CASE: J-2 Waiver / Over 21-year-old

NATIONALITY: Indian

LOCATION: New Britain, CT

Our client was a citizen of India who came to the U.S. on a J-2 Visa in August 2000.  She came with her father who was 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, or win a waiver application, before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in March 2015.  By getting a waiver, she would have filed her adjustment of status application based on her U.S. citizen husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the requirement or winning 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. 

Our firm was retained to do her J-2 waiver and on March 26, 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 August 31, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 2, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: N-336 (Citizenship / Naturalization / Request for a Hearing on a Decision in Naturalization Proceedings)
APPLICANT: St Lucian
LOCATION: New Haven, CT

Our client filed an N-400 application in September 2019 to the USCIS. She came to the United States from St. Lucia and obtained her green card in May 2012.  However, in February 2021, the USCIS denied her naturalization application and stated that our client failed to respond to a Request for Evidence regarding her taxes. The USCIS informed her that if she believes that she can overcome the grounds for the denial, she can submit a request for a hearing on Form N-336 within 30 calendar days of the issuance of the denial decision.  She retained our office and sought for legal assistance of her N-336 application.

The N-336 application was filed on March 9, 2021 with all supporting documents including our client’s tax records.  Our office prepared her before her N-336 interview which was held on May 27, 2021 at the Hartford, CT CIS office. Eventually, on July 7, 2021, her N-336 application was approved. Her oath taking will take place and she becomes a naturalized U.S. Citizen.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physician’s Office

BENEFICIARY: Nepalese Nurse Practitioner

LOCATION: Bridgeport, CT

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, she was eligible for EB2 and “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 Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained and we filed the Prevailing Wage Determination.

We filed the I-140 application on March 4, 2021 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents.

In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  On March 17, 2021, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Nepalese nationals is current for the EB-2 category, she is eligible to file her adjustment of status application now.

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Case: I-130/I-485
Issue: Visa Waiver Entry
Applicant/Beneficiary – Italian
Location: Weston, CT

Our client entered the United States in December 2019 from Italy under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days. 

She married to U.S. Citizen in September 2011 in Italy. 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.

Our client contacted our office for consultation and retained our office on January 13, 2020 for her adjustment of status application. Our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 11, 2020. Our office requested the CIS to exercise favorable discretion in granting adjustment of status despite her visa waiver entry.  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. On February 16, 2021, our client was interviewed at the Hartford, Connecticut USCIS Field Office. Despite the visa waiver entry and subsequent adjustment of status issue, the USCIS officer approved her green card application on the same day.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Vietnamese
LOCATION: Stamford, CT

Our client is a citizen of Vietnam who came to the U.S. on a J-2 Visa in August 2008.  He came with his wife (now, his ex-wife) who held a J-1 Visa as an exchange visitor.  Both were subject to the two-year foreign residency requirement.

Unfortunately, while they are residing in the United States, his marriage did not work out well. Eventually, he got divorced from his ex-wife in August 2018 in Vietnam. Prior to their divorce, our client changed his status from J-2 to J-1 (his J-1 program is not subject to the two-year foreign residency requirement). He wanted to file the waiver so that he can be petitioned for H-1B by his current employer.

Our client contacted our office and retained our firm to do his J-2 waiver on December 3, 2018. On December 7, 2018, the J-2 Waiver (DS-3035) 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 was divorced from the J-1 visa holder.  Eventually, on March 25, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on May 15, 2019.

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

NATIONALITY: Turkish                                                                                                        

LOCATION: Connecticut

Our client is from Turkey who came to the U.S. on a J-1 Visa in 2015 as a research scholar. In September 2018, she married U.S. citizen spouse. She wishes to apply for a waiver of the two year foreign residency requirement so that she can file her adjustment of status application along with her husband’s I-130 petition.  

She retained our office on September 26, 2018. Thereafter, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Turkish Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Turkish Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver and Turkish National ID.

On October 2, 2018, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Turkish Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client wants to adjust her status based on her marriage to U.S. citizen spouse.

