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

NATIONALITY: Chinese

LOCATION: Illinois

Our client is a citizen of China who came to the U.S. on a J-2 Visa.  He came with his 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, he finished high-school as a J-2 visa holder and later pursued his Bachelor’s degree. Prior to the commencement of his Bachelor’s program, our client changed his status from J-2 to F-1 through the U.S. Consulate in Shanghai, China. He is still in school, but he would like to apply for a J-2 waiver so that he would not have any problem for his future change of status in the United States when his prospective employer files an I-129 petition for him in 2014.

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 December 2012.

Our firm was retained to do his J-2 waiver on September 10, 2013. On October 4, 2013, 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 October 28, 2013 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On November 14, 2013, the USCIS issued an I-612 approval notice for our client’s waiver request.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: Miami, FL

Our client entered the United States in August 2012 from the United Kingdom under the visa waiver program. He came here to visit Miami, FL. As a Visa Waiver Entrant, he was only authorized to remain in the United States for only 90 days.

Later, in December 2012, past the 90 day period, our client married his U.S. Citizen wife in the United States. Our client contacted our office, and he retained our office on January 8, 2013.

One main issue in his green card application through marriage was the fact that he came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Our office filed the I-130 Petition and I-485 Adjustment of Status Application on March 27, 2013.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. 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 clients over conference call.

On October 28, 2013, our client was interviewed at the Miami, Florida USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved his green card application on November 8, 2013.

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Cleveland, Ohio

Our client contacted us in April 2012 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 Material Science / Engineering, and is currently working as a post-doctorate researcher in an academic institution in Cleveland, Ohio.

His significant contributions have placed him at the pinnacle of the field of material science and engineering. He is a leading scientist with an excellent reputation in alloy design, especially in titanium alloys which are promising structural and functional materials for the next generation.

Our client successfully brazed Ti alloys which are mostly used in aerospace and chemical applications. Successfully joining titanium alloys is of great importance to national defense. He also developed very low-melting Ti-based filler alloys for Ti alloys. Lower brazing temperature would ensure lower risk of damaging aerospace components during processing

Upon review of his credentials and qualifications, our office determined that he was 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 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. You can also file for a work permit simultaneously.

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 23-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, patents, 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 58 exhibits.

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on November 8, 2012. Eventually, on November 14, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition.

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CASE:  Termination of Removal Proceedings / Motion to Reopen
CLIENT: Filipino
LOCATION: Pennsylvania / Immigration Court: Philadelphia Immigration Court

Our client came to the United States on a valid K-1 fiancé visa in 2004. He married his U.S. citizen fiance within two months of his entry, and then he eventually filed an I-485 adjustment of status application.

In May 2005, our client received his conditional permanent resident card. However, his I-751 application was denied in December 2007 due to his troubled marriage and he got divorced with his U.S. Citizen wife in April 2008.

Unbeknownst to our client, a Notice to Appear was issued against him and it was sent to his previous address in June 2008.  Thus, our client did not know of the issuance of his NTA and his initial Master Calendar hearing. Eventually, he missed the hearing and the Immigration Court issued an order of removal against our client in June 2008.  Later, our client got married again with his ex-wife. After the re-marriage, his U.S. citizen wife filed an I-130 petition for our client and this was approved in June 2009.

Due to his confusion on what to do after the approved I-130 (the approval mentioned something about consular processing) our client left the United States and went to the Philippines to apply for an immigrant visa. During the interview, our client learned of his final order of removal in absentia and he was asked to file a waiver. Unfortunately, his waiver application was denied because there was no waiver for inadmissibility under 212(a)(6)(B), which provided, based on the letter, that “any alien who without reasonable cause fails to attend or remain in attendance at a proceeding to determine the alien’s inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien’s subsequent departure of removal is inadmissible.”

Thus, our client needed to reopen his case and get a termination order from the court to file his waiver.

To rescind the final order, he has to get his case reopened. This is done through a Motion to Reopen filed with the Immigration Judge who gave the final order. Based on this Motion to Reopen, the Immigration Judge can rescind the in absentia order of removal if you are able to show that you did not receive notice of the hearing.

