CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Filipino

LOCATION: Parma, OH

Our client came to the United States from the Philippines with a J-1 exchange visitor’s visa in November 2019. Since then, he has remained in the United States. His J-1 program was not subject to the two-year foreign residency requirement. In February 2021, he married his U.S. Citizen same-sex spouse in Ohio.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law. 

They married in Ohio where same-sex marriage is recognized. Our client contacted our office and retained us on March 2, 2021 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application together with all necessary supporting documents on March 23, 2021. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. 

Prior to the interview, we thoroughly prepared our client via conference call. On December 13, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients. The green card application was approved on December 14, 2021.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino

LOCATION: Buena Park, CA

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in December 2020. Since then, he has remained in the United States. He has a U.S. Citizen spouse. He visited her in December 2020; however, due to COVID-19 situations, he decided to remain in the U.S and apply for permanent residency. He retained our office on February 12, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 4, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On December 9, 2021, our client was interviewed at the Santa Ana, CA USCIS office.  Eventually, on the same day of the interview, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Cleveland, OH

Our client contacted us in September 2021 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in February 2018 through her marriage to a US citizen spouse. 

We filed her N-400 application on October 12, 2021, with all supporting documents. On November 19, 2021, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Prior to her N-400 interview, the USCIS officer also did the interview for her pending I-751 application as well. This I-751 application was approved on November 30, 2021. On December 2, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Filipina

LOCATION: Fulshear, TX

Our client came to the United States in May 2020 as a K-1 visa entrant from the Philippines.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States. She married in July 2020. 

Our client contacted our office initially and consulted with us for her adjustment of status application. She retained our office on August 11, 2020.  After retention, our firm prepared and filed the I-485 Adjustment of Status Application on August 25, 2020.  Things went smoothly and the receipt notices and fingerprint appointment all came on time.  

USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients via conference calls. On December 3, 2021, our client was interviewed at the Houston, Texas USCIS office. On the same day of the interview, her green card application was approved.

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CASE: I-130 / I-485 (Marriage-Based Adjustment)

NATIONALITY: Philippines

LOCATION: Raymore, MO

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement. 

In April 2019, she got married to her U.S. citizen husband and later 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 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 April 18, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On November 26, 2019, 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 March 9, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 30, 2020, the USCIS issued an I-612 approval notice for the waiver. 

Our client retained our office again for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 26, 2020.  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 via conference calls. On November 23, 2021, our client was interviewed at the Kansas City, MO USCIS office. Eventually, on November 24, 2021, her green card application was approved.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Special Education Teacher

LOCATION: Alamo, NM

Our client has a current employer that was willing to petition for a third-preference (I-140).  Our client has a Bachelor’s degree in Psychology, a valid New Mexico Teaching license, and has worked for her current employer since August 2017. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in September 2020.

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 PW determination, the employer filed the job order on March 11, 2021.  On June 17, 2021, we promptly filed PERM. 

Eventually, on December 3, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino

LOCATION: Sacramento, CA

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in September 2016. Since then, he has remained in the United States.  In June 2019, our client married his U.S. citizen wife.  He retained our office on August 26, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 27, 2019.  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 via conference calls. On November 22, 2021, our client was interviewed at the Sacramento, CA USCIS office. Eventually, on November 23, 2021, his green card application was approved.

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Houston, TX

Our client is a Filipina registered nurse who currently works in the Philippines. Her prospective employer was willing to petition for a third-preference employment immigrant visa I-140. 

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.

Our client has a nursing degree and has a Texas Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on May 4, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on May 11, 2021. 

We filed the I-140 application on November 15, 2021 via premium processing. We included the job offer letter, the notice of filing, financial ability to pay letter, and other necessary supporting documents. Eventually, on November 29, 2021, our client’s I-140 petition was approved without any Request for Evidence (RFE). Now, our client can file an immigrant visa application based on the approved I-140 petition.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                         

LOCATION: Cincinnati, OH 

Our client is from the Philippines who came to the U.S. on a B-1 business visitor’s visa in November 2019. Since then, she has remained in the United States. In December 2020, our client married her U.S. citizen husband.  She retained our office on March 12, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485Adjustment of Status Application on March 30, 2021.  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 via conference calls. On November 17, 2021, our client was interviewed at the Cincinnati, OH USCIS office. On the same day of the interview, her green card application was approved.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina High School General Science Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2016. Based on our client’s education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us on May 29, 2020. 

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 only 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 PW determination, our office filed the job order on October 12, 2020.  On January 8, 2021, we filed PERM. 

On August 2, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. Moreover, the Department of Labor requested Petitioner to submit a business necessity statement for this position. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, business necessity statement from the employer, and recruitment documentation on August 27, 2021.   

On November 17, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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