CASE: Marriage-Based Green Card 

CLIENT: Filipino

LOCATION: Katy, TX

Our client came to the United States from the Philippines on a F-1 student visa. He married his current wife, who is a green card holder, in March 2017.  After marriage, his wife filed an I-130 petition on behalf of our client in April 2017. This I-130 petition was approved on January 15, 2019. Our office helped our client in the I-130 petition process. 

Our client retained our office again for his I-485 adjustment of status application. We could file the I-485 application because the priority date for F2A category was current at the time of filing. Our office prepared and filed an I-485 adjustment of status application, together with all necessary supporting documents, on February 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 via conference call. On December 3, 2019, our client was interviewed at the Houston, Texas USCIS office. The interview went well, and the priority date for our client was current at the time of the interview as well. Eventually, on December 16, 2019, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Zimbabwean

LOCATION: Pflugerville, TX

Our client contacted us in April 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Zimbabwe and obtained her green card in July 2014.

Upon retention, her N-400 application was filed on April 22, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference call.  On September 19, 2019, our client appeared at the San Antonio, Texas USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on November 4, 2019. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in Overland Park, KS

LOCATION: Houston, TX

Our client is 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 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 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, the notice of filing, and other necessary supporting documents.  On October 24, 2019, our office filed I-907 premium processing upgrade request for this petition. Without any issuance of Request for Evidence (RFE), on November 6, 2019, the I-140 was approved. Now, our client can file an adjustment of status application based on the approved I-140 petition when her priority dates become current.

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CASE: EB-3 I-140

EMPLOYER: Rehabilitation Center in Katy, TX 

BENEFICIARY: Filipina SM Network and Computer Systems Administrator in Malaysia

Our client has a prospective employer that as willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Computer Science and currently works for an IT consulting company in Malaysia. 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 April 2018.

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 September 27, 2018. On January 21, 2019, we promptly filed PERM. 

However, on May 24, 2019, 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 June 6, 2019.  

Eventually, on August 29, 2019, 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 job offer letter, employee’s academic credential documents, and other necessary supporting documents.

The I-140 Petition was filed on September 18, 2019 via regular processing service. Eventually, on October 11, 2019, the I-140 EB3 Petition for our Filipina client was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Jamaican

LOCATION: Prosper, TX

Our client contacted us in December 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Jamaica and obtained his green card in February 2014. 

Once retained, his N-400 application was filed on January 29, 2019 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On October 23, 2019, our client appeared at the USCIS Dallas Texas USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on the same day of the interview. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Immigrant Visa / I-140 (EB-2 Category) / Schedule A 

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Thailand / Petitioner: Houston, TX

Our Filipino client is currently working in Thailand as a nurse supervisor. His prospective employer-sponsor was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a Bachelor’s degree in nursing and 5 years of experience as a nurse supervisor and a coordination nurse. He also has a registered nursing license in the state of Texas. 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 November 21, 2018 via premium 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 EB2 designation.

Eventually, on December 5, 2018, the USCIS Texas Service Center approved his EB-2 I-140 petition. 

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on May 13, 2019, who in turn forwarded the client’s materials to the U.S. Embassy in Bangkok, Thailand. An interview notice was set for the client at the U.S. Embassy in Thailand. On October 22, 2019, our client appeared at the U.S. Embassy in Bangkok, Thailand. The interview went well, and the Embassy approved and issued his immigrant visa.

With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: I-751

APPLICANT: Mexican

LOCATION: Fort Worth, TX

Our client contacted our office in May of 2018 regarding his I-751 application.

He is from Mexico and he married a U.S. citizen in July 2015. Through his marriage, he obtained a 2-year conditional green card in September of 2016 though the representation of our firm.  His conditional residency terminated in September 2018.

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 on May 21, 2018, and our office prepared an I-751 application for our client with other supplemental exhibits.

On July 10, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued the Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with his wife. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on September 12, 2019.  

As a result, on October 2, 2019, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina

LOCATION: Midland, TX

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in January 2019. She came to the U.S. to visit her husband who was a Lawful Permanent Resident (greencard holder) at the time of her last entry. They were married in California in June 2018. Her husband became a naturalized U.S. citizen in March 2019.  

She retained our office for her green card application, and our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 3, 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 via conference calls. On October 2, 2019, our client was interviewed at El Paso Texas USCIS office.  Eventually, on the same day of the interview, her green card application was approved.

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

CLIENT: Indian

LOCATION: Plano, TX

Our client came to the United States in September 2018 as a K-1 visa entrant from India.  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 October of 2018. 

Our client contacted our office initially and consulted with us for her adjustment of status application. She retained our office on October 29, 2018. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on October 31, 2018.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

Thereafter, the 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 September 21, 2019, our clients were interviewed at the Dallas, Texas USCIS office. Eventually, on the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Costa Rican
LOCATION: Cypress, Texas

Our client came to the United States in September 1991 when she was a minor on a B-1 visa from Costa Rica. Although her authorized stay in the U.S. expired in October 1991, she remained in the United States since then. In February 2018, she married her U.S. Citizen husband and retained our office on May 14, 2018 for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 5, 2018. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. 

Prior to the interview, we thoroughly prepared our clients over the conference call. On July 29, 2019, our client was interviewed at the Houston, Texas USCIS. Attorney Sung Hee (Glen) Yu, Esq. accompanied them as well. Though the interview went well and the I-130 petition was approved on the same day of the interview, the USCIS issued Request for Evidence on July 29, 2019 and requested our client to submit the I-601 waiver. The USCIS argued that our client came to the United States without inspection. Nevertheless, our office immediately filed the response to RFE by demonstrating that she last entered the United States with a valid B-1 visa and submitted the I-94 record. We filed the RFE response without submitting the I-601 waiver on August 6, 2019.  Eventually, on September 24, 2019, her green card application was approved.

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