CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Extreme Hardship

 NATIONALITY:  Iraqi

 LOCATION: Loveland, CO

Our client came from Iraq as a J-1 Fulbright scholar in January 2015.  She was subject to the two-year foreign residency requirement. Our client would like to file her adjustment of status application along with her US 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 also received government funding for her research program 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. 

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 the exceptional hardship basis. On February 26, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit of 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 March 9, 2020, our office filed the I-612 application to the USCIS and asked them to issue and recommend this waiver based on the fact that our client’s husband would experience exceptional hardship if our client needs to go back to Iraq for two years. 

Eventually, the USCIS approved her I-612 waiver on February 4, 2022. Now that our client’s two-year foreign residency requirement is waived, she can file her adjustment of status application along with her U.S. Citizen husband’s I-130 petition.

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School General Science Teacher

LOCATION: Casa Grande, AZ

Our client has an employer that as willing to do an I-140 Petition. Our client has a Bachelor’s degree in Geology, a valid Arizona Teaching license, and has worked for her current employer since August 2016. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  We were retained in April 2020.

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 the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on August 19, 2020.  On December 4, 2020, we promptly filed PERM. Eventually, on August 18, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on August 31, 2021 via regular processing service. Eventually, on February 8, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian                                                                       

LOCATION: Fort Polk, LA

Our client is from Nigeria who came to the U.S. on a B-2 visa in November 2019. Since then, she has remained in the United States.  In February 2020, our client married her current U.S. citizen husband. She retained our office on July 10, 2020 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 22, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and an employment authorization document all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On February 17, 2022, our client was interviewed at the New Orleans, LA USCIS office. On the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Singaporean                                                                                  

LOCATION: North Royalton, OH

Our client is from Singapore who came to the U.S. on a B-2  visa in April 2021. In July 2021, our client married his U.S. citizen wife. He retained our office on August 17, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 7, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients at our office via conference calls. On February 7, 2022, our client was interviewed at Cleveland, OH USCIS office. Attorney JP Sarmiento, Esq. accompanied our clients as well. Eventually, on February 8, 2022, his green card application was approved.

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Case: I-130/I-485

Potential Issue: Response to Notice of Intent to Deny

Client: Cameroonian

Location: Fayetteville, NC

Our client entered the United States from Cameroon. She married her U.S. citizen husband and they filed an I-130 Petition and I-485 Adjustment of Status Application to the USCIS in April 2018. In July 2021, they appeared at the adjustment of status interview at the USCIS Durham Field Office in North Carolina. However, on October 13, 2021, the USCIS issued a Notice of Intent to Deny (NOID).  The NOID claimed that there was substantial and probative evidence that the marital union between the Petitioner and Beneficiary was not bona fide.  The NOID pointed out that the submitted documentation of Petitioner and Beneficiary did not establish a bona fide marriage. 

In response to the USCIS’s NOID, our office included multiple supporting documents including, several affidavits from their friends, joint bank account statements, a joint tax return, and several pictures of our client and her husband in several occasions with different people.  Several legal authorities were cited based on particular issues discussed, and on November 5, 2021, we filed the Response to NOID prior to the 30-day deadline.

On February 18, 2022, the USCIS approved our client’s case. Both the I-130 Petition and I-485 Green Card Applications were approved. Our client is now a green card holder.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Spanish                                                                             

LOCATION: Schaumburg, IL

Our client is from Spain who came to the U.S. on a J-2 visa in June 2019. With our firm’s legal assistance, he got his J-2 waiver in October 2020.  In October 2020, our client married his U.S. citizen wife. He retained our office on March 18, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 2, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment notices, and the employment authorization document all came on time. Prior to the interview, we thoroughly prepared our clients at our office via conference calls. On February 7, 2022, our client was interviewed at the Chicago, IL USCIS office. On February 8, 2022, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Kenyan                                                                                

LOCATION: Fowlerville, MI

Our client is from Kenya who came to the U.S. on a B-2 visitor’s visa in November 2015. Since then, she has remained in the United States.  In January 2021, our client married her U.S. citizen husband. She retained our office on June 7, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 30, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients at our office via conference calls. On January 26, 2022, our client was interviewed at the Detroit, MI USCIS office. Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients as well. On February 5, 2022, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Ghanaian                                                                          

LOCATION: Columbus, OH

Our client is from Ghana who came to the U.S. on a J-2 visa in February 2012. In February 2020, our client married his U.S. citizen wife. He retained our office on November 5, 2020 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 4, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment notices, and the employment authorization document all came on time. Prior to the interview, we prepared our clients at our office via conference calls. On November 10, 2021, our client was interviewed at the Columbus, OH USCIS office. 

However, the USCIS office issued a Request for Evidence (RFE) after the interview. The USCIS office specifically requested our client to submit more bona fide marital documents between him and his wife. Our office filed the Response to RFE on January 10, 2022. On February 1, 2022, his green card application was approved.

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Math Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since August 2015. Based on our client’s education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us in September 2019.

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 the PERM application could only be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on February 6, 2020.  On April 13, 2020, we filed PERM. 

On September 24, 2020, the Department of Labor issued an audit request. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on October 16, 2020. Eventually, on March 22, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on April 6, 2021 via regular processing service. Eventually, on January 27, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Math Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since August 2015. Based on her education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us in September 2019.

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 the PERM application could only be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on February 10, 2020.  On April 20, 2020, we promptly filed PERM. 

On September 24, 2020, the Department of Labor issued a request for audit. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on October 16, 2020. Eventually, on March 22, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on April 9, 2021 via regular processing. On January 27, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

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