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

NATIONALITY: Nigerian                                                                                                       

LOCATION: Houston, TX

Our client is from Nigeria who came to the U.S. on a J-1 Visa in June 2018 to pursue his graduate studies.  After he finished his J-1 program, he changed his status from J-1 to F-1 and he has remained in the United States. Our client plans to file an I-140 NIW petition and I-485 adjustment of status application. However, he will not be able to adjust his status unless he gets a waiver of the 2-year foreign residency requirement. When he came to the United States in 2018, his J-1 program made him subject to the 2-year foreign residency program. 

He retained our office on January 31, 2020. Thereafter, our office prepared the waiver request through a No Objection Statement (NOS) from the Nigerian Embassy in the United States. Every country’s Embassy maintains different procedures with the J-1 No Objection Statement waiver.  

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 Nigerian 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 Nigerian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On June 15, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On July 16, 2020, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement.

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

NATIONALITY: Turkish                                                                                                        

LOCATION: Norfolk, VA

Our client is from Turkey who came to the U.S. on a J-1 Visa in August 2016 as an exchange student. In October 2019, she married her U.S. citizen spouse. She wished to apply for a waiver of the two year foreign residency requirement so that she can file her adjustment of status application along with her husband’s I-130 petition.  

She retained our office on January 13, 2020. Thereafter, our office promptly prepared the waiver request through a No Objection Statement (NOS) from the Turkish Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  

On February 5, 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 wants to adjust her status based on her marriage to her U.S. citizen spouse. 

Eventually, the Turkish Embassy issued a No Objection Statement for our client. They then sent this letter to the State Department’s Waiver Review Division.  On June 15, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On July 13, 2020, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement.

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

 NATIONALITY:  Pakistani

 LOCATION: Pittsburgh, PA

Our client came to the U.S. on a J-1 Visa in January 2015 from Pakistan.  She came to the U.S. for her undergraduate program, and her J-1 visa made her subject to the two-year foreign residency requirement. Our client would like to be eligible for adjustment of status or other visas in the future.  However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Our client believed she could pursue her J-1 waiver under the persecution category since she will be persecuted based on her culturally forbidden marriage. 

A person can file a J-1 waiver under the persecution basis if the person believes that he or she will be persecuted based on his/her race, religion, or political opinion if he or she returns to his or her home country, he/she may apply for a persecution waiver. 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 she would be persecuted if she goes back to Pakistan based on her marriage. After she retained our firm, we prepared and filed a waiver request through the  persecution basis. On June 18, 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 to show that she will be persecuted in Pakistan if she goes back. On October 8, 2019, our office filed the I-612 application to the USCIS. 

On January 15, 2020, the USCIS issued a Request for Evidence (RFE) and requested our client to submit more evidence to support her persecution claim. Our office prepared an extensive Response to the RFE and submitted it on March 13, 2020.  Eventually, the Department of State recommended the waiver for our client on May 5, 2020. Subsequently, the USCIS approved her I-612 waiver on July 14, 2020.

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

NATIONALITY: Filipina

LOCATION: Oakley, CA

Our client was a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2018.  She came with her mother who came on a J-1 Visa for her employment 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.

She turned 21 in July 2019.  She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without fulfilling the 2-year foreign residency requirement or obtaining 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. In fact, our client turned 21 in July 2019.

Our firm was retained to do her J-2 waiver, and on January 14, 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 the J-1 visa holder anymore.  Eventually, on June 1, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 15, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-485 based on Approved I-140 (EB-2)

 APPLICANT: Korean

 LOCATION: Lubbock, TX

Our client is an assistant professor from South Korea, who is currently teaching at a state university who was willing to petition him for a second-preference petition (I-140).  Our client has a Ph.D. degree and has worked for this school since 2018. He has maintained his status as an H-1B visa holder in the United States.  He had an approved I-140 petition which was filed by his current employer and this I-140 petition’s priority date was May 16, 2019.

