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Post image for Green Card Approval after Successful Response to RFE for Filipina Client in Cleveland Ohio

CASE: Adjustment of Status / Response to RFE

CLIENT: Filipina

LOCATION: Cleveland, OH

Our client is from the Philippines with K-1 Fiancée Visa. Once she came to the United States with her K-1 Visa, within 90 days of her entry, she married to her boyfriend (now her U.S. citizen husband). Then, she filed I-485 adjustment of status application by herself in 2016. However, on August 26, 2016, the USCIS issued a Request for Evidence. After the issuance of RFE, our client contacted our office and retained us on October 17, 2016.   

Once retained, we helped our client obtain supporting documents for the adjustment of status and prepared the response brief for RFE. We fully explained the basis of her adjustment of status and her husband’s financial ability through Form I-864. On October 20, 2016, we filed the Response to RFE.

On February 17, 2017, our client’s adjustment of status application was approved. Our client finally becomes a green card holder.

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Post image for Immigrant Visa Based on Approved I-130 for Petitioner in Chicago Illinois and Beneficiary in Manila Philippines

CASE: I-130 and Consular Processing
CLIENT: LPR Petitioner; Filipina Beneficiary
LOCATION: Petitioner: Chicago, IL; Beneficiary: Manila, Philippines

Our client is a green card holder from the Philippines. She has a daughter who lived in the Philippines. After our client got her green card in 2014, she decided to petition her daughter in the Philippines for an immigrant visa. She contacted our office again in September 2014 and retained our office to help bring her daughter to the States.  It is important to note that an alien cannot adjust his or her status (get a green card) outside the U.S. by filing an I-130 and I-485 simultaneously. Since the client’s daughter was not in the United States, our office promptly filed the I-130 petition to the USCIS first on October 2, 2014.

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 March 2, 2015. After the I-130 approval and when the I-130 priority date became current, we filed the immigrant visa packets to the National Visa Center on January 27, 2016, 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 daughter. On July 20, 2016, 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.

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Post image for Approved I-539 J-1 to B-2 Change of Status for Filipina Client in North Dakota

CASE: Change of Status / I-539
NATIONALITY: Filipina
LOCATION: North Dakota

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitors visa to work in the United States. She consulted with our firm a few weeks before the expiration of her J-1 status. She wanted to continue her stay in the United States for six more months to spend more time here for her medical treatment.  We explained to her that CIS has been more stringent on Visitor status changes.

Upon retention, we asked her to prepare a statement on her plans if her change of status request is granted. We asked her to provide as much detail as possible as we reviewed her drafts several times. We made sure all addresses, contact information, and dates on her statements were complete and accurate. We made sure all her plans were supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence by the CIS.  Our office submitted financial documents as well. We filed the I-539 Change of Status Application on February 1, 2016.

However, on November 29, 2016, the USCIS California Service Center issued Request for Evidence and requested our client to submit more evidence to demonstrate her intention to go home (Philippines), reasons for her change of status, and her financial ability to stay in the United States if her change of status is granted. Our office prepared the Response to RFE and filed the response to USCIS on December 27, 2016. Eventually, on January 9, 2017, her change of status request (from J-1 to B-2) was granted and she can stay in the United States until July 2017.

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Post image for Naturalization and Citizenship N400 Approval for Filipino Client in Massachusetts

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Massachusetts

Our client contacted us in May 2016 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 1985.

Once retained, his N-400 application was filed on May 17, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls. On December 16, 2016, our client appeared at the Springfield, MA 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 January 6, 2017. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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Post image for Adjustment of Status Green Card Approval Based on K-1 Fiancé Visa for Filipina Client in Cleveland, Ohio

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

CLIENT: Filipina

LOCATION: Cleveland, OH

Our client came to the United States in July 2016 on a K-1 visa from the Philippines.  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 marry 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.

