CASE: I-751

APPLICANT: Indian

LOCATION: Chagrin Falls, OH

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

She is from India and she married a U.S. citizen in May 2018. Through her marriage, she obtained a 2-year conditional green card in August 2018.  Her conditional residency terminated in August 2018.

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 June 1, 2020, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Eventually, on February 26, 2021, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE).  Our client received her 10-year green card which removed the conditions.

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CASE: J-1 Waiver (No Objection Statement – Humanitarian)

NATIONALITY: Philippines

LOCATION: Glendale, AZ

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. She was subject to the two-year foreign residency requirement. Later, her employer wants to sponsor her green card and she 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.

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact that her husband experiences medical hardship. Though her husband is a citizen of the Philippines, his medical condition prompted her to pursue NOS waiver under the humanitarian category. 

On February 25, 2020, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On March 18, 2020, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  The EVP Philippines approved the NOS Application!

On February 25, 2021, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 2, 2021, the USCIS issued an I-612 approval notice for the waiver.

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

 NATIONALITY:  Iraqi

 LOCATION: Dearborn, MI

Our client came from Iraq as a J-1 scholar in 2014.  He was subject to the two-year foreign resident requirement. Our client would like to file his adjustment of status application along with his I-140 NIW application; 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 exceptional hardship. His US Citizen has 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 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). 

On February 13, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We prepared the affidavit for our client, an extensive brief in support for 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 son’s medical conditions.  On February 17, 2020, 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 son would experience exceptional hardship if our client needs to go back to Iraq for two years. 

Eventually, the USCIS approved his I-612 waiver on February 18, 2021. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his NIW I-140 self-petition. 

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Cleveland, OH

Our client contacted us in February 2020 to seek legal representation for his naturalization. He came to the United States from the Philippines and obtained his green card in July 2007

We filed his application on March 5, 2020. Prior to his citizenship interview, our office prepared him via conference calls.  On February 23, 2021, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On the same day, 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: Maryville, TN

Our client contacted us in July 2020 to seek legal representation for his naturalization. He came to the United States from India and obtained his green card in October 2017 through marriage. 

His N-400 was filed on July 21, 2020. Prior to citizenship interview, our office prepared him on the phone. On January 21, 2021, our client appeared at the Nashville, TN USCIS office for his naturalization interview. Our client answered all questions correctly and passed. On February 21, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently works in the Philippines. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

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.

Our client has a nursing degree and has a Texas Registered Nurse License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on August 11, 2020 and we started on her Prevailing Wage Request. Her PW request was filed on August 12, 2020. 

We filed the I-140 application on February 5, 2021 via premium processing. We included the job offer letter, the notice of filing, financial ability to pay letter, and other necessary supporting documents. Eventually, on February 23, 2021, our client’s I-140 petition was approved without any Request for Evidence (RFE). Now, our client can file an immigrant visa application based on the approved I-140 petition.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Kenyan
LOCATION: Somerset, NJ

Our client contacted our office in May of 2018 regarding I-751 application.  She is from Kenya and she married a U.S. citizen in June 2015. Through her marriage, she obtained a 2-year conditional green card in October of 2016. Her conditional residency terminated in October 2018. 

Unfortunately, during their marriage, our client and her ex-husband went through struggles. Therefore, they started to live separately and their divorce proceeding was initiated. Thus, our client could not proceed with the I-751 joint filing with her ex-husband. So we requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On June 7, 2018, our office filed the I-751 application with various supporting documents (over 30 exhibits and an affidavit over 6 pages) to demonstrate our client’s bona fide marriage with her ex-husband). 

In July 2019, the USCIS issued a Request for Evidence (RFE), requesting more bona fide marital evidence with her ex-husband. Our office prepared and filed the Response to RFE on July 15, 2019.  

In January 2021, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference calls about potential issues at the interview. On February 24, 2021, our client was interviewed for her I-751 application at the USCIS Mount Laurel, NJ Field Office. The interview was very extensive and the officer questioned her a lot about the nature of her marriage with her ex-husband.  Nevertheless, the USCIS approved her I-751 application on February 25, 2021. Now, she has her ten-year green card.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: Wickliffe, OH

Our client came to the United States from India on a F-1 student’s visa. He married a U.S. Citizen in June 2020 and retained our office on July 13, 2020 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 21, 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 February 18, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients. The green card application was approved on the same day.

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Case: I-130/I-485
Issue: Visa Waiver Entry
Applicant/Beneficiary – Italian
Location: Weston, CT

Our client entered the United States in December 2019 from Italy under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days. 

She married to U.S. Citizen in September 2011 in Italy. One main issue in her green card application through marriage was the fact that she 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 client contacted our office for consultation and retained our office on January 13, 2020 for her adjustment of status application. Our office filed the I-130 Petition and I-485 Adjustment of Status Application on February 11, 2020. Our office requested the CIS to exercise favorable discretion in granting adjustment of status despite her visa waiver entry.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients. On February 16, 2021, our client was interviewed at the Hartford, Connecticut USCIS Field Office. Despite the visa waiver entry and subsequent adjustment of status issue, the USCIS officer approved her green card application on the same day.

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Filipino

LOCATION: Chatsworth, GA

Our Filipino client came to the United States on a J-1 in May 2018. He married his U.S. Citizen partner in November 2019.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law. 

They married in Georgia where same-sex marriage is recognized. Our client contacted our office and retained us on November 15, 2019. We filed the application on November 22, 2019. 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 February 10, 2021, our client was interviewed at the Atlanta, Georgia USCIS office. Eventually, on February 12, 2021, his green card application was approved by the USCIS. 

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