In October 2019, he contacted our office and retained us for the I-485 adjustment of status application for him and his wife. Our office filed the I-485 adjustment of status applications for our clients on November 18, 2019. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on July 15, 2020, his green card application was approved without the interview.

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CASE: I-360 Petition

NATIONALITY: Iraqi

LOCATION: California

Our Iraqi client came to the U.S. in June 2016 on a J-1 exchange visitor’s visa. With our firm’s assistance, he got his J-1 hardship waiver.  In April 2018, he contacted our office to seek legal representation for his I-360 VAWA petition. 

Our client experienced domestic violence and spousal abuse during his marriage. His wife physically and mentally abused our client after the inception of their marriage. Thus, we prepared and filed his VAWA I-360 petition, which included numerous exhibits and a detailed affidavit to the USCIS Vermont Service Center on June 8, 2018.

On December 10, 2019, the USCIS issued a Request for Evidence (RFE). The USCIS requested our client to submit documents to demonstrate his good moral character. He obtained several third-party affidavits and a California police criminal record. Our office filed the Response to RFE on February 28, 2020.  Eventually, on July 14, 2020, the USCIS Vermont Service Center approved our client’s I-360 petition.

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CASE: I-751

APPLICANT: Honduran

LOCATION: Piqua, OH

Our client contacted our office in July of 2019 regarding her and her daughter’s I-751 applications.

She is from Honduras and she married a U.S. citizen. Through her marriage, she and her daughter obtained a 2-year conditional green card in August of 2017. Thus, their conditional residency terminated in August 2019. 

To comply with immigration requirements, our client and her spouse had to file an I-751 Joint Petition to Remove Conditions. She retained our office, and our office prepared an I-751 application for our client and her daughter with all supporting documents.

On July 25, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint tax documents, and photos of our client and her spouse in various occasions to demonstrate the bona fideness of their marriage.

After the application was filed, we obtained the receipt notice and the fingerprint within 2 weeks. Eventually, on July 9, 2020, the USCIS approved our client’s I-751 application without any RFE.

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CASE: I-485 Adjustment of Status Based on Approved I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)

EMPLOYER: Multinational Tire Corporation

BENEFICIARY: Korean

LOCATION: Akron, Ohio

Our client is a General Manager of a multinational tire corporation in Ohio.  He is from South Korea, and he had worked for its parent company for 6 years in positions of increasing responsibility including that of Research and Development team manager. He came to the United States in January 2018 with an E-2 visa to work for the current petitioner company (wholly-owned subsidiary of his previous employer).  He contacted our firm in August 2018, and discussed us his chances of getting a green card.  Based on our client’s education and professional background and his current position at the worksite, our office determined that he was clearly eligible for the EB-1C classification for his I-140 petition. Our client eventually retained us for his I-140 and subsequent I-485 adjustment of status application.

An employer can petition for its foreign employee under INA § 203(b)(1)(C) if it demonstrates the following: (C) Certain multinational executives and managers – An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

According to the INA §101(a)(44), 8 U.S.C. §1101(a)(44) and 8 C.F.R §204.5(j)(2), “executive capacity” means an assignment in an organization in which the employee primarily: (1) Directs the management of the organization or a component or function; (2) Establishes goals and policies; (3) Exercise wide latitude in discretionary decision making; and (4) Receives only general supervision or direction from higher level executives, board of directors or stockholders.

Also, the mentioned statutes define “managerial capacity” as an assignment with the organization in which the employee personally: (1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization; (3) Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.

After our office was retained, we prepared a thorough cover letter and obtained all necessary supporting documents from our client and the petitioning company. In our brief, we clearly demonstrated that our client met the requirements set forth in the INA §203(b)(1)(C).  First, the prospective U.S. employer (Petitioner-Company) has been doing business for at least 1 year.  Second, the prospective employer (Petitioner) in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad.  Third, if the worker is already employed in the United States, he or she was employed outside the United States for at least 1 year in the 3 years preceding admission as a non-immigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate. Last, the alien is to be employed in the United States in a managerial or executive capacity.