Eventually, the Turkish Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On January 17, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On January 31, 2019, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese

LOCATION: Hartford, CT

Our client is from China who came to the U.S. on a B-2 visitor’s visa in December 2015. In July 2017, our client married her current U.S. citizen husband.  She retained our office for her green card application on August 17, 2017. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 31, 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 via conference calls. On August 1, 2018, our client was interviewed at the Hartford Connecticut USCIS office.  Eventually, on August 8, 2018, her green card application was approved. 

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CASE: I-130 (Petition for Mother) and I-485 Adjustment of Status

CLIENT: Filipina

LOCATION: New York, NY

Our client retained us to petition her mother for a green card. Our client was born and raised in the Philippines, but was naturalized in the United States. She contacted our office in late May of 2015 and discussed with us the green card process. After consultation, she retained our office on May 29, 2015.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 16, 2015 for her mother.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. Eventually, on November 18, 2015, without an interview, our client’s mother’s adjustment of status application was approved. Now, she is a green card holder.

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CASE: I-824 (Follow-to-join) based on approved I-140 and Consular Processing (Immigrant Visa)

CLIENT: Korean LPR Petitioner; Korean Beneficiary in South Korea

LOCATION: Petitioner: Connecticut; Beneficiary: Seoul, South Korea

Our client is a Lawful Permanent Resident who got his green card under the NIW category with our office’s legal assistance in 2014.  He has a wife, and our client and his wife married before his adjustment of status application was adjudicated. However, his wife was in South Korea when he got his green card due to her employment. She could have been a derivative applicant at the time of our client’s green card filing, but she was not in the United States at that time. Nevertheless, we explained to our client that we can do an I-824 filing and consular processing for his wife when she wants to permanently move to the United States.

In May 2014, he contacted our office to do an I-824 follow-to-join application to the USCIS so that his wife can file an immigrant visa and come as a derivative beneficiary of the I-140 petition. He retained our office on May 13, 2014 to help bring his wife to the States.

After we were retained, our office filed an I-824 follow-to-join application to the USCIS on May 19, 2014. After the I-824 was filed, everything went smoothly and the receipt notices came on time. The I-824 application was approved by the USCIS on June 19, 2014 and this case was transferred to the National Visa Center.

After the I-824 approval, we filed the immigrant visa packets to the National Visa Center on October 1, 2014, who in turn forwarded the client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the U.S. Embassy in Seoul. On February 27, 2015, our client’s wife appeared at the U.S. Embassy in Seoul, South Korea. The interview went well, and eventually, on the same day, the U.S. Embassy in Seoul, South Korea approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s wife can come to the United States. She will get her green card within two weeks.

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CASE: H-1B Visa Extension Petition

PETITIONER:  Taekwondo Academy in Hartford, CT

BENEFICIARY: Master Level Taekwondo Coach from South Korea

Our client is a Taekwondo Academy (martial arts school) located near Harford, Connecticut.  They contacted our office in late-October to seek legal assistance for their foreign employee’s H-1B extension.

The beneficiary obtained his Bachelor’s Degree in Physical Education. The proffered position for the Beneficiary is a Master Level Taekwondo Coach.  He has been working for the Petitioner for last three years with a valid H-1B visa. We argued that this position is a “specialty occupation” and that the minimum requirement for this position is a Bachelor’s Degree in Physical Education or its equivalent.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on November 8, 2013 via premium processing. However, the USCIS Vermont Service Center issued a Request for Evidence (RFE) on November 25, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in an 5-page response brief with 8 exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations. Furthermore, we included letters from experts to demonstrate that the bachelor’s degree is a minimum educational qualification for Taekwondo coach positions in the industry and illustrate the complexity of the position.

Our office filed the response to the USCIS Vermont Service Center on December 19, 2013. Our client’s H-1B application was approved on December 24, 2013. Now the Beneficiary can work for the Petitioner on an H-1B status until December 31, 2016

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