in a Motion to Terminate Proceedings with the family’s I-485 applications and supporting documents.  Thereafter, with the government’s agreement, the Immigration Judge terminated our client’s removal proceedings on September 28, 2010.  With the Judge’s Order, our office filed our client’s I-485 Adjustment of Status applications with the USCIS on October 7, 2010.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

On January 3, 2011, our clients had their I-485 interview at the USCIS Cleveland Office.  Our lawyer accompanied our client and his family members for the interview. The Interview went smoothly, but our client could not get his green card right away due to a slight retrogression of priority dates.  Fortunately, in July 2011, his priority date became current, and the USCIS immediately approved his entire family’s Adjustment of Status application. After a 19 year wait from the time our client’s mother filed an I-130 petition, to a 9 year wait from the time his family entered the United States, finally, our client’s family all have their green cards.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipino
LOCATION: Orlando, Florida

Our client came to the United States in December 2008 with an E-1 visa from the Philippines. She married a U.S. Citizen in November 2010 and retained our office in late January of 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application (I-485) on February 23, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On June 22, 2011, our client was interviewed at the Jacksonville, Florida USCIS office.  On the same day, her green card application was approved, and our client obtained her green card.

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CASE: I-130 and Consular Processing for Petitioner’s two minor stepdaughters
LOCATION: Petitioner: Maryland; Beneficiaries: Philippines

Our client is a U.S. citizen who married a Filipina in Maryland. Thereafter, he filed an I-130 Petition for his wife and his wife eventually obtained a green card.  However, his two stepdaughters did not get green cards at the time his wife adjusted her status.  His two minor stepdaughters were residing in Philippines. Apparently, they did not know that the Petition could have also been simultaneously filed for his stepchildren.

Once his wife got her green card, our client filed the I-130 petition on behalf of his two stepdaughters in the Philippines.  He filed the I-130 by himself and the USCIS issued an extensive RFE in October 2010.  Upon the issuance of RFE, our client contacted our firm and sought for legal assistance from us.

We initially set up an appointment with our client at our Washington DC office. He is the CEO of his own company and apparently did not have time to go to DC, so we drove to Columbia Maryland and met him there to discuss the case. He retained our office immediately, and our office started to work on the Response to RFE and Packet 3 and 4 for his stepdaughters.

Our office filed the Response to RFE on November 24, 2010.  In the Response brief, our office fully explained that the marriage between our client and his wife is bona fide and explained why his wife and step-daughters’ petitioners were not filed concurrently.  Everything went smoothly, and the daughters’ I-130 and immigrant visa interview was scheduled on May 4, 2011 at the U.S. Embassy in Manila, Philippines.  The U.S. Embassy in Manila eventually approved the immigrant visas for his stepdaughters.

Our client’s step-daughters are now here in the United States reunited with their mother and step-father.

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

Our client contacted us in February 2011.  He came to the United States from the Philippines and obtained his green card in 2005.  He retained our office for his naturalization application.

The application was filed on February 24, 2011 with all necessary supporting documents.   Our office prepared him before his interview, and also accompanied him on May 2, 2011 at the Cleveland CIS office.  Our client answered all questions correctly and passed his citizenship interview.   Eventually, his N-400 was approved. His oath taking is scheduled for June 3, 2011 in which he will be a U.S. Citizen.

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