CASE: I-751

APPLICANT: Filipino

LOCATION: Houston, Texas

Our client contacted our office in July of 2014 regarding his I-751 application.

He is from the Philippines and he married a U.S. citizen in April 2012. Through his marriage, he obtained a 2-year conditional green card in August of 2012.  His conditional residency terminated in August 2014.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on July 8, 2014 and our office prepared an I-751 application for our client with bona fide marriage evidence.

On July 23, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint tax records, utility bills, joint mortgage, joint insurance and photos of our client and his wife to demonstrate the bona fideness of their marriage.

There was no RFE issuance or interview request for our client’s I-751 application. As a result, on January 26, 2015, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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

NATIONALITY:  Kenyan

LOCATION: Maryland

Our client came to the U.S. on a J-1 Visa in August 2004 from Kenya.  She came to the U.S. for her studies, and her J-1 visa made her subject to the two-year foreign resident requirement. After her J-1 status expired, she remained in the United States.

Later, she married her U.S. citizen husband in 2006.  Our client’s husband intended to apply for an I-130 petition for her and our client wanted to file an adjustment of status application. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Our client could not pursue her waiver under the No Objection Statement or Interest Government Agency (IGA) due to lack of mandatory documents. Our client, though, would like to pursue her J-1 waiver based on the exceptional hardship standard. Our client’s U.S. citizen son 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 exceptional 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 July 23, 2014 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 her U.S. citizen son’s medical condition. On October 15, 2014, our office filed an I-612 application to the USCIS.

Eventually, the Department of State recommended a waiver for our client on January 14, 2015. Subsequently, the USCIS approved her I-612 waiver on January 26, 2015. Now that our client’s two-year foreign residency requirement is waived, she can file an adjustment of status application in the United States along with her husband’s I-130 petition for her.

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CASE: I-140 (EB-3 Category) / Schedule A / Old Priority Date Retention

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in Texas

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. Currently, she is working at a nursing / rehabilitation center in the greater Houston area under an H-1B status. Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). Our client also has an approved EB-3 I-140 petition with a priority date of November 2009.

Since she is a registered nurse, she is eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.

Also, under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s prospective employer for our client is entitled to the previous priority date.

Our client has a nursing degree and has several years of related experience. Our firm told her that her current employer can petition her as a Registered Nurse under the schedule A category. More importantly, since the priority date of her previous I-140 was current, she can apply for adjustment of status. Our office was retained on October 29, 2014 and we started on her Prevailing Wage Request.

We filed the I-140 application on January 7, 2015 via premium processing. We included the job offer letter, the notice of filing, his previous I-140 approval notice, and other necessary supporting documents.  Eventually, on January 15, 2015, the I-140 was approved and it retained our client’s old priority date.  Now, our client can file for adjustment of status.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Korean

LOCATION: Los Angeles, California

Our client is a citizen of South Korea who came to the U.S. on a J-2 Visa in August 2005.  She came with her father who came on a J-1 Visa for his research program 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.

After our client came to the United States, she completed her ESL courses and was admitted to the University to pursue her bachelor’s degree. In July 2006, she went back to South Korea and got her F-1 student visa at the U.S. Embassy in Seoul, and came back to the United States with her F-1 student visa.

She turned 21 in 2007. This year, she would like to change her status from F-1 to H-1B if her prospective employer files an I-129 petition for her in April. Moreover, she also has an approved I-140 petition and currently is waiting for her priority date to be current. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the requirement or getting a 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 March 2007.

Our firm was retained to do her J-2 waiver on December 11, 2014. On December 12, 2014, 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 January 9, 2015 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On January 20, 2015, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: Diversity Immigrant Visa

CLIENT: Cameroonians

LOCATION: Cameroon

Our client was in the United States on an F-1 status. He stopped school and stayed here anyway. In 2014 our client applied for the Diversity Visa program and won the lottery. The question for him was whether his F-1 overstay would allow him to get an immigrant visa when he goes home. He was hesitant at first, but we explained to him that being out of status is not equivalent to being unlawfully present. As an F-1 student, if you overstay, only if DHS or Court finds you unlawfully present would unlawful presence incur. Thus, he did not have a three or ten year bar.

The Diversity Immigrant Visa program is a United States congressionally mandated lottery program for receiving a United States Permanent Resident Card. It is also known as the Green Card Lottery. The lottery is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 to provide for a new class of immigrants known as “diversity immigrants” (DV immigrants). The Act makes available 55,000 permanent resident visas annually to natives of countries deemed to have low rates of immigration to the United States.

Our client retained our office on May 14, 2014 for his and his wife’s immigrant visa packets. Our office prepared and filed the immigrant visa packets, together with all necessary supporting documents, on May 22, 2014. Our office also prepared and drafted a brief to explain the eligibility of his diversity lottery based immigrant visa DESPITE HIS F-1 OVERSTAY. Our argument was that since he came on an F-1 and was never caught overstaying, that he did not have a bar to coming back because he did not incur unlawful presence.

Prior to the interview, we thoroughly prepared our clients. On December 23, 2014, our client was interviewed at the U.S. Embassy in Yaoundé, Cameroon. The interview went well, and the Embassy issued immigrant visas for our client and his wife.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Ghanaian

LOCATION: Atlanta, GA

Our Ghanaian client came to the United States on a B-2 visitor’s visa in June 2003. She overstayed her status. Later, she married a U.S. Citizen in May 2013. She contacted our office and our client retained our office on September 8, 2014 for the filing of the petition for her and her adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 2, 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 through conference calls. On January 22, 2015, our client was interviewed at the Atlanta, GA USCIS office.  The interview went well, and our clients answered the questions well and demonstrated the bona fide nature of their marital life. Eventually, on the same day, her green card application was approved.

