CASE: Marriage-Based Adjustment of Status

CLIENT: Canadian

LOCATION: Euless, TX

Our client came to the United States from Canada on a B-2 visitor’s visa in January 2020. She married a U.S. Citizen and retained our office for her green card application on February 5, 2020.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 19, 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 as well. On December 30, 2020, our client was interviewed at the Irving, TX USCIS office. On January 1, 2021, her green card application was approved.

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse 

LOCATION: Houston, TX

Our client is a Filipina registered nurse who currently resides in Overland Park, KS. 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 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 8, 2019 and we started on her Prevailing Wage Request.

We filed the I-140 application on September 26, 2019 via regular processing. We included the job offer letter, notice of filing, and other necessary supporting documents.  On October 24, 2019, our office filed an I-907 premium processing upgrade request for this petition. Without any Request for Evidence (RFE), on November 6, 2019, the I-140 was approved. 

Once her I-140 was approved, she retained our office again for her and her husband’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our clients on November 22, 2019. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on November 27, 2020, their green card applications were approved without an interview.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Vietnamese
LOCATION: Round Rock, TX

Our client contacted our office in March of 2019 regarding his daughter’s I-751 filing. Our client is from Vietnam and he married a U.S. citizen and got his conditional green card in 2015. He filed his I-751 application and his I-751 application was approved as well. When he was petitioned by his U.S. citizen wife, she also filed I-130 petitions for our client’s daughters and they got their conditional green card in March 2015. 

Unfortunately, during their marriage, our client and his ex-wife went through struggles. His ex-wife (his spouse at that time) refused to sign the form I-751 for his daughters to remove their conditional green cards. His daughters on their own (without an attorney) filed form I-751 under extreme hardship. In their application package, besides the required documents, each of them wrote a letter, explaining their hardships. The hardship evidence included leaving Vietnam at a very early age, being unable to communicate and continue learning, lack of safety protection, family separation, being unable to continue with their education, life insecurity, and physical and emotional depression. 

They client received a Request for Evidence for this I-751 application in January 2019 and contacted our office for legal assistance.  After consultation, we advised that we can help her re-file the I-751 application with a waiver of the joint filing requirement instead. We requested a waiver because our client (applicant’s father) entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On April 3, 2019, our office filed the I-751 application with various supporting documents.

Eventually, on December 3, 2020, the USCIS approved the I-751.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Cameroonian

LOCATION: Beaumont, TX

Our client contacted us in August 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Cameroon and she obtained her green card in November 2013.

Her N-400 application was filed on August 29, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On October 1, 2020, our client appeared at the Houston, TX USCIS office for her naturalization interview. Our client answered all questions correctly and passed her interview. On October 14, 2020, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physicians’ Office

BENEFICIARY: Kenyan Nurse Practitioner

LOCATION: Houston, TX

Our client is a family nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a family nurse practitioner, 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 Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a Certified Nurse Practitioner. Our office was retained on March 16, 2020, and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on September 25, 2020 via premium processing. We included the job offer letter, notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  Eventually, on October 14, 2020, the USCIS Texas Service Center approved her EB-2 I-140 petition without a Request for Evidence (RFE). Since the priority date for a Kenyan national is current for the EB-2 category, she is eligible to file her adjustment of status application now.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Wharton, TX

Our client came from the Philippines on a J-1 in August 2015 to work as a teacher. Based on his DS-2019, he was subject to the two-year foreign residency requirement. His employer wanted to sponsor his green card and he consulted with our firm for his 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.

We told him that he can apply for a waiver under the No Objection Statement category based on the fact that he has humanitarian reasons for doing so, based on the numerous hardships that his family (who were on J2) will experience if they return to the Philippines. Upon retention, our office promptly 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 November 14, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We prepared the humanitarian arguments and sent the packet, with evidence,  to the EVP  Waiver Review Committee in Manila, Philippines. They eventually issued a No Objection Statement. On July 17, 2020, the Waiver Review Division of the Department of State issued a favorable recommendation based on the No Objection statement.  Eventually, on August 6, 2020, the USCIS issued an I-612 approval notice for the waiver.

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CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement 

NATIONALITY: Nigerian                                                                                                       

LOCATION: Houston, TX

Our client is from Nigeria who came to the U.S. on a J-1 Visa in June 2018 to pursue his graduate studies.  After he finished his J-1 program, he changed his status from J-1 to F-1 and he has remained in the United States. Our client plans to file an I-140 NIW petition and I-485 adjustment of status application. However, he will not be able to adjust his status unless he gets a waiver of the 2-year foreign residency requirement. When he came to the United States in 2018, his J-1 program made him subject to the 2-year foreign residency program. 

He retained our office on January 31, 2020. Thereafter, our office prepared the waiver request through a No Objection Statement (NOS) from the Nigerian Embassy in the United States. Every country’s Embassy maintains different procedures with the J-1 No Objection Statement waiver.  

On February 4, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Nigerian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on his I-140 NIW petition. 

Eventually, the Nigerian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On June 15, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On July 16, 2020, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement.

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CASE: I-485 based on Approved I-140 (EB-2)

 APPLICANT: Korean

 LOCATION: Lubbock, TX

Our client is an assistant professor from South Korea, who is currently teaching at a state university who was willing to petition him for a second-preference petition (I-140).  Our client has a Ph.D. degree and has worked for this school since 2018. He has maintained his status as an H-1B visa holder in the United States.  He had an approved I-140 petition which was filed by his current employer and this I-140 petition’s priority date was May 16, 2019.

In October 2019, he contacted our office and retained us for the I-485 adjustment of status application for him and his wife. Our office filed the I-485 adjustment of status applications for our clients on November 18, 2019. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on July 15, 2020, his green card application was approved without the interview.

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CASE: PERM Labor Certification

EMPLOYER: Rehabilitation Center in Katy, TX 

BENEFICIARY: Filipina S

Our client has a prospective employer that was willing to petition her for a third-preference petition (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 filed the PERM. 

On January 15, 2020, the Department of Labor issued an 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. Our client can file the I-140 petition at any time.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Vietnamese
LOCATION: Round Rock, TX

Our client contacted our office in March of 2019 regarding his daughter’s I-751 filing. Our client is from Vietnam and he married a U.S. citizen and got his conditional green card in 2015. He filed his I-751 application and his I-751 application was approved as well. When he was petitioned by his U.S. citizen wife, his wife also filed I-130 petitions for our client’s daughter and she (the daughter – the subject of this success story) got her conditional green card in March 2015. Therefore, her conditional residency terminated in March 2017.

Unfortunately, during their marriage, our client and his ex-wife went through struggles. His ex-wife (his spouse at that time) refused to sign the form I-751 for his daughters to remove their conditional green cards. His daughters had to file the form I-751 under extreme hardship. In their application package, besides the required documents, each of them wrote a letter, explaining their hardships if they are forced to depart from the U.S and return to Vietnam. The hardship evidence included the fact that they left Vietnam at an early age, being unable to communicate in Vietnamese anymore, no protection, family separation, being unable to continue with their education, life insecurity, and physical and emotional depression. 

Nevertheless, our client received a Request for Evidence for this I-751 application in January 2019 and contacted our office for legal assistance.  After consultation, we advised that we can help her re-file the I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client (applicant’s father) entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On April 3, 2019, our office filed the I-751 application with various supporting documents for the daughter. Eventually, on May 27, 2020, the USCIS approved our request for the removal of conditions on her permanent resident status without even an interview nor an RFE. Now, she has her ten-year green card.

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