CASE: I-485 / National Interest Waiver

CLIENT: Korean

LOCATION: San Francisco, CA

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 an exceptional scientist in the field of Biomedical Engineering. 

Our client’s significant contributions have placed him at the pinnacle of his field. His field of research primarily concerns biomedical materials design and development, and its in-depth characteristics. He has been working lately on other subjects including bio-inspired materials design (so-called bio-mimetics).  Throughout his career, our client has made important contributions to the field of biomedical engineering and his research involves the study of structural biological materials (bone) and the development of bioinspired designs based on these structures (biodegradable metal / ceramic composite scaffold, 3D printing), which so far has resulted in scaffolds and composites that have diverse applications from bone implants to light weight aerospace structures. Because of his innovative research, our client’s publications 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 21-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 Nebraska Service Center on February 7, 2019. On November 26, 2019, the USCIS Nebraska Service Center issued a Request for Evidence (RFE) for our client and surprisingly argued that our client has not met all of three prongs of Dhanasar. Our client and our office prepared an extensive RFE response and filed it on February 18, 2020. 

Eventually, on March 25, 2020, the USCIS approved his I-140 petition. When we filed his I-140, he concurrently filed his I-485 adjustment of status application as well. On August 11, 2020, the USCIS approved our client’s I-485 adjustment of status application without an interview.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Wharton, TX

Our client came from the Philippines on a J-1 in August 2015 to work as a teacher. Based on his DS-2019, he was subject to the two-year foreign residency requirement. His employer wanted to sponsor his green card and he consulted with our firm for his 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.

We told him that he can apply for a waiver under the No Objection Statement category based on the fact that he has humanitarian reasons for doing so, based on the numerous hardships that his family (who were on J2) will experience if they return to the Philippines. 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 14, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We prepared the humanitarian arguments and sent the packet, with evidence,  to the EVP  Waiver Review Committee in Manila, Philippines. They eventually issued a No Objection Statement. On July 17, 2020, the Waiver Review Division of the Department of State issued a favorable recommendation based on the No Objection statement.  Eventually, on August 6, 2020, the USCIS issued an I-612 approval notice for the waiver.

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CASE: I-130 and Consular Processing (Immigrant Visa)

 CLIENT: US Citizen Petitioner Husband; Chinese Beneficiary Wife in China

 LOCATION: Petitioner: Cleveland, Ohio; Beneficiary: China

 I-130 FILED: October 10, 2017

 I-130 APPROVED: March 4, 2019

 IV APPROVED: August 5, 2020

Our client retained us to bring his wife over from China. He was born and raised in China, but was naturalized in the United States.

On October 10, 2017, our firm filed the I-130 Petition to the CIS. On March 4, 2019, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get his wife over to the United States.

On January 17, 2020, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s spouse at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On August 5, 2020, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s spouse can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: I-485 / National Interest Waiver

CLIENT: Filipino

LOCATION: Boise, ID

Our client contacted us in March 2019 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from the Philippines and he has a Ph.D. Degree in Atmospheric Science. He is already considered an exceptional researcher and scientist in the field of atmospheric science. 

Our client’s significant contributions have placed him at the pinnacle of his field. Our client’s research centers on ozone, a key air pollutant that is produced from precursor emissions and has an adverse impact on human health and ecosystems. Because of his innovative research, our client’s work were highly evaluated by reviewers of various journals, 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. 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 8 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication record, presentation record, 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.

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

NATIONALITY: Russian

LOCATION: Brooklyn, NY

Our client is a citizen of Russia who came to the U.S. on a J-2 Visa in February 1998.  He came with his father who came on a J-1 Visa for his research program 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.

He turned 21 in November 2010. This year, his employer wanted to file an I-140 petition for him. The I-140 was possible, but the eventual I-485 adjustment of status (green card) was not possible due to the two year foreign residency requirement.

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 November 2010.

Our firm was retained to do her J-2 waiver, and on March 3, 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.  Eventually, on June 29, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

NATIONALITY: Chinese

LOCATION: Yonkers, NY

Our client was a citizen of China who came to the U.S. on a J-2 Visa in November 2015.  He came with his mother who came on a J-1 Visa for her research program 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.

He turned 21 in May 2016. This year, his employer wanted to file an I-129 petition for his H-1B visa. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without 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 May 2016.

Our firm was retained to do her J-2 waiver, and on March 9, 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.  Eventually, on June 29, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

NATIONALITY: Chinese

LOCATION: Long Island City, NY

Our client was a citizen of China who came to the U.S. on a J-2 Visa in April 2007.  He came with his father who came on a J-1 Visa for his research program 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.

He turned 21 in August 2014. This year, he wanted to change his status to H-4 based on his spouse’s H-1B status. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without fulfilling the 2-year requirement or getting a waiver application approved.

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 2014.

Our firm was retained to do her J-2 waiver. On March 9, 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.  Eventually, on June 29, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Jersey City, NJ

Our client contacted our office in August of 2019 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in November 2016. Through her marriage, she obtained a 2-year conditional green card in December 2017.  Her conditional residency terminated in December 2019.

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 August 6, 2019, and our office prepared an I-751 application for our client with all supporting documents.

On September 19, 2019, our office filed the 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 July 24, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE: Change of Status from F-2 to F-1

CLIENT: Nepalese

LOCATION: Kent, OH

Our client came from Nepal on a valid F-2 visa. Later, she decided to study further in the United States and got admitted to a college. She retained our office for her I-539 Change of Status application from F-2 to F-1. 

After retention, we helped our client obtain supporting documents for the Change of Status. We filed the I-539 Change of Status application along with supporting documents to the USCIS on January 6, 2020. In the application, we fully explained her financial ability to pursue her studies in the U.S., and reasons for her studies.

On May 26, 2020, the USCIS issued a Request for Evidence (RFE) asking for a  new I-20 record. Our office filed the Response to RFE on June 2, 2020. Eventually, on July 27, 2020, the Change of Status was approved. Our client is now on F-1 and can start her program.

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

CLIENT: Filipino

LOCATION: Philadelphia, PA

Our client came to the United States from the Philippines on a J-1 exchange visitor’s visa. He got his J-1 waiver for his two-year foreign residency requirementl.  In May 2018, he married his U.S. Citizen same-sex spouse in Philadelphia, Pennsylvania. 

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 Pennsylvania where same-sex marriages iares recognized. Our client contacted our office and retained us in April 2019 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application together with all necessary supporting documents on July 3, 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 July 29, 2020, our client was interviewed at the Philadelphia, PA USCIS office. The interview went well and his green card application was approved on the same day.

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