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Marriage
One of the fastest and most common immigration cases are those based on marriage to a US Citizen.
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Asylum
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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Filipina Client in Southern California

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Santa Ana, CA

Our client is from the Philippines who came to the U.S. on an E-1 dependent visa. Later, she changed her status from E-1 to F-1 to pursue her undergraduate studies. In November 2016, our client married her current U.S. citizen husband.  She retained our office in December 2016 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 5, 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 October 13, 2017, our client was interviewed at Santa Ana, California USCIS Field office. Eventually, on October 18, 2017, her green card application was approved.

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Post image for I-751 Approval for Filipina Client in Texas with Waiver of Joint Filing Requirement due to the Death of Spouse

CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Filipina

LOCATION: Texas

Our client contacted our office in October of 2015 regarding her potential I-751 filing. She came to the United States as an Immigrant Visa holder from the Philippines and her visa was petitioned by her late US Citizen husband. She got her two-year green card in August 2015. Her conditional residency terminated in August 2017.

Unfortunately, her husband passed. Thus, our client could not file the I-751 application jointly with her late husband. Nevertheless, she has a lot of supporting documents to demonstrate that our client entered into the marriage in good faith, but her marriage was ended in an unfortunate way by her husband’s death.

On July 22, 2016, our office filed the I-751 application with various supporting documents to demonstrate our client’s bona fide marriage with her late-husband.  Eventually, the USCIS approved our client’s I-751 application on October 5, 2017 without any RFE or interview. Now, she has her ten-year green card.

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Post image for Nurse Manager Schedule A EB2 I-140 Approval for Filipina Beneficiary in Winnipeg Canada and Nursing Care Facility Petitioner in Katy Texas

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina Nurse Manager in Winnipeg Canada

LOCATION: Houston, TX

Our client is a Filipina lady who has worked in Canada and the Philippines as a staff nurse. Her prospective employer-sponsor is 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 petition 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. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), she can file her immigrant visa application.

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Post image for I-751 Removal of Conditions Approval for Filipina Client in Cleveland Ohio

CASE: I-751

APPLICANT: Filipina

LOCATION: Cleveland, Ohio

Our client contacted our office in June of 2016 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in June 2014. Through her marriage, she obtained a 2-year conditional green card in September of 2014.  Her conditional residence terminated in September 2016.

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 again on June 20, 2016, and our office prepared an I-751 application for our client with the necessary supporting documents.

On July 1, 2016, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on September 19, 2017, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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Post image for Immigrant Visa Approval Based on Approved I-130 F2A for Petitioner Parent in Cleveland Ohio and the Son in the Philippines

CASE: I-130 and Consular Processing (Immigrant Visa)

CLIENT: LPR Mother; Filipino Beneficiary Minor Son in the Philippines

LOCATION: Petitioner: Ohio; Beneficiary: Philippines

Our client retained us to bring her minor son over from the Philippines. She was born and raised in the Philippines, but lives in the United States as a LPR (Green Card holder).

On September 18, 2015, our firm filed the I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On February 1, 2016, the I-130 Petition was approved. However, we could not start the immigrant visa processing because their visa numbers were not available. In July 2016, once their visa numbers were available, we then started the immigrant visa processing phase of trying to get her son over to the United States.

On May 4, 2017, we filed the immigrant visa packet to the National Visa Center who in turn forwarded our clients’ materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for our client’s son at the U.S. Embassy in Manila, and we prepared them for his interview. On September 12, 2017, the U.S. Embassy in Manila, Philippines approved and issued his immigrant visa.

With the approved immigrant visa, our client’s son can come to the United States immediately, and she will get her green card within two months of entry.

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Post image for Stepdaughter Immigrant Visa Approval Based on I-130 Stepparent in Ohio and Beneficiary in Manila Philippines

CASE: I-130 and Consular Processing
CLIENT: US Citizen Petitioner; Filipina Beneficiary
LOCATION: Petitioner: Ohio; Beneficiary: Manila, Philippines

Our client is a U.S. citizen who married a Filipina lady in 2009. Our client’s Filipina wife got a green card through our office in January 2017.  

Our client’s wife has a daughter in the Philippines. Our client decided to petition for his step-daughter in the Philippines for an immigrant visa when he filed I-130 for his wife. Since the client’s step-daughter was not in the United States, our office filed the I-130 to the USCIS first on September 16, 2017.

After the I-130 was filed, everything went smoothly and the receipt notices came on time. The I-130 Petition was approved by the USCIS on January 27, 2017. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on June 1, 2017, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client’s step-daughter. On September 19, 2017, the beneficiary went to her interview in Manila. On the same day, the U.S. Embassy in the Philippines approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s step-daughter can come to the United States immediately, and she will get her green card.

