CASE: Marriage-Based Adjustment of Status

CLIENT: Korean

LOCATION: Mclean, VA

Our client came to the United States from South Korea on a F-1 student visa. She married a U.S. Citizen in February 2021 and retained our office on March 17, 2021 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 29, 2021. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On January 29, 2022, our client was interviewed at the Fairfax, VA USCIS office. On the same day of the interview, our client’s green card application was approved.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Haitian

LOCATION: Chantilly, VA

Our client came to the United States with a B-2 visitor’s visa from Haiti in December 2020. He married a U.S. Citizen and retained our office for his petition and adjustment of status application. He also asked us to file his daughter’s (Petitioner’s step-daughter) adjustment of status application.

Our firm prepared and filed the I-130 petition and I-485 adjustment of status application on March 23, 2021. 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 January 21, 2022, our clients were interviewed at the Fairfax, VA USCIS office. On January 31, 2022, our client and his daughter’s green card applications were approved.

{ 0 comments }

CASE: I-130 (Petitions for Parent) and Adjustment of Status
CLIENT: Kenyan
LOCATION: Arlington, VA

Our client retained us to petition for his father who came to the U.S. from Kenya. Our client is US citizen by birth and his father came to the United States in 2003 as a G-4 visa holder. He contacted our office in January of 2021 and discussed with us a possible I-130 petition and I-485 Adjustment of Status application for his father. He retained our office on January 31, 2021. 

Our firm prepared and filed the I-130 Immigrant Visa Petition and I-485 Adjustment of Status Application on March 4, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On October 12, 2021, the USCIS approved our client’s father’s adjustment of status application.

{ 0 comments }

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

NATIONALITY: Turkish                                                                                                        

LOCATION: Norfolk, VA

Our client is from Turkey who came to the U.S. on a J-1 Visa in August 2016 as an exchange student. In October 2019, she married her U.S. citizen spouse. She wished 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 January 13, 2020. Thereafter, our office promptly prepared the 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.  

On February 5, 2020, 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 her U.S. citizen spouse. 

Eventually, the Turkish Embassy issued a No Objection Statement for our client. They then sent this letter to the State Department’s Waiver Review Division.  On June 15, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On July 13, 2020, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement.

{ 0 comments }

CASE: I-130 (Petitions for Parent) and Adjustment of Status

CLIENT: Filipina

LOCATION: Arlington, VA

In 2017, our client retained us to petition her mother. Our client was born and raised in the Philippines, but was naturalized in the United States.  Upon retention, our firm prepared and filed the I-130 petition for her mother on January 9, 2017. Eventually, the I-130 petition was approved in December 2017. 

Our client’ mother works for an international organization on a G-4 visa. With frequent international work-related travel, she could not proceed with her adjustment of status application. In early 2019, she contacted our office again for the preparation and filing of her adjustment of status. Our office filed her I-485 adjustment of status application on February 19, 2019. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on August 2, 2019, our client’s mother’s adjustment of status applications was approved.  

{ 0 comments }

CASE: I-485 (Adjustment of Status) / I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Virginia

Our client contacted us in October 2016 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea and he is an exceptional researcher and scientist in the field of urban forestry and urban ecosystem research.

Our client’s significant contributions have placed him at the pinnacle of his field. He has identified innovative solutions for improving energy conservation in dense urban areas. Specifically, our client is making significant contribution in the area of urban forestry for energy conservation and other ecosystem services. His research is revealing and identifying how trees influence local climate and can decrease building energy consumption which has important implications for city, state, federal policies across the United States.

Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id.

Our office prepared a 24-page brief for our client’s NIW filing. Our client also obtained 11 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. His NIW application contained 43 exhibits (Exhibit A to QQ).

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on January 26, 2017. Eventually, on September 27, 2017, the USCIS approved his I-140 petition without any Requests for Evidence.  

When we filed his I-140, he concurrently filed his I-485 adjustment of status application. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Prior to the interview, we thoroughly prepared our client via conference calls. On January 9, 2018, our client was interviewed at Norfolk, Virginia USCIS office. The interview went well, and the officer recommended his case for approval.  

