CASE: I-485 (EB-3)

APPLICANT: Filipina High School Science Teacher

LOCATION: McIntosh, SD

Our client has an employer willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Chemistry, a valid South Dakota 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 clearly eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in February 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 May 21, 2020.  On September 1, 2020, we promptly filed PERM. Eventually, on April 19, 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 May 11, 2021 via regular processing service. Eventually, on February 12, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

Once her I-140 petition was approved, she retained our office again and we filed adjustment of status applications for her and her family members. On April 12, 2022, our office filed I-485 adjustment of status applications for our clients. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on July 28, 2022, her green card application was approved without any RFE. Her adjustment of status application was approved less than 4 months from the filing date.

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

NATIONALITY: Pakistani

LOCATION: Tallahassee, FL

Our client is a citizen of Pakistan who came to the U.S. on a J-2 Visa in August 2009.  He came with his father who entered on a J-1 Visa as a researcher in the U.S. 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.

He turned 21 in October 2020.  By getting a waiver, she would have the ability to be petitioned for H-1B status by his prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of requirement or the 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 October 2020.  

Our firm was retained to do his J-2 waiver, and on April 21, 2022, 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 May 27, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 28, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-485 Adjustment of Status based on approved I-360 Petition

NATIONALITY: Kenyan

LOCATION: Willoughby, OH

Our Kenyan client came to the U.S. in February 2005 with a J-2 visa. He married his U.S. citizen wife in December 2014. In December 2019, he contacted our office to seek legal representation for his I-360 petition. According to his story, our client’s marital life was tough and he eventually was abused by his spouse.  With his story and other evidence, our office determined that he would be eligible for I-360 self-petition as a spouse of an abusive U.S. citizen.

Our client experienced domestic violence and spousal abuse during his marriage. His wife physically and mentally abused our client throughout the years. Thus, we prepared and filed his I-360 petition, which included numerous exhibits and a detailed brief to the USCIS Vermont Service Center on January 24, 2020. 

Eventually, on April 4, 2022, the USCIS Vermont Service Center approved our client’s I-360 petition. While his I-360 petition was pending, our firm prepared and filed the Adjustment of Status Application on March 17, 2020.  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 via conference all. On July 14, 2022, our client was interviewed at the Cleveland, OH USCIS.  Attorney Sung Hee (Glen) Yu accompanied our client as well. Eventually, on the same day of the interview, the USCIS approved our client’s adjustment of status application and issued a green card.

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

NATIONALITY: Filipino

LOCATION: San Diego, CA

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in September 2017.  He came with his father who entered on a J-1 Visa for his employment 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.

Our client turned 21 in June 2022. He wanted to file his I-485 adjustment of status application with his U.S. citizen spouse’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot adjust his status in the United States without the fulfillment of the requirement or 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 June 2022.

Our firm was retained to do his J-2 waiver, and on June 10, 2022, 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 July 12, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 19, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Chinese

LOCATION: Bellevue, WA

Our client is a citizen of China who came to the U.S. on a J-2 Visa in September 2014. She came with her husband who held a J-1 Visa as a researcher. Both were subject to the two-year foreign residency requirement. 

She got divorced from her husband in 2017 and changed her status to F-1. Our client wanted to be petitioned for H-1B by her prospective employer; however, she cannot do it unless she fulfills the two-year foreign residency requirement or obtains a waiver.

She retained our firm to do her J-2 waiver. On May 20, 2022, the J-2 Waiver (DS-3035) 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 was divorced from the J-1 visa holder.  Eventually, on June 7, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. The USCIS issued the I-612 waiver approval notice on July 19, 2022.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Nigerian

LOCATION: Warrensville Heights, OH

Our client contacted us in December 2021 to seek legal representation for his naturalization application. He came to the United States from Nigeria and obtained his green card in April 2019 through marriage. 

His N-400 application was filed on January 24, 2022 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On July 13, 2022, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed. On July 18, 2022, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Cleveland, OH

Our client contacted us in January 2022 to seek legal representation for his naturalization and application. He came to the United States from India and obtained his green card in December 2018 through his marriage to his US Citizen spouse. 

We filed his application on January 24, 2022 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On July 13, 2022, our client appeared at the Cleveland, Ohio USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On July 18, 2022, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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

NATIONALITY: Chinese

LOCATION: Champaign, IL

Our client is a citizen of China who came to the U.S. on a J-2 Visa in August 2017.  She entered with her mother who came on a J-1 Visa as a researcher in the U.S. 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.

She turned 21 in May 2021.  By getting a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of requirement or the 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 May 2021.  

Our firm was retained to do her J-2 waiver, and on March 3, 2022, 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 May 27, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 13, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Carrollton, KY

Our client came to the United States from the Philippines in January 2019 with a B-1 business visitor’s visa. Since then, she has remained in the United States. She married a U.S. Citizen in November 2021. She retained our office on November 3, 2021 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 14, 2021. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On July 14, 2022, our client was interviewed at the Louisville, Kentucky USCIS office. On July 15, 2022, our client’s green card application was approved.

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

NATIONALITY: Chinese

LOCATION: San Jose, CA

Our client is a citizen of China who came to the U.S. on a J-2 Visa in July 2011.  She came with her mother who entered on a J-1 Visa as a researcher in the U.S. 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.

She turned 21 in April 2019.  By getting a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of requirement or the 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 April 2019.  

Our firm was retained to do her J-2 waiver, and on February 14, 2022, 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 June 21, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 8, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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