CASE: Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: British
LOCATION: Applicant (Dallas, TX area), EOIR (Los Angeles, CA)

Our client is from the United Kingdom who came to the U.S. on a visa waiver visitor in 2002. Soon after her entrance to the U.S., she filed for asylum in the United States.  However, her asylum application was denied by the immigration judge at the Los Angeles Immigration Court in October 2003. She appealed the Immigration Judge’s decision to the Board of Immigration Appeals and the BIA remanded her case to the Immigration Court in July 2009. Her case was administratively closed by the immigration judge in August 2014.  

Our client married her U.S. citizen husband in December 2013. In August 2014, her husband filed an I-130 petition for her, and this petition was approved in November 2016. In January 2017, she contacted our office to seek legal assistance for the representation of her removal proceedings, termination of removal proceedings, and her adjustment of status application with the USCIS.

In October 9, 2017, our office filed a request to Motion to Re-Calendar and terminate proceedings with an attached I-485 application and its supporting documents to the Los Angeles Immigration Court. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on October 17, 2017. Now, she can file his I-485 adjustment of status application to USCIS to obtain her green card.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Vietnamese

LOCATION: New York, NY

Our client contacted us in February 2017 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Vietnam and obtained her green card in May 2012.

After retention, her N-400 application was filed on March 1, 2017 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On November 1, 2017, our client appeared at the New York, NY 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 November 6, 2017. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Adjustment of Status / J-1 Hardship Waiver

NATIONALITY:  Kenyan

LOCATION: Maryland

Our client came from Kenya in February 1993 on a valid J-1 visa.  He got his J-1 status as a research scholar and received government funding for his research.  His J-1 status made him subject to the two-year foreign residency requirement. Once his J-1 program was completed, he remained in the United States. Later, he married his current U.S. citizen wife and became a father of two U.S. citizen children. Our client would like to file his adjustment of status application along with his wife’s I-130 petition; 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 No Objection Statement or Interest Government Agency (IGA). As mentioned above, 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 standard. In fact, our client’s U.S. citizen wife is 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 December 17, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for 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 wife’s medical conditions.  On December 18, 2015, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s wife would experience exceptional hardship if our client needs to go back to Kenya for two years.

However, on May 11, 2016, the USCIS issued a Request for Evidence (RFE) for our client’s I-612 case. The USCIS asked our client to submit more evidence to demonstrate the extreme hardship to his U.S. citizen wife if he has to go back to Kenya for 2 years.  On August 2, 2016, our office filed the Response to RFE to USCIS along with additional documents to support the claim of financial and medical hardship including income and expenses, plus more recent medical documents of his U.S. citizen wife evidencing the hardship. Eventually, the USCIS approved his I-612 waiver on October 26, 2016.

Once his J-1 waiver was approved, our client retained our office again for his green card application. Our firm prepared and filed I-130 petition and I-485 adjustment of status application on December 6, 2016. 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 the conference calls. On July 25, 2017, our client was interviewed at the Baltimore, MD USCIS office.

However, on August 4, 2017, the USCIS issued the Request for Evidence for our client after the interview. The USCIS requested our client to submit the certified court disposition of his previous criminal record. Our client submitted the record to the USCIS on October 19, 2017.

Eventually, on November 2, 2017, his green card application was approved.  

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CASE: Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Daughter; Chinese Beneficiary Mother in China

LOCATION: Petitioner: Cleveland, OH; Beneficiary: China

IV APPROVED: October 30, 2017

Our client retained us to bring her mother over from China. She was born and raised in China, but was naturalized in the United States. She retained our office in December 2014, and our office prepared and filed the I-130 petition for her mother on December 5, 2014. This I-130 Petition was approved by the USCIS on April 7, 2015. Once the I-130 petition was approved, we then started the immigrant visa processing phase of trying to get her mother over to the United States.

On May 11, 2016, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate General in Guangzhou, China. An interview notice was set for our client’s mother at the U.S. Consulate General in Guangzhou, China, and we prepared her for her interview.  She did her interview in July 2016, but her case was remained pending until October 2017. On October 30, 2017, she did appear at her second immigrant visa interview.  Eventually, on October 30, 2017, the U.S. Consulate General in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Algerian
LOCATION: North Carolina

Our client is from Algeria who came to the U.S. on a F-1 Student Visa in 2010. After he graduated, he overstayed his status. Because of his overstay, he was placed in removal proceedings in Charlotte, NC. His case was administratively closed in August 2014.  