On August 14, 2013, our office filed the Motion to Reopen with the Philadelphia Immigration Court. Documentation of his address at the date of the final order, a detailed affidavit regarding his addresses and the circumstances around the final order date, documentation of the last address he provided to the immigration service prior to the final order date, and other supporting documents were submitted (20 exhibits). On September 24, 2013, the Philadelphia Immigration Court granted our motion and reopened our client’s case.

After his case was reopened, our office filed a Motion to Terminate Proceedings to the Philadelphia Immigration Court. As a result, on October 21, 2013, the Immigration Judge in the Philadelphia Immigration Court granted our Motion to Terminate for our client. Our client’s removal proceeding is now terminated, and he can file a waiver application for his immigrant visa.

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CASE: I-751

APPLICANT: Spanish

LOCATION: Cleveland, OH

Our client contacted our office in early December 2012 regarding his I-751 application.

He is from Spain and he married a U.S. citizen in June 2010. Through his marriage, he obtained a 2-year conditional green card in April of 2011.  His conditional residency terminated in April 2013.

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 December 18, 2012 and our office prepared the I-751 application for our client with documents we requested from them.

On January 28, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

After the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on July 22, 2013, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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CASE: I-751

APPLICANT: Korean

LOCATION: Columbus, Ohio

Our client contacted our office in early May this year regarding her I-751 application.

She is from South Korea and married a U.S. citizen in March 2011. Through her marriage, she obtained a 2-year conditional green card in July of 2011.  Her conditional residency was terminated in July 2013.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office again on May 13, 2013 and our office prepared an I-751 application for our client with bona fide marriage exhibits.

On June 3, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

The fingerprint notice was issued two weeks later.

There was no RFE issuance or interview request for our client’s I-751 application. As a result, on October 4, 2013, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: Marriage-Based Green Card
CLIENT: Russian
LOCATION: Cleveland, Ohio

Our client came to the United States in June 2006 with a J-1 Exchange Visitor’s visa from Russia to do her training program in the United States. Her J-1 program did not subject to the INA Section 212(e) two-year foreign residency requirement. After she completed her J-1 program, she remained in the United States.

She married a U.S. Citizen in July 2013.  Our client retained our office on July 8, 2013 for her I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on August 14, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On October 31, 2013, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee  (Glen) Yu accompanied them as well.  On November 7, 2013, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: El Salvadorian

LOCATION: Cleveland, OH

Our client came to the United States in October 2006 with a B-2 visitors visa from El Salvador. After she got divorced, she married a U.S. Citizen in March 2012 and retained our office for her petition and adjustment of status application.

She also asked us to file her son’s (Petitioner’s step-son) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on August 15, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On November 5, 2013, our clients were interviewed at the Cleveland, OH USCIS office. Our attorney accompanied them at their interview as well. On the same day, our client and her son’s green card applications were approved.

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CASE: I-751

APPLICANT: Tunisian

LOCATION: Washington, D.C.

Our client contacted our office in late December of last year regarding his I-751 application.

He is from Tunisia and married to a U.S. citizen. Through his marriage, he obtained a 2-year conditional green card in April 2011, also from our firm.  His conditional residency terminated in April 2013.

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 again on December 26, 2012 and our office prepared an I-751 application for our client with supporting documents.

On January 23, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

The USCIS issued an RFE for our client’s I-751 application. Our office filed a Response to the RFE on September 6, 2013.  As a result, on October 30, 2013, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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CASE: Fiancé Visa

PETITIONER: US Citizen in Washington, D.C.

BENEFICIARY: Spanish

PETITION FILED: December 28, 2012

PETITION APPROVED: August 16, 2013

K-1 VISA APPROVED: October 28, 2013

Our client, a US Citizen Petitioner, met his Spanish fiancée in Washington D.C. in July 2011. They started their relationship, and he went to Spain in April 2012 after his fiancée went back to Spain.  When he visited his fiancée in April 2012, he proposed to her. Months after his proposal, he retained our firm to file a fiancée petition for her.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on November 20, 2012. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on December 28, 2012.

On August 16, 2013, the I-129F fiancée petition was approved. On October 28, 2013, our client’s fiancée appeared at the U.S. Embassy in Madrid, Spain for her K-1 visa interview. The interview went well, and on the same day, the U.S. Embassy issued her K-1 visa.

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