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

NATIONALITY: Mexican

LOCATION: Miami, FL

Our client is a citizen of Mexico who came to the U.S. on a J-2 Visa in August 2016.  He came with his father who entered on a J-1 Visa as a researcher in the U.S. 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.

He turned 21 in October 2021.  By getting a waiver, he would have the ability to be petitioned for H-1B status by his prospective employer. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of requirement or the waiver. 

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 October 2021.  

Our firm was retained to do his J-2 waiver, and on December 23, 2021, 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 14, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On May 24, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Mexican

LOCATION: Cleveland Heights, OH

Our client contacted us in December 2021 to seek legal representation for her naturalization application. She came to the United States from Mexico and she obtained her green card in July 2015.

Her N-400 application was filed on December 16, 2021 with all supporting documents. On March 14, 2022, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On March 21, 2022, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-751

APPLICANT: Mexican

LOCATION: Newville, PA

Our client contacted our office in December of 2020 regarding his I-751 application.

He is from Mexico and he married a U.S. citizen in February 2018. Through his marriage, he obtained a 2-year conditional green card in April 2019.  His conditional residency terminated in April 2021.

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 December 20, 2020 and we prepared the I-751 application. .

On January 15, 2021, our office filed the I-751 application to the USCIS. On February 15, 2022, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE) and our client received his 10-year green card which removed the conditions.

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

Our client is a U.S. citizen who married his wife in India in December 2017.  After the marriage, he came back to the United States and retained our office for the I-130 and immigrant visa filing for his wife. He retained our office on January 24, 2020. Our office prepared and filed the I-130 petition for his wife on February 20, 2020. The I-130 petition was approved by the USCIS on May 1, 2020. 

Once the I-130 petition was approved, we filed the immigrant visa packets to the National Visa Center on October 16, 2020, who in turn forwarded our client’s materials to the U.S. Consulate General in Ciudad Juarez, Mexico. An interview notice was set for the client at the U.S. Consulate General in Ciudad Juarez, and we prepared her for the interview. On February 8, 2022, the interview was conducted.  Eventually, on the same day of the interview, the U.S. Consulate General in Ciudad Juarez, Mexico approved and issued her immigrant visa.

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

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Mexican                                                                                   

LOCATION: Plymouth, OH

Our client is from Mexico who came to the U.S. on a B-2 visa in May 2021. She married her U.S. citizen husband in Mexico prior.  She retained our office on August 6, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 1, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we prepared our clients via conference call. On January 25, 2022, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients as well. On January 26, 2022, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Mexican

LOCATION: Galloway, OH

Our client contacted us in May 2020 to seek legal representation for his naturalization application. He came to the United States from Mexico and he obtained his green card in October 2017 through marriage to a US citizen.

We filed his N-400 on September 4, 2020 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On September 14, 2021, our client appeared at the Columbus, Ohio USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On September 16, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Mexican

LOCATION: Springfield, OH

Our client contacted us in March 2020 to seek legal representation for his naturalization application. He came to the United States from Mexico and obtained his green card in March 2015 from our firm. 

We filed the application on March 11, 2020.  On February 9, 2021, our client appeared at the Cincinnati, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his interview. On March 9, 2021, his application was approved.

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CASE: I-751

APPLICANT: Mexican

LOCATION: Fairview Park, OH

Our client contacted our office in February of 2020 regarding his I-751 application.

He is from Mexico and he married a U.S. citizen in May 2017. Through his marriage, he obtained a 2-year conditional green card in July 2018.  His conditional residency terminated in July 2020.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. 

On April 10, 2020, our office filed an I-751 application to the USCIS. There was no RFE or interview at all. On January 26, 2021, the USCIS approved our client’s I-751 application.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Mexican

LOCATION: Springfield, OH

Our client came to the United States from Mexico on a B2 Border Crossing Card in February 2016. He remained in the United States since then. He married a U.S. Citizen in October 2018 and retained our office on March 4, 2020 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 6, 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 December 21, 2020, our client was interviewed at the Cincinnati Ohio USCIS office. On December 22, 2020, his green card application was approved.

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CASE: I-751

APPLICANT: Mexican

LOCATION: Medina, OH

Our client contacted our office in September of 2019 regarding his I-751 application.

He is from Mexico and he married a U.S. citizen. Through his marriage, he obtained a 2-year conditional green card in February of 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 and we prepared the I-751 application.

On November 25, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, joint tax documents, birth certificate of their child, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Several months later, the USCIS scheduled an interview for our client and his wife. Our client and his wife were requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared them thoroughly via conference calls. Sung Hee Yu from our office accompanied them at the interview as well. The interview went well on November 13, 2020 and the USCIS approved our client’s I-751 application on the same day. 

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