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CASE: I-824 (Follow-to-join) based on approved I-140 and Consular Processing (Immigrant Visa)

CLIENT: Korean LPR Petitioner; Korean Beneficiary in South Korea

LOCATION: Petitioner: Seattle, WA; Beneficiary: Seoul, South Korea

Our client is a Lawful Permanent Resident who got his green card through his current employer’s petition. His current employer filed an I-140 petition for him in August 2008 and later this I-140 petition was approved. He filed his adjustment of status application and became a green card holder in July 2013. He has a wife and two U.S. citizen children. Our client and his wife married in August 2011 before his adjustment of status application was adjudicated. However, his wife was in South Korea when he got his green card due to personal circumstances. She could have been a derivative applicant at the time of our client’s green card filing.

Our client was also given wrong advice before. After he got his green card, his previous counsel suggested for him to file an I-130 petition for his wife in South Korea (F2A category). He filed the I-130 petition and just waited for the priority date become current so that his wife can file the immigrant visa.

In May 2014, he contacted our office and explained his situation to our office. Our office immediately told him that he can file an I-824 follow-to-join application to the USCIS so that his wife can file an immigrant visa and come as a derivative beneficiary of the I-140 petition rather than as a beneficiary of the I-130 petition which will take more time. After consultation, he retained our office on May 28, 2014 to help bring his wife to the States.

After we were retained, our office filed an I-824 follow-to-join application to the USCIS on June 2, 2014. After the I-824 was filed, everything went smoothly and the receipt notices came on time. The I-824 application was approved by the USCIS on June 30, 2014 and this case was transferred to the National Visa Center.

After the I-824 approval, we filed the immigrant visa packets to the National Visa Center on August 28, 2014, who in turn forwarded the client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the U.S. Embassy in Seoul. On January 6, 2015, our client’s wife appeared at the U.S. Embassy in Seoul, South Korea. The interview went well, and eventually, on January 8, 2015, the U.S. Embassy in Seoul, South Korea approved and issued her immigrant visa.

With the approved Immigrant visa, our client’s wife successfully came to the United States ten days after the visa issuance.  She will get her green card within two weeks.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition

Our client is a U.S. citizen who married his wife in Bangkok, Thailand in June 2010.  After living years in Thailand, our client would like to come back to the United States with his wife. Therefore, he contacted our office and retained us to bring his wife to the States.

With our office’s legal assistance, our client directly filed the I-130 petition to the USCIS in Bangkok, Thailand on May 14, 2014. After the I-130 was filed, everything went smoothly, and there were no requests for evidence. The I-130 Petition was approved on June 5, 2014.

After the I-130 approval, we prepared the immigrant visa packet of our client’s wife. Once it was finalized, we sent the application to our client who was in Bangkok, and he directly filed the application to the USCIS Bangkok on July 24, 2014.  An interview notice was set for the client at the US Embassy in Bangkok, and we prepared them for the interview. On July 28, 2014, the interview was conducted.  There was a request for evidence regarding Petitioner’s intent to live in the United States, and we responded with several supporting documents. Eventually, on December 23, 2014, the U.S. Embassy in Bangkok, Thailand approved and issued her immigrant visa.

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

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CASE: I-129F Fiancée Petition and Fiancée Visa

PETITIONER: US Citizen in Maryland

BENEFICIARY: Ghanaian

PETITION FILED: January 2, 2014

PETITION APPROVED: January 8, 2015

Our client, a US Citizen Petitioner, met his Ghanaian fiancée in March 2011. They started their relationship, and he went to Ghana frequently to see her. They actually did the fiancé immigration process before themselves, but unfortunately it was denied. Hence he retained our firm to file a fiancée petition for her.

After retention, we informed our client the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on December 18, 2013. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on January 2, 2014.

However, on August 20, 2014, the USCIS issued a request for evidence (RFE) and claimed that our client did not submit sufficient evidence to establish that he is in a valid and authentic relationship with his fiancée. In response to the RFE, our office filed a response to RFE to the USCIS with more bona fide evidence to show the bona fide nature of their relationship. We filed the RFE response on September 17, 2014.

Eventually, on January 8, 2015, the I-129F fiancée petition was approved by the USCIS Vermont Service Center.

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CASE: I-140 / National Interest Waiver

CLIENT: Nepalese Nuclear Scientist

LOCATION: Cleveland, OH

Our client contacted us in April 2014 regarding the possibility of doing a National Interest Waiver self-petition for him. He is a post-doctorate researcher and scientist in the field of Physics and Nuclear research, and is currently working as a post-doctorate researcher in an academic institution in Kent, OH.

His significant contributions have placed him at the pinnacle of the field of physics and nuclear science. He is a leading scientist with an excellent reputation in his field of endeavor and his research work involved a very complex, simultaneous, and constrained analysis of partial-wave amplitudes for multiple channels produced in pion-nucleon scattering. His work has confirmed the state of low-lying states involving S- and P- wave amplitudes and has also predicted some new states. Overall, his research has yielded important information about excited states of nucleons thereby producing a clearer picture of the baryon spectrum.

Upon review of his credentials and qualifications, our office determined that he has a good chance of meeting 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.

Our office prepared a 14-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 19 exhibits.

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on June 4, 2014.  However, on October 6, 2014, the USCIS issued a Request for Evidence for his I-140 petition. In response to the RFE request, our office prepared a brief which included notes from scientists in the field regarding updates of his work and the importance of his past work in nuclear and physics research. We also emphasized our client’s past accomplishments and the benefits of his work. Our Response to RFE was filed on December 5, 2014.  Eventually, on December 24, 2014, the USCIS Nebraska Service Center approved our client’s I-140 petition.

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