Our client married her U.S. citizen wife in August 2016 in North Carolina. In December 2016, he contacted our office to seek legal assistance for his I-130 petition, representation of his removal proceedings, termination of removal proceedings, and his adjustment of status application with the USCIS.

After we were retained, our office prepared and filed the I-130 petition for our client and filed it to the USCIS on February 27, 2017. This I-130 petition was approved by the USCIS on July 31, 2017 without an interview. Then, our office filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents. The DHS counsel in Charlotte, NC agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on September 21, 2017. Now, he can file his I-485 adjustment of status application to the USCIS to obtain his green card.

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Denver, CO

Our client contacted us in July 2014 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 genetic engineering and apoptosis.

Our client’s significant contributions have placed him at the pinnacle of his field. Throughout his research career, he has made critical research contributions in programmed cell death where he used genetic analysis in the round worm to gain important insights into human cancer. Our client has devoted himself to research in the aforementioned fields for more than 15 years and his outstanding research were highly evaluated by reviewers of various journals and by colleagues and experts in the field.  Moreover, our client’s research works were published in one of the top academic journals in the world. His outstanding works were published in journals such as Science, Nature, and Proceedings of the National Academy of Sciences.

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. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications. (When we filed this case, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) was not issued yet. Thus, we still filed our client’s NIW under NYSDOT standard.)

Our office prepared a 20-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 33 exhibits (Exhibit A to GG).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on November 16, 2016. Eventually, on October 25, 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. His adjustment of status application will be approved soon as well.

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CASE: PERM Labor Certification    
EMPLOYER: Taekwondo (Martial Arts) School
BENEFICIARY: Korean
LOCATION: Ohio

Our client is a former Taekwondo athlete who currently studies in the United States. He has a Taekwondo school who was willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s degree in a related field. After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Coach.  Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 27, 2016.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On January 6, 2017, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on March 29, 2017.  On July 18, 2017, we promptly filed PERM.  Eventually, on November 1, 2017, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary. Now our client can file the I-140 petition.

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CASE: I-130 / I-485 Adjustment of Status

NATIONALITY:  Filipina

LOCATION: Montana

Our client came from the Philippines on a J-1 in September 2014 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement.

In August 2016, 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 7, 2016, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana 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 March 23, 2017, 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 22, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on July 6, 2017, the USCIS issued an I-612 approval notice for the waiver.

Once her J-1 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 Adjustment of Status Application on July 28, 2017.  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 2, 2017, our client was interviewed at the Helena, Montana 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 Adjustment of Status

NATIONALITY:  Filipina

LOCATION: Seattle, WA

Our client came from the Philippines on a J-1 visa in 2008.  She got her J-1 as a recipient of a Fulbright Scholarship in the United States and her J-1 status made her subject to the two-year foreign residency requirement. Later, she changed her status from J-1 to F-1 and maintained her non-immigrant visa status.

In 2012, she married her U.S. citizen husband. She would like to file her adjustment of status application along with her husband’s I-130 petition, however, due to her two-year foreign residency requirement, she had to get a waiver or fulfill the requirement before she files an adjustment of status application.  

Unlike our other J-1 clients, our client could not pursue her waiver under No Objection Statement or Interest Government Agency (IGA). Our client also received government funding (Fulbright Scholarship) for her research programs which made her case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue her J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen husband is 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 she retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On September 10, 2015 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for 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 September 24, 2015, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s husband would experience exceptional hardship if our client needs to go back to the Philippines for two years.

Eventually, the USCIS approved her I-612 waiver on December 15, 2016.

Once her J-1 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 Adjustment of Status Application on January 4, 2017.  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 October 26, 2017, our client was interviewed at the Seattle, Washington 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: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY: Indonesian

LOCATION: Ohio

Our Indonesian client came to the U.S. on a J-1 Visa in May 2016.  She came to the U.S. for an internship, and her J-1 visa made her subject to the two-year foreign resident requirement.  In March 2017 our client married his U.S. Citizen husband and she wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office contacted the Indonesian Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of her valid Indonesian passport, and a copy of Form DS-3035.

On March 22, 2017, 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 would have been eligible to file a marriage based adjustment of status application but for the waiver.

The Indonesian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 7, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on October 20, 2017. Now that our client’s two-year foreign residency requirement is waived, she can file adjustment of status application with her husband I-130 petition.

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