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

NATIONALITY: Pakistani

LOCATION: Tallahassee, FL

Our client is a citizen of Pakistan who came to the U.S. on a J-2 Visa in August 2009.  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 2020.  By getting a waiver, she would have the ability to be petitioned for H-1B status by his 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 October 2020.  

Our firm was retained to do his J-2 waiver, and on April 21, 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 May 27, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 28, 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: 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: Moroccan

LOCATION: Doral, FL

Our client contacted us in March 2021 to seek legal representation for his application. He came to the United States from Morocco and obtained his green card in August 2018 through his marriage to his US Citizen spouse. 

His N-400 application was filed on July 26, 2021 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On April 4, 2022, our client appeared at the Hialeah, FL USCIS office for his naturalization interview. Our client answered all questions correctly and passed his interview. On April 5, 2022, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Jamaican

LOCATION: Davenport, FL

Our client came to the United States from Jamaica on a J-2 visa in August 2016. She married a U.S. Citizen in November 2019 and retained our office on April 15, 2021 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 3, 2021. Everything went smoothly and the receipt notices, fingerprint appointment, and employment authorization documents all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On February 10, 2022, our client was interviewed at the Tampa, Florida USCIS office. On February 11, 2022, our client’s green card application was approved.

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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.

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CASE: EB-3 (I-140 / Skilled Worker)    
EMPLOYER: Seafood & Steak Restaurant
BENEFICIARY: Canadian
LOCATION: Naples, FL

Our client is a Seafood & Steak restaurant in Naples, FL. They have a prospective employee from Canada and the are willing to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Mediterranean Specialty Cook. After talking to our client, our firm concluded that they can petition him as a Mediterranean Specialty Cook. Our client eventually retained us on March 3, 2020. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On March 18, 2020, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on August 19, 2020.  On November 20, 2020, we promptly filed PERM.  Eventually, on May 27, 2021, the PERM Labor Certification was approved – an EB3 position for the Canadian beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on August 19, 2021 via premium processing service. Eventually, on August 31, 2021, the I-140 EB3 Petition for our Canadian client was approved without any Request for Evidence (RFE). He can file an immigrant visa at any time.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                         

LOCATION: Jacksonville, FL 

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in November 2019. She has remained in the United State since then. In March 2020, our client married her U.S. citizen husband.  She retained our office on May 6, 2020 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485Adjustment of Status Application on June 5, 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 at our office via conference calls. On August 4, 2021, our client was interviewed at the Jacksonville, FL USCIS office. On the same day of her interview, her green card application was approved.

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CASE: PERM Labor Certification    
EMPLOYER: Seafood & Steak Restaurant
BENEFICIARY: Canadian
LOCATION: Naples, FL

Our client is a Seafood & Steak restaurant in Naples, FL. They had a prospective employee from Canada and they were willing to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Mediterranean Specialty Cook. We were retained on March 3, 2020. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On March 18, 2020, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on August 19, 2020.  On November 20, 2020, we promptly filed PERM.  Eventually, on May 27, 2021, the PERM Labor Certification was approved – an EB3 position for the Canadian beneficiary. Now our client can file the I-140 petition.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Tampa, FL

Our client came to the United States from the Philippines on a B-2 visitor’s visa in January 2011. She overstayed and remained in the US.  She married a U.S. Citizen in September 2019 and retained our office for her green card application on December 23, 2019.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 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 as well. On December 22, 2020, our client was interviewed at the Tampa, Florida USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: St. Petersburg, FL

Our client contacted our office in June of 2018 regarding her I-751 application.  She is from the Philippines and she married a U.S. citizen in November 2016. Through her marriage with a U.S. citizen spouse, she obtained her 2-year conditional green card in February of 2018. Therefore, her conditional residency terminated in February 2020. 

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They started living separately and their divorce proceedings were initiated. Thus, our client could not proceed with an I-751 joint filing with her ex-husband. We advised that we can help her file an I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On July 16, 2018, our office filed the I-751 application with various supporting documents (numerous exhibits and an affidavit over 3 pages) to demonstrate our client’s bona fide marriage with her ex-husband. 

In July 2020, the USCIS issued a Request for Evidence (RFE) for our client and requested her to submit a finalized divorce decree and more bona fide marital evidence with her ex-husband. Our office prepared and filed the Response to RFE on September 4, 2020.  Eventually, the USCIS approved her I-751 application on December 14, 2020. Now, she has her ten-year green card.

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