CASE: Marriage-Based Adjustment of Status (F-2A category)

CLIENT: Filipino

LOCATION: Philadelphia, PA

Our client came to the United States from the Philippines on a B-2 visitor’s visa in November 2020. He married a lawful permanent resident in January 2020 in the Philippines and came to the United States to visit his wife in 2020. However, with the COVID-19 pandemic situation, he changed his mind about going back to the Philippines and decided to stay and apply for adjustment of status. He retained our office for his green card application on March 4, 2021.  

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 16, 2021.  We could file both I-130 and I-485 applications simultaneously since the priority date for F-2A category was current at the time of the filing. 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 as well. On November 10, 2021, our client was interviewed at the Pennsylvania, PA USCIS office. Eventually, on the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian

LOCATION: Solon, OH 

Our client is from Nigeria who came to the U.S. on a F-1 student visa in August 2018. In April 2021, our client married his U.S. citizen wife.  He retained our office for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 11, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we prepared our client via conference calls. On November 15, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients. On the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Italian

LOCATION: Cleveland, OH 

Our client is from Italy who came to the U.S. on an H-1B visa to work as a physician. In March 2021, our client married his U.S. citizen wife.  He retained our office on May 7, 2021, for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 14, 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 via conference calls. On November 15, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients. On the same day of his interview, his green card application was approved.

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CASE: I-130/I-485

NATIONALITY: Filipina

LOCATION: Pittsburg, CA

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2018.  She came with her mother who entered on a J-1 Visa for her employment 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.

She turned 21 in July 2019.  She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without fulfilling the 2-year 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 July 2019.

Our firm was retained to do her J-2 waiver and on January 14, 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 June 1, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 15, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

Once her J-2 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 July 24, 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 through conference calls. On November 8, 2021, our client was interviewed at the San Francisco, CA 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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CASE: I-130/I-485

 NATIONALITY:  Iraqi

 LOCATION: Dearborn, MI

Our client came from Iraq as a J-1 scholar in 2014. His J-1 status made him subject to the two-year foreign residency requirement. Our client would like to file his adjustment of status application based on marriage; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under the No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship. Our client’s U.S. citizen son was experiencing exceptional medical hardships. 

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 extreme 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 he retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On February 13, 2020, 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 his U.S. citizen son’s medical conditions.  On February 17, 2020, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s son would experience exceptional hardship if our client needs to go back to Iran for two years.  Eventually, the USCIS approved his I-612 waiver on February 18, 2021. 

Once his J-1 waiver was approved, our client retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 6, 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 November 9, 2021, our client was interviewed at the Detroit Michigan USCIS office.  The interview went well, and eventually, on the same day of the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                         

LOCATION: Porum, OK 

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in October 2020. She has a US citizen husband and they got married in 2017. She came to the United States with his husband and two children for a temporary visit. They changed their mind and decided to stay in the United States. She retained our office on March 2, 2021, for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 24, 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 at our office via conference calls. On November 2, 2021, our client was interviewed at Oklahoma City, USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: India

LOCATION: Cleveland Heights, OH 

Our client is from India who came to the U.S. on an H-1B as a physician. In March 2021, our client married his U.S. citizen wife.  He retained our office on May 10, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 18, 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 via conference calls. On October 29, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney JP Sarmiento accompanied our clients as well. Eventually, on the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: India

LOCATION: Cleveland, OH 

Our client is from India who came to the U.S. on a F-1 student visa. In March 2021, our client married his U.S. citizen wife.  He retained our office on March 5, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 16, 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 via conference calls. On October 22, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients. On the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                         

LOCATION: Tujunga, CA 

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in October 2008. Since then, she has remained in the United States. In March 2016, our client married her U.S. citizen husband.  She retained our office on March 24, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 6, 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 via conference calls. On October 20, 2021, our client was interviewed at the Los Angeles, CA USCIS office. On October 21, 2021, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: India

LOCATION: Youngstown, OH 

Our client is from India who came to the U.S. on a B-2 visitor’s visa in December 2018. Since then, he has remained in the United States. In December 2019, our client married his U.S. citizen wife.  He retained our office on February 3, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on March 26, 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. On October 25, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney JP Sarmiento accompanied our clients. On October 26, 2021, his green card application was approved.

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