CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Dallas, TX

Our client came to the United States from Nigeria on a F-1 student visa. He married a U.S. Citizen in July 2020 and retained our office on August 24, 2020. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 15, 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 August 19, 2021, our client was interviewed at the Irving, Texas USCIS office. Eventually, on August 20, 2021, our client’s green card application was approved.

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CASE: EB-3 I-140

EMPLOYER: Rehabilitation Center in Katy, TX 

BENEFICIARY: Filipina Patient Guest and Front Desk Service Manager in the Philippines

Our client has a prospective employer that is willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Tourism Management and currently works in the Philippines 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 on February 14, 2019.

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 June 5, 2019.  On August 15, 2019, we promptly filed PERM. 

However, on January 15, 2020, the Department of Labor issued a request for audit. The DOL requested documents from 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 January 21, 2020.   Eventually, on June 12, 2020, the PERM Labor Certification was approved – an EB3 position for the Filipina 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 beneficiary’s degree, past experience letter, job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on December 4, 2020 via regular processing service. Eventually, on July 1, 2021, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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CASE: I-130 (Petitions for Parents) and Adjustment of Status

CLIENT: Filipinos

LOCATION: Conroe, TX

Our client retained us to petition her parents for a green card. Our client was born and raised in the Philippines, but was naturalized in the United States. She contacted our office in July 2020 and discussed with us the green card process. After consultation, she retained our office on July 23, 2020.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 6, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on May 12, 2021, our client’s parents’ adjustment of status applications were approved. Now, they are green card holders.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Saudi Arabian

LOCATION: Irving, TX

Our client contacted us in June 2020 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Saudi Arabia and obtained his green card in June 2015. We represented him in both his asylum and green card cases. 

His N-400 application was filed on July 3, 2020, with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On April 14, 2021, our client appeared at the Irving, TX USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, on April 28, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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

CLIENT: Indian

LOCATION: Houston, TX

Our client came to the United States from India. She came to the United States with a H-4 visa and later changed her status to F-1.  She married a lawful permanent resident in October 2019 and retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 31, 2019.  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 April 21, 2021, our client was interviewed at the Houston, Texas USCIS office. Eventually, on April 23, 2021, her green card application was approved.

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CASE: I-130/I-485

NATIONALITY: Philippines

LOCATION: Richmond, TX

Our client came from the Philippines on a J-1 in September 2015 to work as a teacher. She was subject to the two-year foreign residency requirement. 

In June 2017, she got married to her U.S. citizen husband and later on 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.

On December 3, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On June 12, 2019, our office sent our client’s apostilled materials to the Waiver Review Committee in Manila, Philippines.  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 September 24, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 26, 2019, the USCIS issued an I-612 approval notice for the waiver. 

Once her J-1 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 December 4, 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 through conference calls. On April 1, 2021, our client was interviewed at the Houston, Texas USCIS office.  The interview went well, and eventually, on April 2, 2021, her green card application was approved.

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CASE: I-751

APPLICANT: Indian

LOCATION: McKinney, TX

Our client contacted our office in September of 2020 regarding his I-751 application.

He is from India and he married a U.S. citizen in May 2017. Through his marriage, he obtained his 2-year conditional green card in January 2019. Thus, his conditional residency terminated in January 2021. 

To comply with immigration requirements, our client and his spouse had to file an I-751 Joint Petition to Remove Conditions. He retained our office.

On November 2, 2020, our office filed an I-751 application to the USCIS. On March 4, 2021, the USCIS approved our client’s I-751 application without any RFE.

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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 Filipina registered nurse who currently works in the Philippines. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

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 Nurse 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 August 11, 2020 and we started on her Prevailing Wage Request. Her PW request was filed on August 12, 2020. 

We filed the I-140 application on February 5, 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 February 23, 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: PERM Labor Certification

EMPLOYER: Care Center in Houston, TX 

BENEFICIARY: Filipino Information Technology Director in the Philippines

Our client has a prospective employer willing to petition him for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Information Technology and currently works for an IT consulting company in the Philippines. We were retained on February 2019. 

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 filed PERM. On February 11, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. Our client can file the I-140 petition at any time.

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CASE: I-751

APPLICANT: Iranian

LOCATION: Coppell, TX

Our client contacted our office in September of 2019 regarding his I-751 application.

He is from Iran and he married a U.S. citizen. Through his marriage, he obtained a 2-year conditional green card in February of 2018. Thus, his conditional residency terminated in February 2020.  

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office, and our office prepared an I-751 application for him. .

On November 25, 2019, our office filed the I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, joint tax documents, birth certificate of their child, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

In December 2020, the USCIS scheduled an interview for our client and his wife at the USCIS Dallas Field Office.  Prior to the interview, our office prepared them thoroughly via conference calls. The interview went well on December 17, 2020. The USCIS approved our client’s I-751 application on January 4, 2021.  

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