In this case, the Petitioner-company has been doing business for 28 years in the United States. In addition, Petitioner-Company is the wholly-owned subsidiary of its Korean parent company where our client was employed for 6 years. Moreover, our client was employed outside the U.S. for at least 1 year in the 3 years preceding admission as a non-immigrant in an Executive or Managerial Capacity by the Petitioner’s parent company in South Korea.  Our client served as a team manager and later became senior manager for the parent company.  He personally supervised and controlled the work of other researchers and engineers for new types and models of tire developments, and was primarily responsible for the company’s various new tires.  Lastly, our client is to be employed in the United States as a General Manager for the petitioner.

On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), an organizational chart, and a dispatch order.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in South Korea.  The evidence included a copy of the certificate of ownership, a copy of the business registration certificate, a copy of the approval for overseas investment, and a copy of the annual report and consolidated financial statements.  The I-140 Petition was filed on November 16, 2018.  

However, on May 16, 2019, the USCIS Nebraska Service Center issued a Request for Evidence (RFE). The RFE letter requested our client to demonstrate the qualifying relationship between the parent company in South Korea and his current employer. Moreover, the USCIS requested our client to show whether he met the requirement of “one year managerial or executive position abroad.”

On the RFE response, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), and an organizational chart.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in South Korea.  The evidence included a copy of the certificate of ownership, a copy the business registration certificate, a copy of the tax records, etc.  Our office filed the Response to RFE on August 5, 2019.  Eventually, on August 26, 2019, the I-140 petition was approved.  

On November 8, 2019, our office filed an I-485 adjustment of status application for our client and his derivative family members. Everything went smoothly and the receipt notices and fingerprint appointment came on time. His case was scheduled for the interview in March 2020; however, it was cancelled due to the COVID-19 pandemic.  

Nevertheless, on July 9, 2020, the USCIS approved our client’s adjustment of status application without the interview.  On the same day, the CIS approved our client’s derivative family members’ adjustment of status applications as well.

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CASE: I-130 RFE Response

LOCATION: Petitioner: Selma, AL; Beneficiaries: India

Our client is a US permanent resident who married an Indian lady in India.  Thereafter, he filed an I-130 petition on behalf of his wife for her immigrant visa. He filed the  I-130 in March 2018 by himself; however, the USCIS issued a RFE in late December 2019. The RFE request for bona fide evidence between his (the petitioner) and his EX-wife, as well as his current wife. Upon the issuance of the RFE, our client contacted our firm and sought our legal assistance.  He retained our office immediately, and our office started to work on the Response to RFE for his wife.    

Our office filed the Response to RFE on March 10, 2020.  In the Response brief, our office fully explained that the marriage between our client and his wife, as well as his ex-wife, are bona fide. We also submitted a substantial amount of bona fide marital evidence for both marriages. Also, we explained that the Petitioner’s previous marriage with his US citizen ex-wife was not entered into for the purpose of evading immigration laws. 

Eventually, on June 17, 2020, the USCIS approved our client’s I-130 petition for his wife in India. Now, he can start consular processing for his wife’s immigrant visa. 

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

NATIONALITY: Russian

LOCATION: Bar Harbor, ME

Our client was a citizen of Russia who came to the U.S. on a J-2 Visa in November 1998. She eventually became a Canadian citizen. She came with her 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.

After our client came to the United States, she attended a school and then moved to Canada after her mother’s research program ended. Our client came back to the United States in 2019 on a TN visa.

She turned 21 in November 2016. This year, her employer wanted to file an H-1B petition for her. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the 2-year foreign residency requirement, or obtaining 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. In fact, our client turned 21 in November 2016.

Our firm was retained to do her J-2 waiver, and on December 20, 2019, 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 1, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On June 23, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

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