CASE: Adjustment of Status at Removal Proceeding
CLIENT: Nigerian
LOCATION: Newark, NJ

Our client came to the United States in 2004 with a F-1 student visa from Nigeria. He failed to maintain his status and was placed in removal proceedings. He missed his hearing and got an In Absentia order of removal. In November 2015, he retained our office for his Motion to Reopen in Absentia. Our office filed the Motion to Reopen on November 13, 2015. In December 2015, the Houston Immigration Court reopened our client’s case. 

He married a U.S. Citizen in August 2015.  Our client’s wife filed an I-130 petition on his behalf, and this I-130 petition was approved by in August 2016. Once the I-130 petition is approved, our client retained our office again for the representation in his removal proceedings.

Upon retention, office prepared and filed the Motion to Change Venue and the venue was changed from Houston, TX to Newark, NJ.  His case was scheduled to the immigration judge’s docket and our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the Newark Immigration Court.

On April 21, 2022, Attorney Sung Hee (Glen) Yu represented our client at his Individual Hearing for adjustment of status at the Newark Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status.  Our client’s removal proceeding was terminated simultaneously. Now, our client is a green card holder.    

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

NATIONALITY: Chinese

LOCATION: Jersey City, NJ

Our client  is a citizen of China who came to the U.S. on a J-2 Visa in January 2014.  He came with his 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.

He turned 21 in March 2019.  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 fulfilling the 2-year rule 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 March 2019.  

Our firm was retained to do his J-2 waiver and on November 9, 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 March 18, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On April 15, 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: Filipina

LOCATION: Jersey City, NJ

Our client contacted us in November 2020 to seek legal representation for her naturalization. She came to the United States from the Philippines and obtained her green card in December 2017 through her marriage to her US Citizen spouse. 

We filed her N-400 application on November 24, 2020 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On November 18, 2021, our client appeared at the Newark, NJ USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On  January 11, 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: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Korean

LOCATION: Jersey City, NJ

Our client was a citizen of South Korea who came to the U.S. on a J-2 Visa in June 2003.  He came with his father who came on a J-1 Visa for his research program 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.

He turned 21 in October 2007.  He plans to file his adjustment of status. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without fulfilling the requirement or obtaining 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 October 2007.

Our firm was retained to do his J-2 waiver, and on July 1, 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 September 13, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 28, 2021, 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: Weehawken, NJ

Our client was a citizen of China who came to the U.S. on a J-2 Visa in June 2002.  He came with his father who came on a J-1 Visa for his research program 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.

He turned 21 in May 2014. He would like to get a waiver because his employer would like to petition him H-1B. 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 May 2014.

Our firm was retained to do his J-2 waiver, and on March 31, 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 June 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 2021, 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: Piscataway, NJ

Our client as a citizen of China (became a Canadian citizen) who came to the U.S. on a J-2 Visa in February 2010.  He came with his mother who was on a J-1 Visa for her research program 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.

He turned 21 in September 2016. He would like to get a waiver because he has a U.S. citizen spouse who can file an I-130 petition for him. He can file an adjustment of status application along with his wife’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 September 2016.

Our firm was retained to do his J-2 waiver, and on December 11, 2020, 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 7, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On June 11, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

NATIONALITY: Kenyan                                                                                                        

LOCATION: Somerset, NJ

Our client is from Kenya who came to the U.S. on a J-1 Visa in June 2019 to work as a camp counselor.  After she finished her J-1 program, she remained in the United States. In October 2020, our client married her current U.S. Citizen husband.  However, she was subject to the 2-year foreign residency requirement. She had to get a waiver first. 

She retained our office on November 2, 2020. Thereafter, our office prepared a waiver request through the No Objection Statement (NOS) from the Kenyan Embassy. Every country’s Embassy maintains different procedures on the J-1 No Objection Statement waiver.  Our office contacted the Kenyan Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver, the clearance letter from J-1 program sponsor, Clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining the J-1 waiver.  

On November 10, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Kenyan Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on her marriage to her spouse. 

Eventually, the Kenyan Embassy issued a No Objection Statement for our client and sent this letter to the State Department’s Waiver Review Division.  On February 25, 2021, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On March 16, 2021, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file an I-485 adjustment of status application along with her husband’s I-130 petition.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Kenyan
LOCATION: Somerset, NJ

Our client contacted our office in May of 2018 regarding I-751 application.  She is from Kenya and she married a U.S. citizen in June 2015. Through her marriage, she obtained a 2-year conditional green card in October of 2016. Her conditional residency terminated in October 2018. 

Unfortunately, during their marriage, our client and her ex-husband went through struggles. Therefore, they started to live separately and their divorce proceeding was initiated. Thus, our client could not proceed with the I-751 joint filing with her ex-husband. So 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 June 7, 2018, our office filed the I-751 application with various supporting documents (over 30 exhibits and an affidavit over 6 pages) to demonstrate our client’s bona fide marriage with her ex-husband). 

In July 2019, the USCIS issued a Request for Evidence (RFE), requesting more bona fide marital evidence with her ex-husband. Our office prepared and filed the Response to RFE on July 15, 2019.  

In January 2021, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference calls about potential issues at the interview. On February 24, 2021, our client was interviewed for her I-751 application at the USCIS Mount Laurel, NJ Field Office. The interview was very extensive and the officer questioned her a lot about the nature of her marriage with her ex-husband.  Nevertheless, the USCIS approved her I-751 application on February 25, 2021. Now, she has her ten-year green card.

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CASE: I-751

APPLICANT: Korean

LOCATION: Hackensack, NJ

Our client contacted our office in March 2020 regarding her I-751 application.

She is from South Korea and she married a U.S. citizen in June 2017. Through her marriage, she obtained a 2-year conditional green card in May 2018.  Her conditional residency terminated in May 2020.

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 March 30, 2020, and our office prepared an I-751 application for our client with supporting documents.

On April 6, 2020, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. 

Eventually, on December 3, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE: Marriage Based Green Card (I-130 / I-485)

NATIONALITY: Philippines

LOCATION: Cherry Hill, NJ

Our client came from the Philippines on a J-1 in January 2018 as an exchange student. Based on her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States. 

In December 2018, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine EVP in the Philippines.

On January 30, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 11, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  They granted a No Objection Statement. 

On December 18, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on January 13, 2020, the USCIS issued an I-612 approval notice for the waiver. 

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 30, 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 through conference calls. On October 8, 2020, our client was interviewed at the Mount Laurel, NJ USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

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