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

APPLICANT: Indonesian Registered Nurse 

LOCATION: Shoreline, WA

Our client is an Indonesian registered nurse who currently lives in Seattle, WA. Her prospective employer was willing file a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

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 a nursing degree and has a Washington Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on March 22, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on March 25, 2021.  

We filed the I-140 application on September 3, 2021 via premium processing. We included the job offer letter, the notice of filing, financial ability to pay letter, and other necessary supporting documents. On September 13, 2021, our client’s I-140 petition was approved without any Request for Evidence (RFE). 

Once her I-140 petition was approved, she retained our office again to file an adjustment of status application for her and her husband. On October 1, 2021, our office filed the I-485 adjustment of status applications for our client and her husband. Everything went smoothly and the receipt notices and fingerprint appointment came on time. On April 25, 2022, she and her husband’s green card applications were approved. 

{ 0 comments }

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

 NATIONALITY: Indonesian

 LOCATION: Miami, FL

Our Indonesian client came to the U.S. on a J-1 Visa in January 2017. He came to the U.S. for his research program, and his J-1 visa made him subject to the two-year foreign resident requirement.  His research and higher education enhanced his interest in the field, and he would like to further his future research and development projects.  However, since most of the research projects that interest him will take a longer time, he anticipates that most employers will eventually wish to petition him for an alternate form of visa such as an H-1B. 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 Indonesian Embassy in the United States.  Our office contacted the Indonesian Embassy in Washington D.C. to make sure we knew all the current requirements needed for their office to issue a no objection statement.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Indonesian passport, and a copy of Form DS-3035.

On May 14, 2021, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian 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 Indonesian Embassy eventually issued a No Objection Statement for our client and sent this letter to the State Department’s Waiver Review Division.  On August 19, 2021, 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 September 2, 2021.  Now that our client’s two-year foreign residency requirement is waived, he can be a beneficiary of other non-immigrant visas in the United States without going back to Indonesia for 2 years.

{ 0 comments }

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

 NATIONALITY: Indonesian

 LOCATION: Washington DC

Our Indonesian client came to the U.S. on a J-1 Visa in September 2016.  He came to the U.S. for his research program, and his J-1 visa made him subject to the two-year foreign resident requirement.  His research and higher education enhanced his interest in the field, and he would like to further his future research and development projects.  However, since most of these will take a longer time, he anticipated that most employers will eventually wish to petition him for an alternate form of visa such as an H-1B. But 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 the No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office contacted the Indonesian Embassy in Washington D.C. to make sure we knew all the updated requirements needed for their office to issue a no objection statement.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Indonesian passport, and a copy of Form DS-3035.

On June 5, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian 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 Indonesian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On October 28, 2020, 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 November 2, 2020.  Now that our client’s two-year foreign residency requirement is waived, he can be a beneficiary of other non-immigrant visas in the United States without having to going back to Indonesia for 2 years.

{ 0 comments }

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

 NATIONALITY: Indonesian

 LOCATION: Jacksonville, FL

Our Indonesian client came to the U.S. on a J-1 Visa in February 2016.  She came to the U.S. for her internship, and she was subject to the two-year foreign resident requirement.  In January 2020, our client married his U.S. Citizen husband and she wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office contacted the Indonesian Embassy in Washington D.C. to make sure we knew all the LATEST requirements needed for their office to issue a no objection statement.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of her valid Indonesian passport, and a copy of Form DS-3035.

On May 28, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian 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 marriage based adjustment of status application but for the waiver.

The Indonesian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On September 16, 2020, 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 October 6, 2020. Now that our client’s two-year foreign residency requirement is waived, she can file an adjustment of status application with her husband I-130 petition.

{ 0 comments }

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

NATIONALITY: Indonesian                                                                                                     

LOCATION: Jacksonville, FL

Our client is from Indonesia who came to the U.S. on a J-1 Visa in April 2007.  He. for work training, and his J-1 program subjected him to the two-year foreign residency requirement.  After his J-1 program was completed, he remained in the United States. 

