CASE: I-751

APPLICANT: Kenyan

LOCATION: Cleveland, OH

Our client contacted our office in May of 2017 regarding her I-751 application.

She is from Kenya and she married a U.S. citizen in November 2013. Through her marriage, she obtained a 2-year conditional green card in August of 2015.  Her conditional residency terminated in August 2017.

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, and our office prepared an I-751 application for our client with other supplemental exhibits.

On July 17, 2017, 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.

Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued the Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with her husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on February 13, 2019.  

As a result, on April 4, 2019, 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: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: California

Our client was a citizen of China who came to the U.S. on a J-2 Visa in January 2012.  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.

She turned 21 in March 2013. She would like to get a waiver because she has a U.S. citizen spouse who can file I-130 petition for her. She can file adjustment of status application along with her husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust 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 March 2013.

Our firm was retained to do her J-2 waiver, and on February 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 March 18, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On April 2, 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

NATIONALITY: Indian                                                                                                       

LOCATION: Cleveland, OH

Our Indian client came to the U.S. on an H-1B visa. In September 2018, our client married his current U.S. citizen wife.  He 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 October 18, 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. On April 5, 2019, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. On the same day, April 5, 2019, his green card application was approved.

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CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland, OH

BENEFICIARY: Slovakian

PETITION FILED: August 13, 2018

PETITION APPROVED: January 23, 2019

K-1 VISA APPROVED: March 14, 2019

Our client, a US Citizen Petitioner, met his fiancée in March 2018.  They started their relationship, and spent time together in Slovakia. They got engaged and our client decided to file a fiancé petition for his fiancée.  He retained our firm to file a fiancé petition for her on July 31, 2018.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on August 13, 2018.

On January 23, 2019, the I-129F fiancé petition was approved. On March 14, 2019, our client’s fiancée appeared at the U.S. Embassy in Bratislava, Slovakia for her K-1 visa interview. The interview went well, and after the interview, the U.S. Embassy issued her K-1 visa.

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

NATIONALITY: Malaysian

LOCATION: California

Our Malaysian client came to the U.S. on a J-1 Visa in August 2015 to work as a post-doctoral researcher. In August 2018, our client was offered a position as a tenured-track assistant professor at a state university. Her prospective employer would like to file an I-129 (H-1B) petition for her to change her status from J-1 to H-1B. However, her J-1 visa made her subject to the two-year foreign resident requirement. Due to the two-year foreign residency requirement, she had to obtain a waiver first before she could change her current status in the United States.

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Malaysian Embassy in the United States.  Our office contacted the Malaysian Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested different documents including a statement of reason for the waiver.

On August 10, 2018, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian Consulate General Office in LA to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a change of status application but for the waiver.

The Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. The Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on March 28, 2019.   

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CASE: Green Card Approval after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: British
LOCATION: Applicant (Dallas, TX area), EOIR (Los Angeles, CA)

Our client is from the United Kingdom who came to the U.S. on a visa waiver in 2002. Soon after her entry to the U.S., she filed for asylum in the United States. Her asylum application was denied at the Los Angeles Immigration Court in October 2003. She has appealed the Immigration Judge’s decision to the Board of Immigration Appeals and the BIA found to remand her case to the Immigration Court in July 2009. Her case was administratively closed by the immigration judge in August 2014.  

Our client married her U.S. citizen husband in December 2013. In August 2014, her husband filed an I-130 petition for her, and this petition was approved in November 2016. In January 2017, she contacted our office to seek legal assistance for the representation of her removal proceedings, termination of removal proceedings, and her adjustment of status application with the USCIS.

In October 9, 2017, our office filed a request to Motion to Re-Calendar and terminate proceedings with an attached I-485 application and its supporting documents to the Los Angeles Immigration Court. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on October 17, 2017.

After her removal proceeding was terminated, our client retained us again for her I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on November 10, 2017. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients. On March 25, 2019, our client was interviewed at the Irving, Texas USCIS Field Office.  After the interview, her I-485 application was approved on March 26, 2019. Now, our client became a green card holder.