Our client contacted our office initially in the middle of August 2016 and consulted with us for her adjustment of status application. After retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on September 6, 2016.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client. On January 17, 2017, her green card application was finally approved.

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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Filipina Client in Ohio

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Ohio

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in October 2009. Since then, she has remained in the United States.  In February 2016, our client married her current U.S. citizen husband.  She retained our office in August 2016 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 19, 2016.  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 at our office as well. On January 13, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on January 25, 2017, her green card application was approved.

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Post image for I-130 and I-485 Marriage Based Petition and Adjustment of Status Approval for Filipina Client in Alaska

CASE: I-130/I-485 / J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Alaska

Our client came from the Philippines on a J-1 in August 2012 to work as a speech teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States.

In May 2015, 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.

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 May 20, 2015, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Alaska State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On July 29, 2015, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, 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 October 8, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on December 3, 2015, 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 Adjustment of Status Application on December 9, 2015.  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 January 10, 2017, our client was interviewed at the Anchorage, Alaska USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

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Post image for J-1 Waiver Through Exceptional Hardship Approved for Filipina Client in Seattle Washington

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Exceptional Hardship

NATIONALITY:  Filipina

LOCATION: Seattle, WA

Our client came from the Philippines on a J-1 visa in 2008.  She got her J-1 status as a recipient of the Fulbright Scholarship in the United States and her J-1 status made her subject to the two-year foreign residency requirement. Later, she changed her status from J-1 to F-1 and maintained her non-immigrant visa status. In 2012, she married her U.S. citizen husband. She would like to file her adjustment of status application along with her husband’s I-130 petition for her. However, due to her two-year foreign residency requirement, she has to get the waiver or fulfill the requirement before she files the adjustment of status application.  

Unlike our other J-1 clients, our client could not pursue her waiver under No Objection Statement or Interest Government Agency (IGA). Our client also received government funding (Fulbright Scholarship) for her research programs which made her case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue her J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen husband is experiencing exceptional medical hardships.

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.”

Some of the factors in analyzing exceptional hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978).

After she retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On September 10, 2015 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen husband’s medical conditions.  On September 24, 2015, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s husband would experience exceptional hardship if our client needs to go back to the Philippines for two years.

Eventually, the USCIS approved her I-612 waiver on December 15, 2016. Now that our client’s two-year foreign residency requirement is waived, she can file her adjustment of status application along with her husband’s I-130 petition.  

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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Filipina Client in Houston Texas

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Houston, TX

Our client is from the Philippines who came to the U.S. on a B-2 Visitor’s Visa in April 2011.  In September 2015, our client married her current U.S. citizen husband.  She retained our office in October 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 5, 2015.  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 December 8, 2016, our client was interviewed at Houston Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on December 9, 2016, her green card application was approved.

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Post image for Green Card Approval Based on Husband’s I-140 for Filipina in Miami Florida

CASE: Follow-to-join based on approved I-140 for husband and I-485 adjustment of status

CLIENT: Filipina Client in Miami, FL

Our client contacted our office in November 2014 for her adjustment of status case. Her husband was a beneficiary of an EB-3 I-140 petition from his prospective employer, and got his green card in July 2014. Our client and her husband have been married since May 2010 before her husband got his permanent residency. Thus, she was eligible follow-to-join and adjustment of status based on her husband’s I-140.

She came to the United States in October 2014 on a valid B-2 visitor’s visa. She did not know that she was eligible for the adjustment of status when she came to the United States, but later learned that she would be eligible for the adjustment of status filing. After the consultation with our office, she retained our office on December 18, 2014.

Once retained, we prepared and file our client’s adjustment of status application along with supporting documents to USCIS on December 22, 2014.  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 October 2016, her priority date becomes current. The USCIS requested our client to submit her new immigration medical record and our office submitted it to the USCIS on October 20, 2016. Eventually, our client’s adjustment application was approved by the USCIS on November 14, 2016.  After a long wait, our client is finally a green card holder.

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