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Post image for I-140 EB2 Approved for Filipino Hydraulic Project Manager Beneficiary and Hydraulic Manufacturing Company Petitioner in Texas

CASE: I-140 (EB-2)    
EMPLOYER:  Hydraulic Unit Manufacturing Company in Texas
BENEFICIARY: Filipino Hydraulic Power Unit Design and Installation Project Manager

 

Our client’s beneficiary is from the Philippines. Our client (the prospective employer) was willing to do an immigration petition for him, second-preference. He has a Bachelor’s degree in Maritime Transportation and has more than 5 years of work experience as a Hydraulic Equipment Installer / Operator. Our firm concluded that his employer can petition him as a Hydraulic Power Unit Design and Installation Project Manager.

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 12, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on January 10, 2017.  On May 3, 2017, we promptly filed PERM.  Eventually, on August 11, 2017, the PERM Labor Certification was approved – an EB2 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 September 6, 2017 via premium processing service. Eventually, on September 21, 2017, the I-140 EB-2 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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Post image for EB3 Schedule A Nurse Green Card Approval for Filipino Registered Nurse in Houston Texas

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. He came to the United States and currently works in the United States on his H-1B status.  His current employer was willing to petition him for a third-preference employment immigrant visa petition (I-140).

Since he is a registered nurse, he 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 worked for the sponsor-employer. Our firm told him that his employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on April 10, 2014 and started on his Prevailing Wage Request.

We filed the I-140 application on June 25, 2014 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, on February 26, 2015, the USCIS Texas Service Center issued the Request for Evidence (RFE). According to the RFE, the USCIS requested our client to submit his valid Texas nursing license certificate. Our office filed the Response to RFE with our client’s Texas nursing license certificate on April 1, 2015. Eventually, on April 18, 2015, the I-140 was approved.

Then, we proceeded with our client’s I-485 adjustment of status application. We prepared and file our client’s adjustment of status application along with supporting documents to USCIS on April 27, 2015.

However, the priority date of Eb-3 category for the Philippines national backlogged. Our client had to wait until the priority date becomes current. In March 2017, his priority date becomes current. Eventually, our client’s adjustment application was approved by the USCIS on September 1, 2017.  After a long wait, our client is finally a green card holder.

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Post image for Green Card (EB3 Schedule A Nurse) Approval for Filipina Registered Nurse Beneficiary and Nursing and Rehabilitation Center Petitioner in Houston Texas

CASE: I-484 (Adjustment of Status) I-140 Schedule A / Old Priority Date Retention

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. She came to the United States in 2013 and now she holds an F-1 student status. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). Our client also has an approved EB-3 I-140 petition with a priority date of March 2012.

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.

Also, under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s prospective employer for our client is entitled to the previous priority date.

Our client has a nursing degree and has several years of related experience. Our firm told her that her potential employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on November 17, 2014 and started on her Prevailing Wage Request.

We filed the I-140 application on April 29, 2015 via regular processing. We also concurrently filed her I-485 adjustment of status since EB-3 priority date for our client was current at the time of her I-485 filing. We included the job offer letter, the notice of filing, her previous I-140 approval notice, and other necessary supporting documents. Later, on May 13, 2015, our client upgraded her I-140 processing from regular to premium processing.   

However, the USCIS issued a Request for Evidence (RFE) for our client’s degree evaluation document. Our office filed Response to RFE on May 29, 2015. Eventually, on June 2, 2015, the I-140 was approved and it retained our client’s old priority date.  

Then, we proceeded with our client’s I-485 adjustment of status application. We prepared and file our client’s adjustment of status application along with supporting documents to USCIS on April 28, 2015.

However, the priority date of Eb-3 category for the Philippines national backlogged. Our client had to wait until the priority date becomes current. In March 2017, her priority date becomes current. Eventually, our client’s adjustment application was approved by the USCIS on August 15, 2017.  After a long wait, our client is finally a green card holder.

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Post image for PERM EB2 Labor Certification Approved for Filipino Hydraulic Power Project Manager Beneficiary and Hydraulic Manufacturing Company Petitioner in Texas

CASE: PERM Labor Certification    
EMPLOYER:  Hydraulic Unit Manufacturing Company in Texas
BENEFICIARY: Filipino Hydraulic Power Unit Design and Installation Project Manager

 

Our client is from the Philippines. His prospective employer was willing to do an immigration petition for him, second-preference. Our client has a Bachelor’s degree in Maritime Transportation and has more than 5 years of work experience as a Hydraulic Equipment Installer / Operator. After talking to our client, our firm concluded that his employer can petition him as a Hydraulic Power Unit Design and Installation Project Manager. Based on our client’s educational, professional and work background, our office determined that he is eligible for EB-2 classification.

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 12, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on January 10, 2017.  On May 3, 2017, we promptly filed PERM.  Eventually, on August 11, 2017, the PERM Labor Certification was approved – an EB2 position for the Filipino beneficiary. Now our client can file the I-140 petition.

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