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

 NATIONALITY:  Egyptian

 LOCATION: Laurel, MD

Our client came from Egypt and entered the U.S. as a J-1 scholar in 2013.  In 2015, he got his F-1 status as a Ph.D. Student in the United States.   His J-1 status made him subject to the two-year foreign resident requirement. Our client would like to file his adjustment of status application along with his I-140 NIW application; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen daughter 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 extreme 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 he retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On August 7, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an 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 his U.S. citizen daughter’s medical conditions.  On August 7, 2020, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s daughter would experience exceptional hardship if our client needs to go back to Egypt for two years. 

Eventually, the USCIS approved his I-612 waiver on June 24, 2022. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his NIW I-140 self-petition in the United States. 

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CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Egyptian Periodontist in Toledo, OH

Our client is a dental clinic located in Toledo Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Master of Dentistry in the United States. Also, he had 3 years of residency training in Periodontics in the U.S. Moreover, he is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate periodontist which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and registered for the H-1B selection process. His case was selected for the 2023 Fiscal Year H-1B quota. Our office prepared and eventually filed the H-1B visa petition with various supporting documents on April 27, 2022 via premium processing.  Our client’s H-1B application was approved on May 6, 2022 without any Request for Evidence (RFE).

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CASE: Marriage-Based Adjustment of Status

CLIENT: Egyptian

LOCATION: Indianapolis, IN

Our client came to the United States from Egypt on an F-1 visa. He married a U.S. Citizen in November 2018 and retained our office on December 10, 2019, for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 12, 2020.  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 November 10, 2020, our client was interviewed at the Indianapolis, IN USCIS office. On February 8, 2021, his green card application was approved.

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

Our client is a U.S. Citizen who married her husband in Egypt in October 2018.  After the marriage, she came back to the United States to work and wanted to file the I-130 petition for her husband in Egypt.  She retained our office in October 2018 and our office prepared and filed the I-130 petition on October 22, 2018. This I-130 Petition was approved by the USCIS in February 2019. Once the I-130 petition was approved, she retained us again to bring her husband to the States via consular processing.

Once retained, we filed the immigrant visa packets to the National Visa Center on April 26, 2019, who in turn forwarded our client’s materials to the U.S. Embassy in Cairo, Egypt. An interview notice was set for the client at the US Embassy in Cairo, and we prepared him for the interview. On November 26, 2019, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Cairo, Egypt approved and issued his immigrant visa.

With the approved immigrant visa, our client’s husband 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: Egyptian

LOCATION: Strongsville, OH

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

He is from Egypt and he married a U.S. citizen in September 2015. Through his marriage, he obtained a 2-year conditional green card in December of 2016.  His conditional residency terminated in December 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 September 12, 2018, and our office prepared an I-751 application for our client with other supplemental exhibits.

On September 20, 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. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on August 14, 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: Adjustment of Status (I-485) / I-140 (EB-2)
EMPLOYER: Egyptian Periodontist
LOCATION: Cleveland, OH

Our Egyptian client worked in the United States on an OPT as an associate periodontist. His current employer was willing to do an immigration petition for him, second-preference. Our client has a dentistry degree in Egypt which is evaluated as Doctor of Dental Medicine degree in the United States. He also has a license to practice dentistry in the state of Ohio and has 3 years of residency training in periodontics.  Based on our client’s education and work, 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 August 18, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 1, 2017. On January 16, 2018, we promptly filed PERM. Eventually, on May 18, 2018, the PERM Labor Certification was approved – an EB2 position for the Egyptian 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 June 1, 2018, via premium processing service. Eventually, on June 8, 2018, the I-140 EB-2 Petition for our Egyptian client was approved without any Request for Evidence (RFE).

When we filed his I-140, he concurrently filed his I-485 adjustment of status application. Prior to the interview, we thoroughly prepared our client at our office as well. On September 11, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. However, the priority date of Eb-2 category for the Egyptian national backlogged. Our client had to wait until the priority date becomes current. In October 2018, his priority date becomes current. Eventually, his I-485 application was approved by the USCIS on November 23, 2018.

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CASE: I-485 Adjustment of Status / Motion to Terminate Removal Proceedings Based on an Approved I-130 Immediate Relative Spousal Petition

CLIENT: Egyptian

LOCATION: Cleveland, OH

Our client is an Egyptian citizen who came to the U.S. on a B-2 Visitor’s Visa in 2014.   Our client and her US Citizen husband married in April 2013. Her husband filed an I-130 petition for in December 2014; however, while the I-130 petition was pending, our client was placed in removal proceedings due to her overstay. Our client retained our office for the representation at her removal proceedings and the I-130 petition for her. We accompanied them at their I-130 interview on October 5, 2017 at the Cleveland USCIS Field Office and this I-130 petition was subsequently approved by the USCIS on October 13, 2017.  

On November 2, 2017, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS joined Motion to terminate proceedings after our inquiry, and the Immigration Judge granted the Motion to terminate without prejudice in March 2018.  

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 March 23, 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 at our office. On August 24, 2018, our client was interviewed at the USCIS Cleveland Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on September 10, 2018, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Egyptian

LOCATION: Cleveland, OH

Our client contacted us in April 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Egypt and obtained his green card in August 2009.

After retention, his N-400 application was filed on April 27, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On July 9, 2018, our client appeared at the Cleveland, OH 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 July 12, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: EB-2 I-140    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Egyptian Periodontist

Our client is from Egypt, who is currently working in the United States as an associate periodontist under his OPT. His current employer was willing to do an immigration petition for him, second-preference. Our client has a dentistry degree in Egypt which was evaluated as an equivalent degree of Doctor of Dental Medicine degree the United States. He also has a license to practice dentistry in the state of Ohio and has 3 years of residency training in periodontics.  After talking to our client, our firm concluded that his employer can petition him as an associate periodontist. Based on our client’s education and working 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 August 18, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 1, 2017. On January 16, 2018, we promptly filed PERM. Eventually, on May 18, 2018, the PERM Labor Certification was approved – an EB2 position for the Egyptian 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 June 1, 2018, via premium processing service. Eventually, on June 8, 2018, the I-140 EB-2 Petition for our Egyptian client was approved without any Request for Evidence (RFE). When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will likely be approved as well.

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CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Egyptian Periodontist

Our client is from Egypt, who is currently working in the United States as an associate periodontist under his OPT. His current employer as willing to do an immigration petition for him, second-preference. Our client has a dentistry degree in Egypt which is evaluated as an equivalent degree of Doctor of Dental Medicine degree the United States. He also has a license to practice dentistry in the state of Ohio and has 3 years of residency training in periodontics.  After talking to our client, our firm concluded that his employer can petition him as an associate periodontist. Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly 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 August 18, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 1, 2017. On January 16, 2018, we promptly filed PERM. Eventually, on May 18, 2018, the PERM Labor Certification was approved – an EB2 position for the Egyptian beneficiary. Now our client can file the I-140 petition.

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