CASE: Marriage-Based Green Card / J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Russian

LOCATION: Virginia

Our client is a citizen of Russia who initially came to the U.S. on a J-2 Visa in February 1995. He came with his ex-wife who held a J-1 Visa as a visiting researcher. Both were subject to the two-year foreign residency requirement. Later, both of them started to work at International Governmental Organizations in the United States under G-4 visas. However, they were still subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and he eventually got divorced from his ex-wife. He remained in the United States and has continuously worked for his employer under the G-4 visa.

In September 2011, our client married his U.S. citizen wife. She wanted to file an I-130 petition for him, but he could not file for adjustment of status application because of the two-year foreign residency requirement.

He contacted our office, and our firm was retained to do his J-2 waiver on February 12, 2014.

On February 19, 2014 the J-2 Waiver 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 was divorced from the J-1 visa holder.

On March 17, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On April 1, 2014, the USCIS issued the I-612 waiver approval.

After he obtained the waiver of his 2 year foreign residency requirement, he 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 September 30, 2014. 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 May 5, 2015, our client was interviewed at the Fairfax, Virginia USCIS office. Eventually, on September 8, 2015, his green card was approved.

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CASE: Marriage-Based Green Card

CLIENT: Nigerian

LOCATION: New York

Our client came to the United States from Nigeria on an F-1 student visa in December 2009. She married a U.S. Citizen in May 2014 and retained our office on July 25, 2014 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 7, 2014.  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 March 19, 2015, our client was interviewed at the Holtsville, New York USCIS office. Eventually, on September 3, 2015, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Toledo, OH

Our client came to the United States from Ghana on a F-1 student visa in January 2013. He married a U.S. Citizen in April 2015 and retained our office on May 13, 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on May 27, 2015.  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 August 14, 2015, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on the same day of the interview, his green card application was approved.

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CASE: Adjustment of Status Based on Approved K-1 Petition
CLIENT: Indian
LOCATION: Ohio

Our client came to the United States in July 2014 as a K-1 visa entrant from India.  Our client is a beneficiary of an approved I-129F petition and came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of entry.  Under immigration law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.   

Our client contacted our office initially in the middle of August 2014 and consulted with us for her adjustment of status application process.  Once retained, our firm prepared and filed the I-485 Adjustment of Status Application on August 26, 2014.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an adjustment applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of marriage between the Petitioner and Beneficiary.  Fortunately, the USCIS did not ask for an adjustment interview for our client.  On August 12, 2015, her green card application was approved.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: South Carolina

Our client came from the Philippines on a J-1 in July 2008 to work as a teacher. According to 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 April 2011, 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 promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On September 21, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the South Carolina State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippine Government) were sent to the Philippine Embassy in D.C. for further authentication.  On November 20, 2012, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On June 29, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on August 12, 2015, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her I-485 adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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CASE: Derivative Adjustment of Status  (I-485) / Same-Sex Marriage

CLIENT: Filipino

LOCATION: Oregon

Our client came to the United States in November 2013 with a valid B-2 visitor’s visa from the Philippines. Later, in March 2014, he married his same-sex spouse in Washington where the same-sex couple’s marriage is legally recognized. His spouse is an H-1B visa holder.

As a family dependent of an H-1B visa holder, our client can change his status from B1 / B2 to H-4. Our firm was retained and on April 14, 2014, we filed our client’s I-539 with all supporting documents to the USCIS. There were no requests for evidence. On July 2, 2014, the Change of Status was approved.

In January 2015, our client contacted our office again for his I-485 adjustment of status application. His spouse had an approved EB-2 I-140 petition and filed his adjustment of status application. Thus, as a derivative beneficiary, our client would like to get legal assistance from us for his adjustment of status application.

Upon retention, our firm prepared and filed the I-485 Adjustment of Status Application on January 14, 2015.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

However, on May 5, 2015, the USCIS Nebraska Service Center issued a Request for Evidence for our client’s I-485 application and requested bona fide marriage documents from our client. On May 21, 2015, our office filed the Response to RFE with multiple documents showing the bona fide nature of his marriage to his spouse.

Eventually, on August 10, 2015, the USCIS approved our client’s adjustment of status application. Now, he is a green card holder.

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CASE: I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Kenyan
LOCATION: Chicago, IL (EOIR) / Durham, NC (USCIS)

Our client is from Kenya who came to the U.S. on a F-1 Student’s Visa in August 2007. While she was studying in the United States, she failed to maintain her F-1 status due to her family’s issues in Kenya. Because of her overstay, she was placed in removal proceedings in Chicago, IL.

Our client married her Lawful Permanent Resident (LPR) husband in September 2010 in Wisconsin. Soon after, they moved to the Raleigh, NC area.  Her husband filed an I-130 petition on behalf of her after they got married. Eventually, our client’s I-130 petition was approved in February 2012 after their I-130 interview at the USCIS Durham Field Office.  Our office represented our client since 2011 for her removal proceeding representations and I-130 interviews. Her individual hearing was scheduled on August 13, 2013 at the Chicago Immigration Court as well.

