CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Somerton, AZ

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement. 

In April 2019, 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 April 18, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On November 26, 2019, 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 March 9, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 30, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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

NATIONALITY: Korean                                                                                                           

LOCATION: Columbia, MD

Our client is from South Korea who came to the U.S. on a J-1 Visa in August 2009. Later, she changed her status from J-1 to J-2 after she got married. Thereafter, she changed her status from J-2 to H-4 as her husband got his H-1B status. Prior to his H-1B filing, her husband got a J-1 visa waiver; thus, she thought she does not need her J-1 waiver to change her status. Her husband has an approved EB-1 I-140 petition. Our client and her husband would like to file their adjustment of status application; however, in order to file her adjustment of status, she needs a waiver. 

Our client contacted our office and retained our office on December 11, 2019 for her J-1 waiver case. Once retained, Attorney Sung Hee (Glen) Yu from our office promptly contacted the Korean Consulate General Office in Atlanta to pursue the waiver for our client.  The Consulate office requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On January 2, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust in the United States if he obtains the waiver.

The Korean Consulate General in Atlanta promptly forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On March 11, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, the USCIS has issued an I-612 approval notice on March 23, 2020.

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

NATIONALITY: Indonesian                                                                                                     

LOCATION: Van Buren, AR

Our client is from Indonesia who came to the U.S. on a J-1 Visa in February 2001.  He came to the U.S. for work training, but his J-1 program is subject to the two-year foreign resident requirement.  After his J-1 program was completed, he remained in the United States. In October 2019, our client married his U.S. Citizen wife. He is eligible to get a green card through his marriage to a U.S. citizen; however, before we file his I-130/I-485 application simultaneously, he has to get a waiver of his two-year foreign residency requirement. In order to get a waiver of his two-year foreign residency requirement, he consulted with our office and later decided to retain our office on November 6, 2019. 

Once retained, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office and our client promptly contacted the Indonesian Embassy in Washington D.C. to pursue the waiver for our client.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of valid Indonesian passport, and a copy of Form DS-3035 application.  

On November 19, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file marriage based adjustment of status. 

The Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On January 8, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice for our client’s waiver of two-year foreign residency program on February 26, 2020.  Now, our client can file his adjustment of status application along with I-130 petition.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Nigerian
LOCATION: Lithonia, GA 

Our client is from Nigeria who came to the U.S. on a J-1 Visa in October 2018 to pursue his student internship in New Mexico.  After he finished his J-1 program, he remained in the United States. In April 2018, our client married his current U.S. citizen wife. However, he will not be able to adjust his status unless he gets a waiver of the 2-year foreign residency program.  When he came to the United States in 2018, his program was subject to the 2-year foreign residency program. 

Thereafter, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Nigerian Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Nigerian 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, and a letter of reason for obtaining J-1 waiver.  

On April 18, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Nigerian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on his marriage to U.S. citizen spouse. 

Eventually, the Nigerian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On June 28, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On July 30, 2019, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. 

Once his J-1 waiver was approved, he retained our office on July 31, 2019 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 19, 2019.  Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared our client via conference calls. On January 21, 2020, our client was interviewed at the Atlanta, Georgia USCIS Field Office. Eventually, on January 24, 2020, his green card application was approved. 

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Cherry Hill, NJ

Our client came from the Philippines on a J-1 in January 2018 as an exchange student. 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 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 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 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.  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 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. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Bell, CA

Our client came from the Philippines on a J-1 in September 2016 to work as a teacher. 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 April 2019, 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 June 25, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 10, 2019, 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 December 9, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on December 19, 2019, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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

NATIONALITY: Korean                                                                                                           

LOCATION: Schaumburg IL

Our client is from South Korea who came to the U.S. on a J-1 Visa in February 2018.  Later, he married his current U.S. citizen wife and filed an adjustment of status application. At the time of his adjustment of status application filing, he did not know that he needed to get a waiver for his two-year foreign residency requirement.  After he found out that he needed a waiver for his adjustment of status case, he contacted our office. 

He retained our office on August 9, 2018 for his J-1 waiver case. Once retained, Attorney Sung Hee (Glen) Yu from our office promptly contacted the Korean Consulate General Office in Chicago to pursue the waiver for our client.  The Consulate office requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On August 14, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust in the United States if he obtains the waiver.

The Korean Consulate General in Chicago promptly forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On October 24, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, the USCIS has issued an I-612 approval notice on November 15, 2019. 

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Williston, ND

Our client came to the United States as a J-1 exchange visa holder to work as s speech language pathologist. His current U.S. employer filed an I-140 petition in 2018 for him and this petition was approved by the USCIS. Our client and his family members filed their adjustment of status application in December 2018. However, it was not clear whether his program was subject to the two-year foreign residency requirement. His J-1 visa page clearly states that he is not subject to the requirement; though his wife’s J-2 visa page states that she is subject to the requirement. In order to clarify it, our office filed an advisory opinion request to the Department of State in January 2019. The DOS responded that our client is subject to the 2-year foreign residency requirement. 

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. Our client needs a waiver and sought for our legal assistance on this matter. 

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 May 9, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the North Dakota State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On May 22, 2019, 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 the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on October 31, 2019, the USCIS issued an I-612 approval notice for the waiver.

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

NATIONALITY: Korean

LOCATION: Cleveland, OH

Our client is from South Korea who came to the U.S. on a J-1 Visa in 2018 to work as a researcher. His J-1 program made him subject to the two-year foreign residence requirement. He retained our office to seek legal assistance for his I-140 (National Interest Waiver Classification) and I-485 Adjustment of Status applications. Before we can file his I-485 application, he had to get a waiver of his two-year foreign residency requirement first.  

Once retained, our office promptly prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Chicago to pursue the waiver for our client.  The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On August 23, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file a National Interest Waiver petition and adjustment of status application.

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On October 4, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on October 11, 2019, the USCIS issued I-612 approval notice and waived our client’s 2 year foreign residency requirement.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Espanola, NM

Our client came from the Philippines on a J-1 visa in September 2015 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement. 

In June 2017, 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 December 3, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the New Mexico State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Houston for further authentication.  On June 12, 2019, 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 September 24, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 26, 2019, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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