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

NATIONALITY: Filipino

LOCATION: San Diego, CA

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in September 2017.  He came with his father who entered on a J-1 Visa for his employment 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.

Our client turned 21 in June 2022. He wanted to file his I-485 adjustment of status application with his U.S. citizen spouse’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot adjust his status in the United States without the fulfillment of the requirement or a 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 June 2022.

Our firm was retained to do his J-2 waiver, and on June 10, 2022, 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 July 12, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 19, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

NATIONALITY: Chinese

LOCATION: San Jose, CA

Our client is a citizen of China who came to the U.S. on a J-2 Visa in July 2011.  She came with her mother 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.

She turned 21 in April 2019.  By getting a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her 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 April 2019.  

Our firm was retained to do her J-2 waiver, and on February 14, 2022, 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 June 21, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 8, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Nigeria

LOCATION: Ontario, CA

Our client came to the United States from Nigeria on an F-1 student visa. She married her US citizen husband in December 2021. She retained our office on January 3, 2022 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 3, 2022. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On May 24, 2022, our client was interviewed at the San Bernardino California USCIS office. On May 25, 2022, our client’s green card application was approved.

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Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: San Diego, CA

Our South Korean client entered the United States in May 2021 under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) during the summer. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  

In August 2021, our client and her U.S. citizen boyfriend married in the United States. They contacted our office and retained us.  One main 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 August 10, 2021.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized stay period expired. Everything went smoothly and the receipt notices, fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On April 19, 2022, our client was interviewed at the San Diego, CA USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved her green card application on April 21, 2022.  Now, our client is a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: Culver City, CA

Our client came to the United States from India in August 2021. She married her US citizen husband in December 2021. She retained our office on January 7, 2022, for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 20, 2022. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On April 12, 2022, our client was interviewed at the Los Angeles, CA USCIS office. On April 13, 2022, our client’s green card application was approved.

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CASE: Asylee Adjustment of Status
CLIENT: Chinese
LOCATION: Fremont, CA

Our client came to the United States from China and was granted asylum in November 2019.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status. Around November 2020, our client contacted our office again and sought legal assistance for his adjustment of status.  We prepared and filed his I-485 Adjustment of Status Application on November 13, 2020. Everything went smoothly and the receipt notice and fingerprint appointment all came on time.

On April 11, 2022, the USCIS approved our client’s Adjustment of Status application without an interview. He is now a permanent resident of the United States.

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CASE: I-751

APPLICANT: Cameroonian

LOCATION: San Francisco, CA

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

He is from Cameroon and he married a U.S. citizen in October 2017. He obtained his 2-year conditional green card in September 2018. His conditional residency terminated in September 2020.

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 July 14, 2020. On July 31, 2020, our office filed the I-751 application to the USCIS. On February 23, 2022, the USCIS issued a Request for Evidence. On April 4, 2022, our office filed the Response to RFE to the USCIS. On April 14, 2022, the USCIS approved our client’s I-751 application. He received her 10-year green card.

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

NATIONALITY: Filipina

LOCATION: Sacramento, CA

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2018.  She came with her mother who entered on a J-1 Visa for her employment 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.

She turned 21 in July 2021.  She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the fulfillment of the requirement or a 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 July 2021.

Our firm was retained to do her J-2 waiver, and on September 28, 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 January 19, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On February 23, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino

LOCATION: Buena Park, CA

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in December 2020. Since then, he has remained in the United States. He has a U.S. Citizen spouse. He visited her in December 2020; however, due to COVID-19 situations, he decided to remain in the U.S and apply for permanent residency. He retained our office on February 12, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 4, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On December 9, 2021, our client was interviewed at the Santa Ana, CA USCIS office.  Eventually, on the same day of the interview, his green card application was approved.

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

APPLICANT: Korean Registered Nurse 

LOCATION: Buena Park, CA

Our client is a Korean registered nurse who currently works under her OPT. Her current employer was willing to petition her for 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 California Registered Nursing License. Our firm told her that her current employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on January 29, 2021 and we started on her Prevailing Wage Request.

We filed the I-140 application on June 29, 2021 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  Without any Request for Evidence (RFE), on July 13, 2021, the I-140 was approved. 

Once her I-140 petition was approved, she retained our office again for adjustment of status application. On August 10, 2021, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on December 1, 2021, her green card application was approved without any RFE. Her adjustment of status application was approved less than 4 months from the filing date.

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