CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Covington, KY

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement. 

In January 2018, she got married to her U.S. citizen husband and later on 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.

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 27, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On December 16, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 12, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Sacramento, California

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. Based on his DS-2019, he was subject to the two-year foreign residency requirement. Later, 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.

Our office told our client that he can apply for a waiver under the No Objection Statement category based on the fact that he has a U.S. citizen son. 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 September 30, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also prepared the application packet to the EVP Philippines, which require several distinct documents, including apostilled affidavits and forms. On December 19, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  They approved the application and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 12, 2020, the USCIS issued an I-612 approval notice for the waiver.

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CASE: I-751

APPLICANT: Indonesian

LOCATION: Marietta, GA

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

She is from Indonesia and she married a U.S. citizen in March 2017. Through her marriage, she obtained a 2-year conditional green card in November 2017.  Her conditional residency terminated in November 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 May 21, 2019, and our office prepared an I-751 application for our client with the necessary supporting documents.

On August 21, 2019, 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 May 11, 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: I-130 and Consular Processing (Immigrant Visa)

 CLIENT: US Citizen Petitioner Father; Filipino Beneficiary Children in the Philippines

 LOCATION: Petitioner: Daly City, CA; Beneficiary: Manila, Philippines

 I-130 FILED: June 8, 2018

 I-130 APPROVED: February 19, 2019

 IV APPROVED: February 10, 2020

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

On June 8, 2018, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On February 19, 2019, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get his children over to the United States.

On September 17, 2019, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for our client’s children at the U.S. Embassy in Manila, and we prepared them for their interview. On February 10, 2020, the U.S. Embassy in Manila, Philippines approved and issued their immigrant visas.

With the approved immigrant visas, our client’s children can come to the United States immediately, and they will get their green cards within two months of entry.

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CASE: I-751

APPLICANT: Jamaican

LOCATION: Cleveland, OH

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

She is from Jamaica and married a U.S. citizen in February 2017. Through her marriage with, she obtained a 2-year conditional green card in August of 2017.  Her conditional residency terminated in August 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 May 15, 2019, and our office prepared an I-751 application for our client with other supplemental exhibits.

On May 30, 2019, 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 May 5, 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:  I-751 / Termination of Proceedings

APPLICANT: Filipina

LOCATION: Solon, OH

Our client contacted our office in July 2018 regarding her removal proceedings representation and I-751 application.

She is from the Philippines and married a U.S. citizen in June 2014. Through her marriage, she obtained a 2-year conditional green card in July 2015.  Her conditional residency terminated in July 2017.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. They filed the I-751 application first; however, her husband filed a divorce against her while the application was pending.  Our client’s initial I-751 application was thus denied. Later on, our client was placed into removal proceedings.

Once retained, our office prepared an I-751 application for our client with other supplemental exhibits including a detailed explanatory brief. On December 19, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. Once the application was filed, the fingerprint notice was issued two weeks later.

Our client had to appear for her Master Calendar hearing at the Cleveland Immigration Court on December 17, 2019. Attorney Sung Hee (Glen) Yu represented our client at her initial Master Calendar Hearing and informed the court that our office filed a new I-751 application to the USCIS.  

In December 2019, the USCIS scheduled an interview for our client. On January 28, 2020, our client was requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared her thoroughly at our office and also accompanied them at the interview as well. Eventually, on April 22, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions. 

Once our client received her 10-year green card, our office filed the Motion to Terminate proceedings to the Cleveland Immigration Court on May 1, 2020. As a result of it, on May 5, 2020, the Immigration Judge terminated our client’s removal proceedings. 

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Case: I-130/I-485

Potential Issue: Response to Notice of Intent to Deny

Client: Filipina

Location: Broadview, IL

Our client entered the United States from the Philippines. Later, she married her U.S. citizen husband and they filed an I-130 Petition and I-485 Adjustment of Status Application to the USCIS. In February 2019, they appeared at the adjustment of status interview at the USCIS Chicago Field Office. However, on March 27, 2020, the USCIS issued a Notice of Intent to Deny (NOID).  The NOID claimed that there was substantial and probative evidence that the marital union between the Petitioner and Beneficiary is not bona fide.  Moreover, the NOID pointed out that the submitted documentation of Petitioner and Beneficiary does not establish a bona fide nature of their marriage. 

Our office contacted our office and retained our office on April 10, 2020. In response to the USCIS’s NOID, our office included multiple supporting documents including, joint bank account statements, a joint tax return record, a joint cell-phone bill, and several pictures of our client and her husband in several occasions with different people.  Several legal authorities were cited based on particular issues discussed, and on April 23, 2020, we filed the Response to NOID prior to the 30-day deadline.

Finally, on May 5, 2020, the USCIS approved our client’s case. Both the I-130 Petition and I-485 Green Card Application were approved. Our client is now a green card holder.

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Case: I-485

Potential Issue: Response to RFE

Client: Chinese

Location: Millburn, NJ

Our client came from China and filed her I-485 adjustment of status application to the USCIS in February 2019. We were not her attorney of record when she filed the application. On November 8, 2019, the USCIS Newark Field Office issued a Request for Evidence (RFE) asking for proof that our client met the two-year foreign residency requirement or proof that she has an approved waiver of the two-year foreign residency requirement. Our client contacted our office for legal assistance on RFE response and retained our office on November 14, 2019. 

In response to the USCIS’s RFE, our office included an Advisory Opinion by the U.S. Department of State, a copy of our client’s J-1 visa page and DS-2019. Moreover, our office included a detailed brief explaining why our client’s J-1 program was not subject to the two-year foreign residency requirement. On November 18, 2019, we filed the Response to RFE.

Eventually, on May 5, 2020, the USCIS approved our client’s I-485 adjustment of status application. Our client is now a green card holder.

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CASE: EB-3 I-140
EMPLOYER:  Plastic Manufacturing Company in Solon, OH
BENEFICIARY: Nigerian Project Engineer

Our client is from Nigeria. His current employer is willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Chemical Engineering. After talking to our client, our firm concluded that his employer can petition him as a Project Engineer. Based on our client’s educational, professional and workbackgrounds, our office determined that he is eligible for EB-3 classification. 

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 20, 2019, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on June 11, 2019.  On September 3, 2019, we promptly filed PERM.  Eventually, on December 18, 2019, the PERM Labor Certification was approved – an EB3 position for the Nigerian 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, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on December 30, 2019 via regular processing service. However, on March 25, 2020, the USCIS issued Request for Evidence (RFE) for the I-140 petition and requested our client to submit evidence to verify beneficiary’s special skills on the PERM application. Our office prepared and filed the Response to RFE to the USCIS on April 1, 2020.  Eventually, on April 27, 2020, the I-140 EB3 Petition for our Nigerian client was approved.

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

Our client is a U.S. citizen who married his wife in India in October 2018.  After the marriage, he came back to the United States and retained our office for the I-130 and immigrant visa filing for his wife. He retained our office on February 4, 2019. Our office prepared and filed the I-130 petition for his wife on February 11, 2019. The I-130 petition was approved by the USCIS on May 6, 2019. 

Once the I-130 petition was approved, we filed the immigrant visa packets to the National Visa Center on June 27, 2019, who in turn forwarded our client’s materials to the U.S. Embassy in Mumbai, India. An interview notice was set for the client at the U.S. Embassy in Mumbai, and we prepared her for the interview. On December 4, 2019, the interview was conducted.  Eventually, on April 30, 2020, the U.S. Embassy in Mumbai, India approved and issued her immigrant visa.

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

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