Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: Auburn, AL

Our client entered the United States in June 2009 from South Korea under the visa waiver program. She came here with her parents when she was a minor. As a Visa Waiver Entrant, she was only authorized to remain in the United States only for 90 days.  Nonetheless, she has remained in the United States. 

In January 2021, our client and her U.S. citizen husband married. They contacted our office and they retained us.  One issue in her green card application through marriage was the fact that she 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.

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on June 20, 2021. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients via conference call. On June 6, 2022, our client was interviewed at the Montgomery, Alabama USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved her green card application on the same day of the interview.  Now, our client is a green card holder. 

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CASE: I-751

APPLICANT: Filipina

LOCATION: Birmingham, AL

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

She is from the Philippines and she married a U.S. citizen in July 2016. Through her marriage, she obtained her 2-year conditional green card in February of 2017.  Her conditional residency terminated in February 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 January 18, 2019, and our office prepared an I-751 application for our client.

On February 6, 2019, our office filed the I-751 application to the USCIS. 

The receipt notice and fingerprint notice were issued, extending our client’s LPR status. The USCIS issued a Request for Evidence (RFE) and so we filed an extensive Response to RFE on July 21, 2020.  

On September 1, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: I-130 RFE Response

LOCATION: Petitioner: Selma, AL; Beneficiaries: India

Our client is a US permanent resident who married an Indian lady in India.  Thereafter, he filed an I-130 petition on behalf of his wife for her immigrant visa. He filed the  I-130 in March 2018 by himself; however, the USCIS issued a RFE in late December 2019. The RFE request for bona fide evidence between his (the petitioner) and his EX-wife, as well as his current wife. Upon the issuance of the RFE, our client contacted our firm and sought our legal assistance.  He retained our office immediately, and our office started to work on the Response to RFE for his wife.    

Our office filed the Response to RFE on March 10, 2020.  In the Response brief, our office fully explained that the marriage between our client and his wife, as well as his ex-wife, are bona fide. We also submitted a substantial amount of bona fide marital evidence for both marriages. Also, we explained that the Petitioner’s previous marriage with his US citizen ex-wife was not entered into for the purpose of evading immigration laws. 

Eventually, on June 17, 2020, the USCIS approved our client’s I-130 petition for his wife in India. Now, he can start consular processing for his wife’s immigrant visa. 

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Kenyan

LOCATION: Huntsville, AL

Our client contacted us in March 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Kenya and obtained her green card in June 2008. 

Once retained, her N-400 application was filed on March 11, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference call.  On November 12, 2019, our client appeared at the Montgomery Alabama USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on March 10, 2020. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Kenyan

LOCATION: Huntsville, AL

Our client contacted us in January 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Kenya and obtained her green card in March 2016 through her marriage to her current U.S. citizen husband. 

Upon retention, her N-400 application was filed on January 24, 2019 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On October 17, 2019, our client appeared at the Montgomery Alabama USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on the same day of her interview. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Kenyan

LOCATION: Huntsville, AL

Our client is from Kenya who came to the U.S. on a F-1 student visa in May 2001. In January 2014, our client married her current U.S. citizen husband.  After the marriage, they tried to file our client’s green card application by themselves; however, their applications were rejected by the USCIS due to several mistakes that our client made. Nevertheless, our client’s U.S. citizen husband filed an I-130 petition for her in May 2017 and this petition was remained pending. 

Our client retained our office for her green card application on April 10, 2019, and our firm prepared and filed the I-485 Adjustment of Status Application on April 26, 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 via conference calls. On October 3, 2019, our client was interviewed at Montgomery Alabama USCIS office.  Eventually, on the same day of the interview, her green card application was approved.

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

 NATIONALITY:  Iranian

 LOCATION: Tuscaloosa, Alabama

Our client came from Iran and came to the U.S. as a J-1 short-term 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 son 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 an exceptional hardship basis. On July 31, 2017, 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 his U.S. citizen son’s medical conditions.  On August 14, 2017, 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 son would experience exceptional hardship if our client needs to go back to Iran for two years. 

Eventually, the USCIS approved his I-612 waiver on August 19, 2019. 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: J-1 Waiver of the Two-Year Foreign Residency Requirement – Hardship

NATIONALITY:  Iranian

LOCATION: Alabama

Our client came from Iran as a J-1 short-term scholar in 2011.  In 2012, he got his F-1 status as a Ph.D. Student in the United States. His J-1 visa made him subject to the two-year foreign residency 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 an exceptional hardship basis. On September 7, 2017, 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 his U.S. citizen daughter’s medical conditions.  On September 25, 2017, 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 daughter would experience exceptional hardship if our client needs to go back to Iran for two years.

However, the USCIS issued Request for Evidence on July 5, 2018 and requested more hardship evidence from our client. Our office filed Response to RFE on July 19, 2018.

Eventually, the USCIS approved his I-612 waiver on March 4, 2019. 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: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Birmingham, AL

Our client is from the Philippines who came to the U.S. on an H-1B visa in October 2009. Since then, she has remained in the United States and worked as a high school teacher in Birmingham, AL.  In July 2016, our client married her current U.S. citizen husband.  She retained our office in July 2016 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 22, 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 via conference calls. On February 27, 2017, our client was interviewed at the Atlanta, Georgia USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of the interview, her green card application was approved.

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