CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipino High School General Science Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that as willing to file an I-140 petition for. Our client has a Bachelor’s degree in Geology, a valid Arizona Teaching license, and has worked for his current employer since August 2016. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us 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 filed PERM. 

Eventually, on August 18, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. Our client can file the I-140 petition at any time.

{ 0 comments }

CASE: N-400 Citizenship / Naturalization
APPLICANT: Angolan
LOCATION: New York, NY

Our client contacted us in November 2019. He came to the United States from Angola and became a permanent resident in July 2015. He retained our office for his naturalization application. The main issue of his naturalization case was the one long, over six-month trip that he had within the past five years. 

According to the INA §316(b) and 8 C.F.R. §316.5.(c)(1)(i), an absence between 6 months and 1 year from the United States raises a rebuttable presumption that continuity of residence has been interrupted. That would be an issue in naturalization cases, where continuity of residence is essential. Applicants with this issue should rebut that presumption. 

Our client was out of the United States for 220 days from January 2016 until August 2016. Our client was in Angola and had to take more time because his brother’s abrupt passing and his father’s illness that led to his death, which occurred within months of each other. Our client wanted to rebut the presumption by arguing that his last trip was more than 6 months due to the family emergency / illness, and he did intend to maintain his continuity of residency in the U.S. 

The brief and his N-400 application were filed on September 29, 2020 with all necessary supporting documents. Our client appeared at the USCIS New York Field Office for his N-400 interview on August 17, 2021. He answered all questions correctly and passed his citizenship interview. Eventually, on the same day of his interview, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

APPLICANT: Nigerian

LOCATION: Richmond Heights, OH

Our client contacted our office in June of 2020 regarding his I-751 application.

He is from Nigeria and he married a U.S. citizen. Through his marriage, he obtained his 2-year conditional green card in September of 2020. He retained our office on June 16, 2020. 

On July 3, 2020, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

The USCIS issued a Request for Evidence (RFE). We filed an extensive Response s on May 24, 2021.    

In July 2021, the USCIS scheduled an interview for our client and his wife. Prior to the interview, our office prepared them thoroughly via conference calls. Attorney Sung Hee (Glen) Yu from our office accompanied our clients at the interview. The interview went well and on August 17, 2021, the same day of the interview, the I-751 was approved.

{ 0 comments }

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

NATIONALITY: Filipina

LOCATION: Durham, NC

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2019.  She came with her mother who was on a J-1 Visa as a teacher. 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 October 2020.  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 October 2020.  

Our firm was retained to do her J-2 waiver, and on March 26, 2021, 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 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On August 10, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

{ 0 comments }

CASE: I-485/ National Interest Waiver

CLIENT: Korean

LOCATION: Cleveland, OH

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea in the field of Biomedical Engineering. 

Our client’s significant contributions have placed him at the pinnacle of his field. Throughout his research career, our client has made important and innovative contributions to the field of biomedical engineering and his word successfully demonstrated the development of an oral gene delivery for liver cancer treatment based on gene therapy. He also successfully developed novel Polysaccharide-Coated Magnetic Nanoparticles for imaging and gene therapy. Because of his innovative research, our client’s work were highly evaluated by reviewers of various journals and by colleagues and experts in the field.

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. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id. 

Our office prepared a 27-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. 

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on September 29, 2020. Eventually, on May 28, 2021, 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. Eventually, on August 9, 2021, our client and his immediate family members’ adjustment of status applications were approved by the USCIS without any Request for Evidence (RFE). 

{ 0 comments }

CASE: N-400 Citizenship / Naturalization
APPLICANT: Chinese
LOCATION: Cleveland, OH

Our client contacted us in October 2020. He came to the United States from China and became a permanent resident in January 2011. He retained our office for his naturalization application. The main issue of his naturalization case was the one long, over six-month trips he had within the past five years. 

According to INA §316(b) and 8 C.F.R. §316.5.(c)(1)(i), an absence between 6 months and 1 year from the United States raises a rebuttable presumption that continuity of residency has been interrupted. That would be an issue in naturalization cases, where continuity of residence is essential. Applicants with this issue should rebut that presumption. 

Our client was out of the United States for almost a year from September 2019 until September 2020. Our client was in Wuhan, China and wanted to stay there for less than 6 months, but he had to stay there more than 6 months due to the Travel Ban /Lockdown due to the COVID-19 pandemic. Our client wanted to rebut the presumption by arguing that his last trip was more than 6 months due to the COVID lockdown and he did intend to maintain his continuity of residency in the U.S. 

The brief and his N-400 application were filed on October 20, 2020 with all necessary supporting documents. Our office prepared him for his interview via conference calls. Our client appeared at the USCIS Cleveland Field Office for his N-400 interview on April 30, 2021. Attorney Sung Hee (Glen) Yu from our office also accompanied our client.  He answered all questions correctly and passed his citizenship interview. Eventually, his N-400 was approved on August 4, 2021. His oath taking is scheduled soon where he will become a U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Vietnamese

LOCATION: Warren, MI

Our client contacted us in January 2021 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 March 2016.  

Her N-400 application was filed on January 8, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via phone call.  On July 30, 2021, our client appeared at the Detroit, MI CIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client. Our client answered all questions correctly and passed her naturalization interview. Eventually, on August 2, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

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

NATIONALITY: Chinese

LOCATION: Tucson, AZ

Our client is a citizen of China who came to the U.S. on a J-2 Visa in March 2017.  She came with her mother who was on a J-1 Visa for her research 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.

She turned 21 in August 2020.  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 fulfilling 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 August 2020.  

Our firm was retained to do her J-2 waiver, and on March 2, 2021, 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 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                         

LOCATION: Jacksonville, FL 

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in November 2019. She has remained in the United State since then. In March 2020, our client married her U.S. citizen husband.  She retained our office on May 6, 2020 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485Adjustment of Status Application on June 5, 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 at our office via conference calls. On August 4, 2021, our client was interviewed at the Jacksonville, FL USCIS office. On the same day of her interview, her green card application was approved.

{ 0 comments }

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

 NATIONALITY:  Ghanaian

 LOCATION: St. Louis, MO

Our client came from Ghana as a J-1 scholar in 2008.  His J-1 status made him subject to the two-year foreign residency requirement. Our client would like to file his adjustment of status application along with his U.S. citizen 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 the No Objection Statement or Interest Government Agency (IGA). 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 the exceptional hardship standard. 

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 the exceptional hardship basis. On April 1, 2019, 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 his U.S. citizen wife’s medical conditions.  On April 2, 2019, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s wife would experience exceptional hardship if our client needs to go back to Ghana for two years. 

On November 7, 2019, 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 exception hardship to his U.S. citizen wife if he has to go back to Ghana for 2 years.  On January 27, 2020, our office filed a Response to RFE to the 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 July 29, 2021. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his wife’s I-130 petition. 

{ 0 comments }