CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: San Antonio, TX

Our client came to the United States from Nigeria on a F-1 student’s visa in August 2015. He married a U.S. Citizen in July 2018 and retained our office on July 26, 2018 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 11, 2018. 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 April 11, 2019, our client was interviewed at the San Antonio, Texas USCIS office. Eventually, on the same day of his interview, his green card application was approved.

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CASE: Green Card Approval after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: British
LOCATION: Applicant (Dallas, TX area), EOIR (Los Angeles, CA)

Our client is from the United Kingdom who came to the U.S. on a visa waiver in 2002. Soon after her entry to the U.S., she filed for asylum in the United States. Her asylum application was denied at the Los Angeles Immigration Court in October 2003. She has appealed the Immigration Judge’s decision to the Board of Immigration Appeals and the BIA found to remand her case to the Immigration Court in July 2009. Her case was administratively closed by the immigration judge in August 2014.  

Our client married her U.S. citizen husband in December 2013. In August 2014, her husband filed an I-130 petition for her, and this petition was approved in November 2016. In January 2017, she contacted our office to seek legal assistance for the representation of her removal proceedings, termination of removal proceedings, and her adjustment of status application with the USCIS.

In October 9, 2017, our office filed a request to Motion to Re-Calendar and terminate proceedings with an attached I-485 application and its supporting documents to the Los Angeles Immigration Court. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on October 17, 2017.

After her removal proceeding was terminated, our client retained us again for her I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on November 10, 2017. 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. On March 25, 2019, our client was interviewed at the Irving, Texas USCIS Field Office.  After the interview, her I-485 application was approved on March 26, 2019. Now, our client became a green card holder.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: El Paso, TX

Our client contacted us in July 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in April 2013.

After retention, his N-400 application was filed on August 28, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On January 16, 2019, our client appeared at the El Paso, Texas USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. However, the USCIS issued a Request for Evidence (RFE) asking our client to submit a copy of all of his children’s birth certificates and his divorce decrees. Our office filed the response to RFE on January 28, 2019.

Eventually, his application was approved on March 6, 2019. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Houston, TX

Our client contacted us in February 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in August 2012.

After retention, we filed his N-400 application on February 16, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On February 29, 2019, our client appeared at the Houston, 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 March 7, 2019. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-140 (Skilled Worker) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Nepalese

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from Nepal and licensed in the state of Texas. She came to the United States on a valid visa and she is currently working in the United States with her TPS (Temporary Protected Status).  Her current employer was willing to petition her for a third-preference employment immigrant visa petition (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 an Associate of nursing degree and has worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on June 15, 2016 and started on her Prevailing Wage Request.

We filed the I-140 application on January 14, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. However, on January 23, 2019, the USCIS issued Request for Evidence and asked our client to submit the copy of petitioner’s most recent tax return. Our office filed the response to USCIS on January 25, 2019.  Eventually, on February 7, 2019, the I-140 was approved.

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

APPLICANT: Filipina Physical Therapist

LOCATION: Manila, Philippines

Our client is a physical therapist in the Philippines. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a physical therapist, 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 Physical Therapist is included in Schedule A.

Our client has U.S. equivalent Master’s degrees in Physical Therapy and is a licensed physical therapist in the State of Texas. Our office was retained on May 9, 2018 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on September 10, 2018 via premium processing. We included the 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 nurse practitioners must fall under the Schedule A designation.  Eventually, on September 24, 2018, the USCIS Texas Service Center approved her EB-2 I-140 petition.

After the approval of the I-140 petition, our client retained us again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on October 31, 2018, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Philippines. On January 9, 2019, our client appeared at the U.S. Embassy in Manila, Philippines. Eventually, after the interview, the Immigrant Visa was issued for our client.

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

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

CLIENT: Indian

LOCATION: Dallas, TX

Our client came to the United States from India on an F-1 student visa. He married his U.S. Citizen same-sex spouse in May 2017.

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 Delaware where the same-sex marriage is recognized. Our client contacted our office and retained us on June 12, 2017 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 July 21, 2017. 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 January 31, 2019, our client was interviewed at the Irving, Texas USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Pakistani                                                                                                   

LOCATION: Houston, TX

Our client is from Pakistan who has worked in the United States under J-1 status. In July 2012, our client is married her current U.S. citizen husband. She could not file her adjustment of status application due to her 2 year foreign residency requirement. With our office’s legal assistance, she obtained her J-1 hardship waiver in June 2017.

Once her J-1 waiver was issued, she retained our office on July 10, 2017 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on July 19, 2017. 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 January 8, 2019, our client was interviewed at Houston Texas USCIS office.  Eventually, on January 24, 2019, her green card application was approved.

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

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. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), he can file immigrant visa.

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

APPLICANT: Filipina Nurse Manager in Winnipeg Canada

LOCATION: Petitioner is Houston, TX; Applicant is in Winnipeg Canada

Our client is a Filipina lady who has worked in Canada and the Philippines as a staff nurse. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her 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 more than 5 years of experience as a staff nurse. She 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 September 22, 2017 via premium processing. We included a job offer letter, the notice of filing, employment letter, past experience 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 October 6, 2017, the USCIS Texas Service Center approved her EB-2 I-140 petition.

Once her I-140 was approved, our client retained our office again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on March 19, 2018, who in turn forwarded the client’s materials to the U.S. Consulate General in Montreal, Canada. An interview notice was set for the client at the U.S. Consulate General in Montreal, Canada. On November 16, 2018, our client appeared at the U.S. Consulate General in Montreal, Canada. The interview went well, and the Embassy approved and issued her immigrant visa.

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

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