CASE: Marriage-Based Adjustment of Status

CLIENT: Egyptian

LOCATION: Indianapolis, IN

Our client came to the United States from Egypt on an F-1 visa. He married a U.S. Citizen in November 2018 and retained our office on December 10, 2019, for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 12, 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 November 10, 2020, our client was interviewed at the Indianapolis, IN USCIS office. On February 8, 2021, his green card application was approved.

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CASE: PERM Labor Certification

EMPLOYER: Care Center in Houston, TX 

BENEFICIARY: Filipino Information Technology Director in the Philippines

Our client has a prospective employer willing to petition him for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Information Technology and currently works for an IT consulting company in the Philippines. We were retained on February 2019. 

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, the job order was filed on April 28, 2020.  On July 7, 2020, we filed PERM. On February 11, 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.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Westlake, OH

Our client contacted our office in November of 2018 regarding her I-751 application.

She is from the Philippines and she married her U.S. citizen spouse in May 2016. She obtained her conditional green card in February 2017.  She retained our office on November 5, 2018.

On December 4, 2018, our office filed the I-751 application to the CIS. They issued an RFE and we responded on January 12, 2021. On February 11, 2021, the USCIS approved our client’s I-751 application.

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CASE: I-751

APPLICANT: Mexican

LOCATION: Fairview Park, OH

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

He is from Mexico and he married a U.S. citizen in May 2017. Through his marriage, he obtained a 2-year conditional green card in July 2018.  His conditional residency terminated in July 2020.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. 

On April 10, 2020, our office filed an I-751 application to the USCIS. There was no RFE or interview at all. On January 26, 2021, the USCIS approved our client’s I-751 application.

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CASE: I-751

APPLICANT: Nigerian

LOCATION: Austintown, OH

Our client contacted our office in March of 2019 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 July of 2017. He retained our office on March 21, 2019. 

On April 26, 2019, our office filed an I-751 application to the USCIS. In January 2021, the USCIS scheduled an interview for our client and his wife. Prior to the interview, our office prepared them thoroughly via conference. The interview went well an on February 4, 2021, the same day of the interview, the I-751 was approved. 

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CASE: I-751

APPLICANT: Indian

LOCATION: Brooklyn, OH

Our client contacted our office in July of 2019 regarding his I-751 application.

He is from India and he married a U.S. citizen. He obtained a 2-year conditional green card in December 2017. 

On September 20, 2019, we filed the I-751 application. 

In January 2021, the USCIS scheduled an interview for our client and his wife. Attorney Sung Hee (“Glen”) Yu from our firm accompanied them at the interview. The interview went well and on February 9, 2021, the same day of the interview, the I-751 was approved.

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CASE: I-751

APPLICANT: Moroccan

LOCATION: Kent, OH

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

He is from Morocco and he married a U.S. citizen in November 2017. Through his marriage, he obtained a 2-year conditional green card in August of 2018.  His conditional residency terminated in August 2020.

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 April 1, 2020. 

On May 5, 2020, our office filed the I-751 application to the USCIS On February 3, 2021, with an interview or RFE, the USCIS approved our client’s I-751 application. Our client received his 10-year green card.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Colombian

LOCATION: Wadsworth, OH

Our client came to the United States from Colombia on a J-1 exchange visitor’s visa. He married a U.S. Citizen in May 2020 and retained our office on June 24, 2020 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 3, 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 4, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients. His green card application was approved on the same day.

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CASE: I-130 / I-485 Adjustment of Status

 NATIONALITY:  Filipina

 LOCATION: Estill, SC

Our client came from the Philippines on a J-1 in August 2015 to work as a public school teacher in South Carolina. She was subject to the two-year foreign residency requirement. After her authorized stay period expired, has remained in the United States. 

In May 2018, she got married her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver s. 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 prepared the waiver application. On September 13, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On November 5, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  They eventually forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On January 27, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on February 3, 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 April 6, 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 January 25, 2021, our client was interviewed at the Charleston, SC USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

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

 NATIONALITY: Filipina

 LOCATION: Douglas, AZ

Our client came from the Philippines as a J-1 teacher. She was subject to the two-year foreign residency requirement. She wanted to apply for a green card based on her marriage to her US citizen spouse, however she had to get a waiver first to be eligible. 

Based on 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 October 7, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an 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 her U.S. citizen husband’s medical condition.  On October 16, 2019, our office filed the I-612 application to the USCIS and asked them to issue and recommend this waiver based on the fact that our client’s husband would experience exceptional hardship in the scenarios of separation and relocation. . 

On January 16, 2020, the USCIS issued a Request for Evidence (RFE) and requested our client to submit more hardship evidence. Our office prepared the response and filed an extensive Response to RFE on March 18, 2020. 

Eventually, the USCIS approved her I-612 waiver on January 22, 2021. Now that our client’s two-year foreign residency requirement is waived, she can file her adjustment of status application along with her husband’s I-130 petition in the United States. 

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