In March 2019, our client married his U.S. Citizen wife.  He is eligible to get a green card through his marriage to a U.S. citizen; however, before we can file his I-130/I-485 application simultaneously, he has to get a waiver of theis two-year foreign residency requirement. He consulted with our office retained us on December 20, 2019. 

Upon retention, our office prepared the waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  We contacted the Indonesian Embassy in Washington D.C. to pursue the waiver. The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Indonesian passport, and a copy of the Form DS-3035 application.  

On January 2, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file a marriage based adjustment of status. 

The Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On July 24, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice for our client’s waiver of two-year foreign residency program on August 7, 2020.  Now, our client can file his adjustment of status application along with the I-130 petition.

{ 0 comments }

CASE: I-751

APPLICANT: Indonesian

LOCATION: Marietta, GA

Our client contacted our office in May of 2019 regarding her I-751 application.

She is from Indonesia and she married a U.S. citizen in March 2017. Through her marriage, she obtained a 2-year conditional green card in November 2017.  Her conditional residency terminated in November 2019.

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 on May 21, 2019, and our office prepared an I-751 application for our client with the necessary supporting documents.

On August 21, 2019, 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. 

Eventually, on May 11, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

{ 0 comments }

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

NATIONALITY: Indonesian                                                                                                     

LOCATION: Van Buren, AR

Our client is from Indonesia who came to the U.S. on a J-1 Visa in February 2001.  He came to the U.S. for work training, but his J-1 program is subject to the two-year foreign resident requirement.  After his J-1 program was completed, he remained in the United States. In October 2019, our client married his U.S. Citizen wife. He is eligible to get a green card through his marriage to a U.S. citizen; however, before we file his I-130/I-485 application simultaneously, he has to get a waiver of his two-year foreign residency requirement. In order to get a waiver of his two-year foreign residency requirement, he consulted with our office and later decided to retain our office on November 6, 2019. 

Once retained, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office and our client promptly contacted the Indonesian Embassy in Washington D.C. to pursue the waiver for our client.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of valid Indonesian passport, and a copy of Form DS-3035 application.  

On November 19, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file marriage based adjustment of status. 

The Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On January 8, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice for our client’s waiver of two-year foreign residency program on February 26, 2020.  Now, our client can file his adjustment of status application along with I-130 petition.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Indonesian

LOCATION: Northfield, OH

Our client came to the United States from Indonesia on a F-1 student’s visa to pursue her undergraduate degree. She married a U.S. Citizen in January 2019 and retained our office on February 1, 2019 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 4, 2019. 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 May 24, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on June 12, 2019, her green card application was approved.

{ 0 comments }

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

CLIENT: Indonesian

LOCATION: Atlanta, GA

Our client came to the United States in July 2017 as a K-1 visa entrant from Indonesia.  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 married 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 August 2017 and consulted with us for her adjustment of status application. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on September 6, 2017.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.

Thereafter, the USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients via conference calls. On October 23, 2018, our clients were interviewed at the Atlanta, Georgia USCIS office. After the interview, her green card application was approved on the same day.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indonesian

LOCATION: Columbus, OH

Our Indonesian client came to the U.S. on a J-1 Visa in May 2016.  She came to the U.S. for an internship, and her J-1 visa made her subject to the two-year foreign residency requirement.  In March 2017 our client married his U.S. Citizen husband and she wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office contacted the Indonesian 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 nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of her valid Indonesian passport, and a copy of Form DS-3035.

On March 22, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian 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 marriage based adjustment of status application but for the waiver.

The Indonesian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 7, 2017, 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 October 20, 2017.

Once we received the I-612 waiver for our client’s J-1 waiver, our firm prepared and filed I-130 petition and I-485 adjustment of status application on November 8, 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 through conference calls.  On February 27, 2018, our client was interviewed at the Columbus USCIS Field office in Ohio. Eventually, on March 7, 2018, her green card application was approved.

{ 0 comments }