CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Australian

LOCATION: New York, NY

Our client contacted us in March 2020 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Australia and obtained his green card in June 2003.  

His N-400 application was filed on May 5, 2020 with all supporting documents. Prior to his citizenship interview, our office prepared him via phone call.  On May 5, 2021, our client appeared at the New York City CIS office. Our client answered all questions correctly and passed his naturalization interview. Eventually, on the same day of his interview, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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

NATIONALITY: Malaysian

LOCATION: Sydney, Australia

Our Malaysian client came to the U.S. on a J-1 Visa in August 2010 to pursue his undergraduate degree. He completed his Bachelor’s program and promptly left the United States. In September 2016, he came back to the U.S. on a valid J-1 visa as a short-term scholar in California. However, his J-1 visa made him subject to the two-year foreign resident requirement.  His work and training program in the U.S. enhanced our client’s interest in his field, and he would like to gain employment in the U.S. beyond his J-1 time.  However, due to the two-year foreign residency requirement, he had to obtain a waiver first before he could change his current status in the United States.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Malaysian Embassy in the United States.  Our office contacted the Malaysian Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested different documents including a statement of reason for the waiver.

On November 18, 2016, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a change of status application but for the waiver.

The Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. The Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on May 4, 2017.  

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Case: I-130/I-485

Applicant/Beneficiary – Australian

Location: Cincinnati, OH

Our client entered the United States in September 2004 from Australia under the visa waiver program. He came here to visit his U.S. citizen girlfriend (now his wife) for a couple months. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days. However, he decided to remain in the United States.  

Later, in March 2006, our client and his U.S. citizen girlfriend married in the United States. They have happily maintained their marital life. In 2015, our client and his wife contacted our office, and they retained us on June 29, 2015.

One main issue in his green card application through marriage was the fact that he came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability; it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 22, 2016.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. 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 June 16, 2016, our client was interviewed at the Cincinnati, Ohio USCIS Field Office.  Despite the visa waiver issue, on the same day of the interview, the USCIS approved his green card application.  Now, our client is a green card holder.

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CASE: Marriage-Based Adjustment of Status.
NATIONALITY: Australian
LOCATION: Houston, TX

The marriage-based green card approval we got recently was for an Australian client who came to the U.S. on a J-2 Visa in 1999. She came to the U.S. with her father who came on a J-1 visa for his research program in the United States.  Later, our client changed her J-2 visa to F-1 visa.  After she graduated, she married her current U.S. citizen husband in 2007 and her husband filed an I-130 petition on behalf of our client.  The I-130 petition was approved in July 2010. She did an adjustment of status application by herself before retaining us, and this was denied due to her being subject to the two-year foreign residence requirement.

As explained in a previous success story, our office worked on our client’s J-2 visa waiver through the Interested Government Agency (IGA) route.  Eventually, the CIS issued an I-612 approval notice on April 28, 2014.

After we received the I-612 waiver, our client retained us again and sought legal assistance for her I-485 adjustment of status application. Our firm prepared and filed the I-485 adjustment of status application on July 3, 2014. 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 September 18, 2014, our client was interviewed at the Houston, Texas USCIS office. On the same day, her green card application was approved.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Australian

LOCATION: Houston, Texas

Our client is a citizen of Australia who came to the U.S. on a J-2 Visa in November 1999.  She came with her father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After our client came to the United States, she started to attend a community college in the Dallas area as a J-2 visa holder. In August 2000, she filed an I-539 change of status application to the USCIS, and this application was granted. She changed her status from J-2 to F-1. She completed her associate’s degree and proceeded to a Bachelor’s degree at a different academic institution. However, after she graduated in 2005, she failed to maintain her non-immigrant status in the United States.

She turned 21 in 2002.

She eventually got married to a U.S. citizen husband and her husband filed an I-130 petition for our client in April 2010. This I-130 petition was approved in July 2010. However, because of her two-year foreign residency requirement, our client could not apply for permanent residency.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in August 2002.

Our firm was retained to do her J-2 waiver on February 28, 2014. On March 17, 2014, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on April 2, 2014 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On April 28, 2014, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

CLIENT: Australian

LOCATION: Cleveland, Ohio

Our client came to the United States in May 2005 with a B-2 Visitor’s Visa from Australia. Later that year, he changed his status from B-2 to F-1 to pursue his degree in the United States. He has maintained his status in the United States as an F-1 student after that. Since 2005, our client and his current U.S. citizen spouse were in a relationship.

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 the 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.

After DOMA was struck down, our client and his current U.S. citizen spouse, decided to get married. They married in New York in July 2013 where same-sex marriages are recognized.

Our client contacted our office and retained us on August 5, 2013 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 August 12, 2013. 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. On January 2, 2014, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well.  Eventually, on January 8, 2014, his green card application was approved.

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