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CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Filipina

LOCATION: Ohio

Our client contacted our office in June 2017 regarding her potential I-751 filing. She came to the United States from the Philippines and she married a U.S. Citizen (her ex-husband) in June 2015.

Through her marriage, she was able to obtain a 2-year conditional green card in November of 2015. Thus, her conditional residency terminated in November 2017.

Unfortunately, their marriage ended in May 2016. Our client experienced a lot of difficulties during her marriage with her ex-husband. Thus, our client could not file the I-751 application jointly with her ex-husband.

Once retained, we requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition. We focused on the supporting documents that she can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.

On July 17, 2017, our office filed the I-751 application with various supporting documents to demonstrate our client’s bona fide marriage with her ex-husband.  

In January 2019, the USCIS scheduled an I-751 interview for our client.

Prior to the interview, our office thoroughly prepared our client via conference calls and informed her of potential issues at the interview.

On January 31, 2019, our client was interviewed for her I-751 application at the USCIS Cincinnati, OH Field Office.  The interview was very extensive. Nevertheless, the USCIS approved our client’s I-751 application on March 28, 2019. Now, she has her ten-year green card.

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CASE: I-485 Adjustment of Status / I-140 (EB-2 Category) / Schedule A

APPLICANT: Korean Nurse Practitioner

LOCATION: Cleveland, Ohio

Our client is a certified nurse practitioner. Her current employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, she was eligible for “Schedule A” classification.

The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Nurse Practitioner is included in Schedule A.

Our client has a Bachelor’s and Master’s degree in nursing and is a certified Nurse Practitioner. Our office was retained on August 1, 2017, and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 18, 2018 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  

However, on January 29, 2018, the USCIS Nebraska Service Center issued the Request for Evidence (RFE) for our client’s I-140 petition. The USCIS requested our client to submit her official transcript. Our office immediately filed Response to RFE with our client’s official transcript. Eventually, on February 8, 2018, the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

Once the I-140 petition was approved, our client retained our office again for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on August 22, 2018. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On March 22, 2019, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. Eventually, on March 27, 2019, her green card application was approved.

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CASE: Immigrant Visa / EB-3 I-140 Petition
APPLICANT: Kenyan Sales Manager

LOCATION: Nairobi, Kenya

Our client is from Kenya, who used to work in the U.S. with his H-1B status. His former employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor of Business Administration Degree and has worked for the current employer as a Sales Manager. After talking to our client, our firm concluded that his employer can petition him as a Sales Manager. Based on our client’s education and work background, our office determined that he is clearly 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 5, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on July 6, 2016. On September 27, 2016, we promptly filed PERM. Eventually, on November 22, 2016, the PERM Labor Certification was approved – an EB3 position for the Kenyan 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, ability to pay letter, and other necessary supporting documents. The I-140 petition was filed on December 9, 2016 via premium processing service. However, the USCIS issued Request for Evidence (RFE) on December 21, 2016 and request our client to submit documents regarding Beneficiary’s special skills for the proposed job position and employer’s ability to pay proffered wage. Our office prepared and filed Response to RFE to USCIS on January 3, 2017.  Eventually, on January 5, 2017, the I-140 EB-3 Petition for our Kenyan client was approved.

After the approval of the I-140 petition, our client retained us again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on November 29, 2018, who in turn forwarded the client’s materials to the U.S. Embassy in Nairobi, Kenya. An interview notice was set for the client at the U.S. Embassy in Kenya. On March 7, 2019, our client appeared at the U.S. Embassy in Nairobi, Kenya. Eventually, on March 22, 2019, the Immigrant Visa was issued for our client.

With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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

NATIONALITY: Chinese

LOCATION: Pennsylvania

Our client is a citizen of China who came to the U.S. on a J-2 Visa in 1995.  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.

She turned 21 in May 2010. She would like to get a waiver because she has a prospective employer who will 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 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 May 2010.

Our firm was retained to do her J-2 waiver, and on January 28, 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 4, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On March 19, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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