CASE: Marriage-Based Adjustment of Status

NATIONALITY: Venezuelan

LOCATION: North Royalton, OH

Our client is from Venezuela who came to the U.S. on a B-2 visitor’s visa in August 2016. Since then, he has remained in the United States.  In March 2021, our client married his U.S. citizen wife. He retained our office on May 31, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 10, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and employment authorization document all came on time. Prior to the interview, we prepared our clients at our office via conference calls. On June 6, 2022, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients as well. On June 10, 2022, his green card application was approved.

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

 NATIONALITY:  Filipino

 LOCATION: Dulce, NM

Our client came to the U.S. on a J-1 Visa in October 2019 to work as a teacher.  His J-1 visa made him subject to the two-year foreign resident requirement. Our client would like to file an adjustment of status application based on his employer’s I-140 petition.  However, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, he could not pursue his waiver under the No Objection Statement or Interest Government Agency (IGA). Moreover, our client could not pursue his J-1 waiver based on exceptional hardship. Nonetheless, our client could pursue J-1 waiver under persecution category since he believes that he will be persecuted based on his same sex marital relationship with his current spouse.  

A person can file a J-1 waiver under the persecution basis if the person believes that he will be persecuted based on his race, religion, or political opinion if he  returns to his home country. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of persecution. 

Our client believed that he would be persecuted if he goes back to the Philippines based on his marriage in the U.S. His marriage is culturally and religiously forbidden in the Philippines.  After he retained our firm, we prepared and filed a waiver request through the persecution basis. On October 1, 2021, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents to show that he will be persecuted in the Philippines if he goes back. On October 5, 2021, our office filed the I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client will be persecuted if our client needs to go back to the Philippines for two years. 

On February 10, 2022, the USCIS issued  Request for Evidence (RFE) . We filed the response on April 7, 2022.  Eventually, the Department of State recommended a waiver for our client on April 28, 2022. Subsequently, the USCIS approved his I-612 waiver on June 2, 2022.

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Case: I-130/I-485
Applicant/Beneficiary – Korean
Location: Auburn, AL

Our client entered the United States in June 2009 from South Korea under the visa waiver program. She came here with her parents when she was a minor. As a Visa Waiver Entrant, she was only authorized to remain in the United States only for 90 days.  Nonetheless, she has remained in the United States. 

In January 2021, our client and her U.S. citizen husband married. They contacted our office and they retained us.  One 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.

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on June 20, 2021. 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 via conference call. On June 6, 2022, our client was interviewed at the Montgomery, Alabama USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved her green card application on the same day of the interview.  Now, our client is a green card holder. 

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Kenyan

LOCATION: Columbus, OH

Our client contacted us in September 2020 to seek legal representation for her naturalization application. She came to the United States from Kenya and obtained her green card in October 2013.

Her N-400 application was filed on September 15, 2020 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On April 4, 2022, our client appeared at the Columbus, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On June 2, 2022, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Parma Heights, OH

Our client came to the United States from the Philippines in December 2020. Since then, she has remained in the United States. She married a U.S. Citizen in December 2021. She retained our office on January 24, 2022 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 16, 2022. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On May 31, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients. Eventually, on June 1, 2022, our client’s green card application was approved.

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client has an employer was willing to petition her for a third-preference I-140.  Our client has a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2016. Based on our client’s education and credentials, our office determined that she is eligible for EB-3. Our client 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 only 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 31, 2020.  On December 8, 2020, we promptly filed PERM. 

On July 2, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on July 29, 2021.  Eventually, on November 1, 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 December 3, 2021 via regular processing. On May 23, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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

NATIONALITY: Mexican

LOCATION: Miami, FL

Our client is a citizen of Mexico who came to the U.S. on a J-2 Visa in August 2016.  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 2021.  By getting a waiver, he would have the ability to be petitioned for H-1B status by his prospective employer. However, because of his two-year foreign residency requirement, our client cannot change his 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 2021.  

Our firm was retained to do his J-2 waiver, and on December 23, 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 April 14, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On May 24, 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: Nigeria

LOCATION: Ontario, CA

Our client came to the United States from Nigeria on an F-1 student visa. She married her US citizen husband in December 2021. She retained our office on January 3, 2022 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 3, 2022. 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 May 24, 2022, our client was interviewed at the San Bernardino California USCIS office. On May 25, 2022, our client’s green card application was approved.

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CASE: I-485 / National Interest Waiver

CLIENT: Korean

LOCATION: College Park, MD

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea and he is exceptional in the field of Condensed Matter Physics. 

Our client’s significant contributions have placed him at the pinnacle of his field. He is capable of many experimental measurement techniques such as electrical transport, thermal transport, low temperature physics, etc., and he is capable of device fabrication and computational simulations using finite element analysis. Because of his innovative research, our client’s research 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 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 24-page brief for our client’s NIW filing. Our client also obtained 6 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 Texas Service Center on October 5, 2021. Eventually, on March 15, 2022, the USCIS approved his I-140 petition without any Requests for Evidence. While his I-140 NIW petition was pending with the USCIS, he decided to file his I-485 adjustment of status to the USCIS. Our office prepared and filed his I-485 application to the USCIS on January 24, 2022. On May 18, 2022, our client’s adjustment of status applications was approved by the USCIS without any Request for Evidence (RFE). 

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CASE: I-751

APPLICANT: Indian

LOCATION: Frisco, TX

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

She is from India and she married a U.S. citizen in June 2017. Through her marriage, she obtained a 2-year conditional green card in May 2018.  Her conditional residency terminated in May 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 January 22, 2020 and our office prepared the I-751 application.

On March 5, 2020, our office filed the I-751 application to the USCIS. On May 12, 2022, 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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