However, without any reasons, our client’s case remained pending after his interview. Our office sent multiple follow-up letters to USCIS Norfolk Field Office and made multiple inquiries to the USCIS. Our client also visited the field office with the Infopass. None of us did hear any reasons for the delay. Our client even contacted Senator Tim Kane’s office for help.

In August 2018, our client and his wife received the Request for Evidence (RFE) from the USCIS to submit updated I-693 vaccination records. Our client received new physical exams and responded to his RFE. His case was transferred to the USCIS Texas Service Center and in February 2019, his case was transferred to the USCIS National Benefits Center.

Nevertheless, our client and his wife’s adjustment of status applications were approved on March 15, 2019. Now, he becomes a green card holder after the long wait.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Fairfax, VA

Our client came to the United States from Ghana on a F-1 student visa to pursue her Master’s degree in the United States. She married a U.S. Citizen in April 2016 in Ohio and they have lived together in Ohio until August 2017.  In August 2017, our client started her new job in Washington DC so she had to move to DC area. However, her husband was still in school, so he had to stay in Ohio. Nevertheless, our client maintained her bona fide marital relationship with her husband.

She retained our office on May 4, 2018 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on June 12, 2018.  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 January 8, 2019, our client was interviewed at Fairfax, Virginia USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Our client’s interview was very intense and the USCIS officer separated our client and her husband during the interview. Nevertheless, the couple was able to answer a majority of the questions in the two-hour interview.

Nonetheless, the USCIS office issued Request for Evidence on January 9, 2019 regarding our client’s husband’s child-support documents and school records. Our office filed the Response for RFE on January 28, 2019.  Eventually, on March 4, 2019, her green card application was approved.

{ 0 comments }

CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition

Our client is a South Korean citizen who married her US Citizen husband in October 2017 in Seoul, South Korea. Our client’s husband would like to file an I-130 petition for our client. They contacted and retained our office on October 3, 2017.

Once retained, our office prepared and filed the I-130 petition for our client to the USCIS on October 30, 2017. After the I-130 petition was filed, everything went smoothly, there were no requests for evidence, and the receipt notice came on time. The I-130 Petition was approved on May 15, 2018.

Then, we filed the immigrant visa packets to the National Visa Center on August 22, 2018, who in turn forwarded our 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, and we prepared her for the interview. On October 22, 2018, the interview was conducted.  The interview went well and after the interview, the U.S. Embassy in Seoul, South Korea approved and issued her immigrant visa.

With the approved Immigrant Visa, our client can come to the United States immediately, and she will get her green card within two months of entry.

{ 0 comments }

CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition

Our client is a professor in South Korea and he used to be a permanent resident of the U.S. He abandoned his permanent residency in 1993 when he got a tenured professorship in South Korea. Later, his wife became a naturalized U.S. citizen and she wanted to file an I-130 petition for our client. Our client contacted and retained our office on August 31, 2017.

Once retained, our office prepared and filed the I-130 petition for our client to the USCIS on September 12, 2017. After the I-130 petition was filed, everything went smoothly, there were no requests for evidence, and the receipt notice came on time. The I-130 Petition was approved on April 16, 2018.

Then, we filed the immigrant visa packets to the National Visa Center on July 9, 2018, who in turn forwarded our 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, and we prepared him for the interview. On September 10, 2018, the interview was conducted.  The interview went well and after the interview, the U.S. Embassy in Seoul, South Korea approved and issued his immigrant visa.

With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

{ 0 comments }

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

CLIENT: Malaysian

LOCATION: Fairfax, VA

Our client retained us to petition her father for his green card. Our client was born and raised in Malaysia, but was naturalized in the United States in June 2017. She contacted our office in July of 2017 and discussed with us the green card process. Her father came to the United States from Malaysia on a G-4 visa in September 2016. After consultation, he retained our office again on July 21, 2017.

Once retained, our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 27, 2017 for her father.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On August 15, 2018, our client appeared at his I-485 adjustment of status interview at Fairfax, VA USCIS Field Office. Prior to the interview, our office prepared him via conference call. Eventually, on August 22, 2018, our client’s father’s adjustment of status application was approved. Now, he is a green card holder.

{ 0 comments }