CASE: I-130 / I-485

NATIONALITY: Philippines

LOCATION: Bronx, New York

Our client came from the Philippines on a J-1 in April 2015 to work as a visiting research fellow. Based on her DS-2019, she was subject to the two-year foreign residency requirement.

In November 2016, 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 December 23, 2016, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the New York State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in New York for further authentication.  On February 23, 2017, 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 July 6, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on July 25, 2017, 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 Adjustment of Status Application on August 29, 2017.  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 April 11, 2019, our client was interviewed at the New York, NY USCIS office.  The interview went well, and eventually, on April 22, 2019, her green card application was approved.

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Columbus, OH

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. She is a post-doctorate researcher from South Korea and she is an exceptional researcher and scientist in the field of cancer biology and biomedical research.

Our client’s significant contributions have placed her at the pinnacle of her field. She has developed several animal models for breast cancer and pancreatic cancer focusing on the Brca1/2 and Palb2 genes. Individuals carrying mutations in these genes are highly predisposed to breast and pancreatic cancer. Specifically, by using her mouse models, she studied Palb2 pancreatic tumor pathology, characterizing differences and similarities of such cancers caused by Brca1/2 or Palb2 mutations and determined therapeutic effects of different chemotherapy drugs on these model mouse tumors. Our client’s experimental results provided important clues concerning treatment for human cancers initiated due to Brca1/2 or Palb2 mutations. Moreover, her research works 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 definitely 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 7 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included her 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 her field of endeavor, that she 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 her I-140(NIW) petition to the USCIS Nebraska Service Center on September 25, 2018. Eventually, on April 16, 2019, the USCIS approved her I-140 petition without any Requests for Evidence.  She can file her adjustment of status application now since her priority date is current.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Pakistani

LOCATION: North Augusta, South Carolina

Our client contacted us in January 2019 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Pakistan and obtained his green card in November 2006. Our client left for Pakistan on February 2, 2013 and returned on January 31, 2015 on a reentry permit.

A person whose continuous residence has been broken may reapply 4 years and 1 day following the date of her or his return to the U.S. to resume residency. 8 C.F.R. § 316.5(c)(1)(ii). In this case, our client had an absence of a 1 year or more, whish disrupted the continuity of his residence. 8 C.F.R. § 315.5(c)(1)(ii). He left for Pakistan on February 2, 2013 and returned on January 31, 2015 on a reentry permit. However, it has been more than 4 years and 1 day following the date of his return. Therefore, he may reapply.

Once retained, his N-400 application was filed on February 5, 2019 with all supporting documents and a detailed cover brief. Prior to his citizenship interview, our office prepared him via conference calls.  On April 15, 2019, our client appeared at the Charleston, South Carolina USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview.

Eventually, his application was approved on April 16, 2019. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Lebanese

LOCATION: Marlborough, MA

Our client is a Lebanese Citizen who came to the U.S. on a J-2 Visa in November 2012. She came with her husband who held a J-1 Visa. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and she eventually got divorced from her ex-husband. Later, she married her current U.S. citizen husband. She was still subject to the two-year foreign residency requirement, and she would like to adjust her status in the United States. Until she gets a waiver of the 2-year foreign residency requirement, she cannot adjust her status in the United States.

She contacted our office, and our firm was retained to do her J-2 waiver on August 13, 2018.

On August 16, 2018, the J-2 Waiver Application along with the Form DS-3035 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 was divorced from the J-1 visa holder.

On September 19, 2018, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver.

After we received the waiver, our client retained us again and sought legal assistance for her adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 27, 2018.  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 April 18, 2019, our client was interviewed at the Boston Massachusetts 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: I-130 (Petition for Mother) and Adjustment of Status

CLIENT: Indian

LOCATION: Cleveland, OH

Our client retained us to petition for her mother for her green card. Our client was born and raised in India, but was naturalized in the United States in 2014. She contacted our office in November of 2018 and discussed with us the green card process. After consultation, she retained our office on November 20, 2018.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Applications on November 28, 2018 for her mother.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On April 12, 2019, our client appeared at her I-485 adjustment of status interview at Cleveland, Ohio USCIS Field Office. Attorney JP Sarmiento accompanied our clients as well. Eventually, on the same day of her interview, our client’s mother’s adjustment of status application was approved. Now, she is a green card holder.

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

NATIONALITY: Korean

LOCATION: California

Our client is a citizen of South Korea who came to the U.S. on a J-2 Visa in February 2004.  She came with her 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.

She turned 21 in January 2006.  This year, she became an Assistant Professor with a tenured track; thus, her employer is willing to file the 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 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 January 2006.

Our firm was retained to do her J-2 waiver, and on February 27, 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 March 22, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On April 5, 2019, 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: Mexican

LOCATION: Pennsylvania

Our client came to the United States from Mexico on a B-2 visitor’s visa in 2002. He has remained in the United States since then.  He married a U.S. Citizen in February 2018 and retained our office for his green card application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 20, 2018.  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 March 12, 2019, our client was interviewed at Philadelphia, Pennsylvania USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well.

The interview went well. However, the USCIS issued Request for Evidence (RFE) for our client to submit his updated medical record (I-693) and certified court disposition for his previous minor criminal record.  Our office filed the Response to RFE on April 4, 2019. Eventually, on April 12, 2019, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: San Antonio, TX

Our client came to the United States from Nigeria on a F-1 student’s visa in August 2015. He married a U.S. Citizen in July 2018 and retained our office on July 26, 2018 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 11, 2018. 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 as well. On April 11, 2019, our client was interviewed at the San Antonio, Texas USCIS office. Eventually, on the same day of his interview, his green card application was approved.

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Gabonese
LOCATION: Cleveland, OH

Our client came to the United States in July 2011 with a B-2 visitor’s visa from Gabon.  Later, she filed for asylum and her asylum application was denied by the immigration judge in Cleveland. She filed a BIA appeal and the BIA remanded her case in 2016.  She married a U.S. Citizen in October 2017. Our client’s husband filed an I-130 petition on behalf of our client, and this I-130 petition was approved by the USCIS Cincinnati Field Office in August 2018. However, she also applied for adjustment of status and this was administratively closed due to removal proceedings.  Our client contacted our office to seek legal representation.

Our client retained us on November 16, 2018. Thereafter, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the Cleveland Immigration Court at her Master Calendar hearing on December 11, 2018. We withdrew our client’s asylum case as well.   

On April 12, 2019, Attorney Sung Hee (Glen) Yu represented our client’s at her Individual Hearing for adjustment of status at the Cleveland Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status relief. Our client’s removal proceeding is terminated simultaneously. Now, our client becomes a green card holder.    

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                    

LOCATION: Mississippi

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor’s visa in October 2014. Her J-1 program was not subject to the 2-year foreign residency requirement (INA Section 212(e)).  In May 2017, our client married her current U.S. citizen husband. After she got married, she retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 8, 2018.  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 at our office via conference calls. On March 19, 2019, our client was interviewed at the New Orleans, Louisiana USCIS office. Eventually, on April 8, 2019, her green card application was approved.

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