CASE: Marriage-Based Adjustment of Status

CLIENT: Canadian

LOCATION: Cleveland, OH

Our client came to the United States from Canada on a R-1 Religious Worker’s visa. She married a U.S. Citizen in August 2020 and retained our office on August 28, 2020 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 25, 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 calls. On April 19, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Eventually, our client’s green card application was approved on the same day.

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

NATIONALITY: Filipino

LOCATION: Shannon, NC

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in August 2018.  He came with his mother who was on a J-1 Visa. 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 November 2020.  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 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. Our client turned 21 in November 2020.

Our firm was retained to do his J-2 waiver and on November 13, 2020, 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.  On February 26, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On April 9, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-751

APPLICANT: Canadian

LOCATION: Diamond, OH

Our client contacted our office in May 2020 regarding her I-751 application.

She is from Canada and she married his U.S. citizen spouse in January 2018. Through her marriage, she obtained a 2-year conditional green card in June 2018.  Her conditional residency terminated in June 2020.

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 on May 11, 2020. 

On May 26, 2020, our office filed the I-751 application to the USCIS. Eventually, the USCIS issued a Request for Evidence (RFE). We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on March 12, 2021.   

As a result, on April 8, 2021, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Uzbek
LOCATION: Cleveland, OH (EOIR)

Our client came to the United States in September 2006 on a F-1 student visa from Uzbekistan. He failed to maintain his F-1 status in the U.S. and unbeknownst to him, he was placed into removal proceedings. He thus did not appear in Court and had an in absentia final order of removal.  

He married a U.S. Citizen in 2013.  Our client’s wife filed an I-130 petition on behalf of our client, and this I-130 petition was approved by the USCIS in January 2018. Once the I-130 petition was approved, our client filed an I-485 adjustment of status application to the USCIS. However, due to his final order of removal, his case was denied. He filed a Motion to Reopen in absentia order and his case was reopened by the immigration court. 

He retained our office in October 2019 for the representation in his removal proceedings. Once retained, our office prepared and filed the I-485 Adjustment of Status Application, and other supporting documents to the Cleveland Immigration Court.

On April 12, 2021, Attorney Sung Hee (Glen) Yu represented our client’s at his Individual Hearing for adjustment of status at the Cleveland Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal case was terminated simultaneously. Now, our client is a green card holder.   

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CASE: I-130/I-485

NATIONALITY: Philippines

LOCATION: Covington, TX

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. Based on her  DS-2019, she was subject to the two-year foreign residency requirement. 

In January 2018, she married her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On November 27, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On December 16, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 12, 2020, the USCIS issued an I-612 approval notice for the waiver. 

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 15, 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 through conference calls. On April 6, 2021, our client was interviewed at the Louisville, KY USCIS office.  The interview went well, and eventually, on the same day of her interview, her green card application was approved.

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CASE: EB-2 I-140    
EMPLOYER: Baptist Church
BENEFICIARY: Korean Assistant Pastor
LOCATION: Cary, NC

Our client is a Baptist church in Cary, NC who is willing to petition an Assistant Pastor position for a second-preference petition (I-140).  Our client’s prospective employee has a master’s degree in Theology. We advised that they can petition him as an Assistant Pastor.  Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s prospective employee’s educational and work background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in on September 6, 2018. 

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On April 5, 2019, the prevailing wage request was filed.  Then, our office filed the job order on January 6, 2020.  On June 18, 2020, we promptly filed PERM.  Eventually, on December 22, 2020, the PERM Labor Certification was approved – an EB2 position for the Korean 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, employer’s tax records, and other necessary supporting documents. The I-140 Petition was filed on March 29, 2021, via premium processing. On April 8, 2021, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

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CASE: I-485 Adjustment of Status / EB-2 I-140

EMPLOYER: Nutrition Management Company

BENEFICIARY: Taiwanese Consulting Dietician in Toledo, OH

Our client has a current employer that was willing to petition her for a second-preference petition (I-140).  Our client has a master’s degree in nutrition, a valid state dietician license, and has worked for her current employer since November 2018. Based on our client’s education an work background, our office determined that she is eligible for EB-2 classification for her I-140 petition.  

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 October 8, 2019.  On February 22, 2020, we filed PERM.  Eventually, on June 18, 2020, the PERM Labor Certification was approved – an EB2 position for the Taiwanese 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, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on August 28, 2020, via regular processing. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On October 1, 2020, our office filed a premium processing upgrade request to the USCIS upon our client’s request. Eventually, on October 14, 2020, the I-140 EB2 Petition for our Taiwanese client was approved without any Request for Evidence (RFE). 

When we filed her I-140 petition, she concurrently filed her I-485 adjustment of status application. On March 30, 2021, the USCIS approved our client’s adjustment of status application without an interview. She is now a green card holder.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physician’s Office

BENEFICIARY: Taiwanese Nurse Practitioner

LOCATION: Brooklyn, NY

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, she was 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 Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on March 9, 2021 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents.

In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation. On April 8, 2021, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Taiwanese nationals is current for the EB-2 category, she is eligible to file her adjustment of status application now.

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement

 NATIONALITY: Malaysian

 LOCATION: Boston, MA

Our Malaysian client came to the U.S. on a J-1 Visa in June 2017 to work as a trainee. In September 2019, he married his U.S. citizen spouse. He wanted to file an adjustment of status application; however, his J-1 visa made him subject to the two-year foreign resident requirement. Due to the two-year foreign residency requirement, he had to obtain a waiver first before he files his adjustment of status application in the U.S.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Malaysian Embassy in the United States.  

On February 4, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian Consulate General Office in New York to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file an adjustment of status application but for the waiver.

The Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. The Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on April 1, 2021.   

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CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement 

NATIONALITY: Turkish                                                                                                        

LOCATION: Los Altos, CA

Our client is from Turkey who came to the U.S. on a J-1 Visa in January 2014 to work as a graduate student. He would like to apply for an adjustment of status based on an I-140 National Interest Waiver self-petition. However, he won’t be able to adjust his status unless he gets a waiver for the 2-year foreign residency program.  

He retained our office on July 17, 2020. We filed a waiver request through a No Objection Statement (NOS) from the Turkish Embassy in the United States. Every country’s Embassy maintains different procedures for the J-1 No Objection Statement waiver.  Our office contacted the Turkish Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver and Turkish National ID.

On July 24, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Turkish Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on his I-140 NIW petition.  

Eventually, the Turkish Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On December 17, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On March 29, 2021, the USCIS issued an I-612 approval notice. Now, our client can file an I-485 adjustment of status application along with the I-140 NIW Self-Petition.

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