CASE:I-130/I-485

NATIONALITY: Philippines

LOCATION: Hillsboro, WI

Our client came to the U.S. as a J-1 teacher. She was subject to the two-year foreign residency requirement. Our client would like to file her adjustment of status application along with her U.S. Citizen husband’s I-130 petition; however, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue her waiver under the No Objection Statement or Interest Government Agency (IGA). Our client though would like to pursue her J-1 waiver based on the exceptional hardship standard. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After she retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On April 26, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support of our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen husband’s medical conditions.  On May 9, 2019, our office filed the I-612 application to the USCIS. 

The USCIS issued a Request for Evidence (RFE) on March 16, 2020. Our office prepared the Response to RFE and filed it to the USCIS on May 22, 2020. Eventually, the USCIS approved his I-612 waiver on December 8, 2020. 

Once her J-1 waiver was approved, our client retained our office again for her and her son’s adjustment of status applications. Our firm prepared and filed the I-130 Petitions and I-485 Adjustment of Status Applications on January 19, 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 April 7, 2022, our clients were at the Minneapolis, MN USCIS office.  The interview went well, and eventually, on the same day of the interview, the green card applications were approved.

{ 0 comments }

CASE: Marriage-Based Green Card 

CLIENT: Filipino

LOCATION: Kenosha, WI

Our client came to the United States from the Philippines with a B-2 visitor’s visa. He married his current wife, who was a green card holder, in June 2016.  After the marriage, his wife filed an I-130 petition on behalf of our client in November 2016. This I-130 petition was approved in March 2018. While this I-130 petition was pending, our client overstayed his B-2 authorized stay period. Nevertheless, his wife became a naturalized U.S. citizen in August 2019.

Our client retained our office for his I-485 adjustment of status application. Our office prepared and filed an I-485 adjustment of status application, together with all necessary supporting documents on September 25, 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 via conference calls. On February 12, 2020, our client was interviewed at the Milwaukee, WI USCIS office. Eventually, on the same day, his green card application was approved.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Wisconsin

Our client contacted us in December 2017 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and she obtained her green card in April 2014 through her current marriage to her US Citizen Spouse.

Once retained, her N-400 application was filed on December 20, 2017 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On January 7, 2019, our client appeared at the Milwaukee, Wisconsin USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on January 17, 2019. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

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

NATIONALITY: Chinese

LOCATION: Madison, WI

Our client is a citizen of China who came to the U.S. on a J-2 Visa in 2013.  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 March 2018. He would like to get a waiver because he has a prospective employer who will file the H-1B petition for me next year. 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 March 2018.

Our firm was retained to do his J-2 waiver, and on August 16, 2018, 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 4, 2018, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On September 26, 2018, the USCIS issued an I-612 approval notice for our client’s waiver request.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status
CLIENT: Malaysian
LOCATION: Milwaukee, WI

Our client came to the United States in December 1996 with a J-1 Exchange Visitor visa from Malaysia. Although her J-1 program ended in 1999, she stayed in the United States since then.  She got a waiver of the two- year foreign residency requirement. She married her U.S. Citizen husband in September 2007 and she retained our office in the middle of September 2011 for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 30, 2011. 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. On March 8, 2012, our client was interviewed at the Milwaukee, Wisconsin USCIS office.  Her green card application was approved on the same day.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other marriage-based green card success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }

CASE: Change of Status from H-1B to H-4

CLIENT: Indian

LOCATION: Milwaukee, Wisconsin

Our client has been on H-1B status for two years and held his specialty occupation position. However, his H-1B status expired on September 10, 2010.  Before his H-1B status was expired, our client married his girlfriend who was an H-1B visa holder in the United States living in Cleveland Ohio.  As a family dependent of H-1B visa holder, our client has a chance to change his status from H-1B to H-4 before his H-1B is expired. Our firm was retained and we helped the client obtain supporting documents for the Change of Status before his H-1B was expired. On September 2, 2010, our firm promptly filed the client’s I-539 with detailed exhibits to USCIS Texas Service Center.  On November 24, 2010, the Change of Status was approved. Our client is now on H-4 and can maintain his lawful stay in the United States.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

{ Comments on this entry are closed }