In June 2013, our office filed a written request to administratively close our client’s removal proceedings to the DHS Chicago Office.  In a written brief, our office fully explained that our client’s case is not DHS’s priority for deportation and explained that our client has an I-130 approval, no criminal records, has paid taxes, and has family ties in the United States.  Along with the written brief, our office attached an I-485 application and its supporting documents as well.

After review, the DHS counsel in Chicago was willing to terminate our client’s removal proceedings. The DHS counsel filed a Motion to Terminate on August 2, 2013 to the Chicago Immigration Court. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on August 12, 2013.

In 2015, her husband filed a naturalization application and became a U.S. citizen. On April 1, 2015, our client retained our office again for her I-485 adjustment of status application. Our firm prepared and filed the I-485 Adjustment of Status Application on May 11, 2015.  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 August 6, 2015, our client was interviewed at the Durham, North Carolina USCIS office. The interview went well, and on the same day, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Kenyan

LOCATION: Cleveland, OH

Our client came to the United States from Kenya on an F-1 student visa in August 2006. She married a U.S. Citizen in November 2013 and retained our office on April 1, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 17, 2015.  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 July 27, 2015, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on August 6, 2015, her green card application was approved.

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CASE: Joint Motion to Reopen and Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Moldovan

LOCATION: Philadelphia, PA; Baltimore, MD (DHS)

Our client is from Moldova who came to the U.S. on a J-1 visa in June 2009. She has remained in the United States past her authorized period of stay.  Later, she filed for asylum and withholding of removal in December 2009, but the Immigration Judge at the Baltimore Immigration Court denied all applications for relief.

She filed an appeal with the BIA, but in 2012, the Board affirmed the Immigration Judge’s findings and dismissed the appeal. She then proceeded to appeal her case at the Federal Circuit Court, but was denied.

Our client remained in the United States with the final order of removal.

She married her current U.S. citizen husband in February 2014. After she married her husband, they consulted our firm. They wish to know if she has any viable options for her immigration status.

After careful review, our office determined that we can file a Request to the DHS to join in a Motion to Reopen based on an I-130 approval (if the I-130 petition is approved) and Bo Cooper’s May 17, 2001 Memorandum. After consultation, our client retained our office.

Once retained, our office prepared and filed the I-130 petition. The I-130 petition was filed on July 3, 2014. Her I-130 petition was scheduled for an interview, and they appeared at the USCIS Philadelphia USCIS Field Office on February 12, 2015. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. The interview went well and the I-130 petition was subsequently approved by the USCIS on February 18. 2015.

Once the I-130 petition was approved, our office prepared and filed a Request to Join in a Motion to Reopen and Terminate to the Baltimore DHS office on March 19, 2015. Our office prepared an extensive brief along with multiple supporting documents to request a favorable exercise of DHS’s discretion on this case.

We argued that DHS should consider the following factors as set forth in Bo Cooper’s May 17, 2001 Memorandum: (1) whether adjustment of status was available at the prior hearing; (2) whether the alien is statutorily eligible for adjustment of status; and (3) whether the alien merits a favorable exercise of discretion. Bo Cooper, Motions to Reopen for Consideration of Adjustment of Status (May 17, 2001). In considering these factors, as delineated in William J. Howard’s October 24, 2005, Memorandum, “Where a motion to reopen for adjustment of status… is filed on behalf of an alien with substantial equities, no serious criminal or immigration violations, and who is legally eligible to be granted relief except that the motion is beyond the 90-day limitation contained in 8 C.F.R. § 1003.23, strongly consider exercising prosecutorial discretion and join in this motion to reopen to permit the alien to pursue such relief to the immigration court.” William J. Howard, Prosecutorial Discretion (October 24, 2005).

Our office argued that if our client’s case is reopened, she will be prima facie eligible to adjust her status. Our client has been living in the United States since 2009, has no criminal record, and has an approved I-130 petition based on her marriage to a U.S citizen spouse.

Eventually, the DHS office agreed to join in our Motion to Reopen and Terminate on June 1, 2015. The DHS filed the joint motion to the Board of Immigration Appeals (BIA), and the BIA issued a decision on July 30, 2015 and reopened and terminated our client’s case. Now, our client can file her adjustment of status application to the USCIS directly at any time.

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Australian

LOCATION: Columbus, Ohio

Our client contacted our office in early August of 2014 regarding her I-751 filing. She came to the United States from Australia after she married a U.S. Citizen (her ex-husband) in September 2011. Through her marriage, she was able to obtain a 2-year conditional green card in October of 2012. Thus, her conditional residency terminated in October 2014.

Before her 2 year green card expired, our client experienced a lot of difficulties in her marital life with his ex-husband. Unfortunately, their marriage ended in September 2013.  Thus, our client could not file a joint petition for her removal of condition.

Thus, she retained our office in August 2014 to file an I-751 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. We focused on the supporting documents that she can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.

On September 17, 2014, our office filed the I-751 application with various supporting documents (over 28 exhibits and an affidavit over 5 pages) to demonstrate our client’s bona fide marriage with her ex-husband.

In June 2015, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference call and informed her of potential issues at the interview. On July 28, 2015, our client was interviewed for her I-751 application at the USCIS Columbus, OH Field Office.  Eventually, the USCIS approved our client’s I-751 application on the same day. Now, she has her ten-year green card.

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