CASE: Marriage-Based Adjustment of Status (F-2A category)

CLIENT: Filipino

LOCATION: Philadelphia, PA

Our client came to the United States from the Philippines on a B-2 visitor’s visa in November 2020. He married a lawful permanent resident in January 2020 in the Philippines and came to the United States to visit his wife in 2020. However, with the COVID-19 pandemic situation, he changed his mind about going back to the Philippines and decided to stay and apply for adjustment of status. He retained our office for his green card application on March 4, 2021.  

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 16, 2021.  We could file both I-130 and I-485 applications simultaneously since the priority date for F-2A category was current at the time of the filing. 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 via conference calls as well. On November 10, 2021, our client was interviewed at the Pennsylvania, PA USCIS office. Eventually, on the same day of his interview, his green card application was approved.

{ 0 comments }

CASE: I-140 (EB-3)

EMPLOYER: Care Center in Houston, TX 

BENEFICIARY: Filipino Information Technology Director in the Philippines

Our client has a prospective employer that as willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Information Technology and currently works for an IT consulting company in the Philippines. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us in February 2016.

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 job order was filed on April 28, 2020.  On July 7, 2020, we promptly filed PERM.  Eventually, on February 11, 2021, the PERM Labor Certification was approved – an EB3 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, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on April 6, 2021 via regular processing service. Eventually, on October 25, 2021, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

{ 0 comments }

CASE: I-130/I-485

NATIONALITY: Filipina

LOCATION: Pittsburg, CA

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2018.  She came with her mother who entered on a J-1 Visa for her employment in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in July 2019.  She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without fulfilling the 2-year requirement or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in July 2019.

Our firm was retained to do her J-2 waiver and on January 14, 2020, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on June 1, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 15, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

Once her J-2 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 24, 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 through conference calls. On November 8, 2021, our client was interviewed at the San Francisco, CA USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                         

LOCATION: Porum, OK 

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in October 2020. She has a US citizen husband and they got married in 2017. She came to the United States with his husband and two children for a temporary visit. They changed their mind and decided to stay in the United States. She retained our office on March 2, 2021, for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 24, 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 2, 2021, our client was interviewed at Oklahoma City, USCIS office. Eventually, on the same day of her interview, her green card application was approved.

{ 0 comments }

CASE: I-751

APPLICANT: Filipina

LOCATION: Polk, OH

Our client contacted our office in October 2020 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in May 2018. Through her marriage, she obtained a 2-year conditional green card in November 2018.  Her conditional residency terminated in November 2020.

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 on October 12, 2020, and our office prepared the I-751 application.

On October 20, 2020, our office filed the I-751 application to the USCIS. 

The USCIS issued a Request for Evidence (RFE). We filed the response on October 22, 2021.   

On November 2, 2021, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

{ 0 comments }

CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer who was willing petition her for a third-preference 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 eventually retained us in April 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 August 31, 2020.  On December 8, 2020, we filed PERM. 

On July 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. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on July 29, 2021.   

Eventually, on November 1, 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.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                         

LOCATION: Tujunga, CA 

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in October 2008. Since then, she has remained in the United States. In March 2016, our client married her U.S. citizen husband.  She retained our office on March 24, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 6, 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 via conference calls. On October 20, 2021, our client was interviewed at the Los Angeles, CA USCIS office. On October 21, 2021, her green card application was approved.

{ 0 comments }

CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: Dallas, TX

Our client contacted our office in late January of 2021 regarding her potential I-751 filing. She is from the Philippines and married a U.S. citizen in August 2017. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in April of 2019. Therefore, her conditional residency terminated in April 2021.

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They lived separately for a while and their divorce was finalized. We advised that we can help her file the I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On March 12, 2021, our office filed the I-751 application with various supporting documents to demonstrate our client’s bona fide marriage with her ex-husband.  Eventually, on October 14, 2021, the USCIS approved our request for the removal of conditions on her permanent resident status without even an interview. Now, she has her ten-year green card.

{ 0 comments }

CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Health Service Ambulatory Facility

BENEFICIARY: Filipina Registered Nurse

LOCATION: Saipan, Northern Mariana Islands

Our client is a Filipina Registered Nurse and her current employer-sponsor was willing to petition her for a third-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her is a registered nurse at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB3 (requiring at least a Bachelor’s degree).

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. 

Our client has a bachelor’s degree in nursing and has worked for the Petitioner as a registered nurse for several years.  She also has a registered nursing license in Northern Mariana Islands. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on April 13, 2020 via regular processing. We included a job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why the nurse manager position falls under a Schedule A and EB3 designation.

Eventually, on December 17, 2020, the USCIS Texas Service Center approved her EB-3 I-140 petition. 

Once her I-140 was approved, she retained our office again for her I-485 adjustment of status application. Our office filed the I-485 adjustment of status application on October 23, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on October 20, 2021, their green card application was approved without an interview.

{ 0 comments }

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

CLIENT: Filipino

LOCATION: Marion, OH

Our client came to the United States from the Philippines on a B-2 visitor’s visa in April 2017. Since then, he has remained in the United States. In September 2020, 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 October 2, 2020 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 October 23, 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 via conference calls. On September 16, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, our client’s green card application was approved on October 13, 2021.

{ 0 comments }