CASE: J-1 No Objection Statement Waiver
NATIONALITY: Indian
LOCATION: Austin, TX

Our Indian client came to the U.S. on a J-1 Visa in December 2006.  He came to the U.S. for business training, and his J-1 visa made him subject to the two-year foreign resident requirement.

After his J-1, he changed status to H-1B and maintained his status in the United States.

In April 2013, our client got engaged with his U.S. citizen fiancée and they planned to get married in October 2013. His fiancée eventually will file an I-130 petition for our client and our client will simultaneously file an I-485 adjustment of status application. But due to the two-year foreign residency requirement, he had to obtain a waiver first.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indian Embassy in the United States.  Our office made sure we knew all the requirements needed for their office to issue a no objection statement.

On June 3, 2013 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would be eligible to file a marriage based adjustment of status application but for the waiver.

The Indian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 6, 2013, 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 August 13, 2013.  Now that our client’s two-year foreign residency requirement is waived, he can file an adjustment of status application with his wife’s I-130 petition once they get married.

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CASE: J-1 Visa Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Colorado

Our Filipina client came on a J-1 visa in July 2008. Upon completion of her J-1 program, she remained in the United States and overstayed. She was subject to the two-year foreign residency requirement.

In March 2011, she got married to her U.S. citizen husband and later consulted with our firm for her J-1 visa waiver. She had to do this first before becoming eligible to adjust status.

Upon retention, our office prepared and filed a waiver request based on the No Objection Statement (NOS) from the Philippine Embassy in the United States.

On May 17, 2012, the J-1 Visa Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Illinois, Minnesota, and Colorado State Government to get authentication for necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippine Government) were sent to the Philippine Consulate in Chicago for further authentication (she was residing in Minnesota at the time of the authentication process).  On July 26, 2012, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. The Waiver Review Committee eventually approved the No Objection request and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement to the U.S. Department of State.

On February 25, 2013, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 8, 2013, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment of status application along with her U.S. Citizen husband’s I-130 petition.

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CASE: Marriage-Based Adjustment of Status.

NATIONALITY:Indonesian

LOCATION: Cleveland, OH

Our client is from Indonesia who came to the U.S. on a J-1 Visa in July 2007.  He came to the U.S. for business training, but his J-1 program was subject to two-year foreign resident requirement. He overstayed.

In June 2012, our client married his U.S. Citizen wife.  He is eligible to get a green card through his marriage, but he had to get a waiver of his two-year foreign residency requirement first. In order to get a waiver of his two-year foreign residency requirement, he consulted with our office and later decided to retain our office on June 26, 2012.

As our previous success story explained, our office worked on our client’s J-1 waiver. Eventually, the Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 16, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS issued an I-612 approval notice for our client’s waiver of two-year foreign residency on November 19, 2012.

After we received the I-612 waiver, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on November 29, 2012. 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 February 13, 2013, our client was interviewed at the Cleveland USCIS office.  We accompanied our client at his interview as well.  On the same day, his green card application was approved.

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

NATIONALITY: Indonesian

LOCATION: San Francisco, CA

Our Indonesian client came to the U.S. on a J-1 Visa in September 2007.  He came to the U.S. for his research program, and his J-1 visa had him subject to the two-year foreign residency requirement.

He wished to take advanced studies to pursue his Master’s degree in the United States and got a student visa in Indonesia. He came back to the United States in 2011, completed his master’s program and thereafter applied for OPT.

His research and higher education enhanced his interest in the field, and he wanted to further his research and development acumen. However, since most of the research projects that interest him will take a longer time, and since some of the projects he has discussed have resulted in the employers/institutions inquiring whether he is eligible to work beyond his OPT, he anticipated that most employers will eventually wish to petition him for an alternate form of visa such as an H-1B.

However, due to the two-year foreign residency requirement, he had to obtain a waiver first before he could change his current status in the United States.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  We included nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Indonesian passport, and a copy of Form DS-3035.

On November 2, 2012 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian Embassy 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 Indonesian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.

On December 6, 2012, 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 December 18, 2012.  Now that our client’s two-year foreign residency requirement is waived, he can be a beneficiary of other non-immigrant visa petitions in the United States without having to go back to Indonesia for 2 years.

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CASE: J-1 Waiver (No Objection Statement)
NATIONALITY: Philippines
LOCATION: New Mexico

Our Filipina client came on a J-1 visa in October 2011. Upon completion of her J-1 program, she remained in the United States and overstayed. She was subject to the two-year foreign residency requirement.

In March 2012, she got married to her U.S. citizen husband and later consulted with our firm for her J-1 visa waiver. She has to do his first before becoming eligible to adjust status.

Upon retention, our office prepared and filed a waiver request based on a No Objection Statement (NOS) from the Philippine Embassy in the United States.

On August 15, 2012, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the New Mexico State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippine Government) were sent to the Philippine Consulate in Los Angeles for further authentication.  On November 26, 2012, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. The Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement to the U.S. Department of State.

On December 6, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on December 28, 2012, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment of status application along with her U.S. Citizen husband’s I-130 petition.

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

NATIONALITY: Indonesian

LOCATION: Cleveland, Ohio

Our Indonesian client came to the U.S. on a J-1 Visa in July 2007.  He came to the U.S. for business training, and his J-1 visa made him subject to the two-year foreign resident requirement.

In June 2012, our client married his U.S. Citizen wife and he wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, he had to obtain a waiver first.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office contacted the Indonesian 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 nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Indonesian passport, and a copy of Form DS-3035.

On July 10, 2012 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a marriage based adjustment of status application but for the waiver.

The Indonesian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 16, 2012, 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 November 19, 2012.  Now that our client’s two-year foreign residency requirement is waived, he can file for adjustment of status application with his wife’s I-130 petition.

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Nepalese
LOCATION: Maryland
FILED: August 24, 2012
APPROVED: October 15, 2012

Our Nepalese client came to the U.S. on a J-1 Visa in August 2006. She came to the U.S. for hospitality training, and her J-1 visa made her subject to the two-year foreign resident requirement.

Upon the completion of her program in 2007, she went back to Nepal and came back to the United States with a Q-1 visa. She did not fully fulfill her 2 year foreign residency requirement in Nepal.

In May 2009, our client married his U.S. Citizen husband and she wanted to apply for permanent residency. Her husband filed an I-130 petition, and this was approved by the USCIS in February 2011. However, due to the two-year foreign residency requirement, she had to obtain a waiver first before she file the adjustment of status application. Either that or she has to go back to Nepal and finish her two-year requirement..

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Nepalese Embassy in the United States. Our office contacted the Nepalese Embassy in Washington D.C. to make sure we had all the requirements needed for their office to issue a no objection statement. The Embassy requested numerous documents including a statement of reason for the waiver, the applicant’s resume, a copy of her valid Indonesian passport, the approved copy of I-130 notice, a copy of DS-2019, and a copy of Third Party Bar Code Page

On August 24, 2012 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State. We also sent a request to the Nepalese Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a marriage based adjustment of status application but for the waiver.

The Nepalese Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. On September 24, 2012, 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 October 15, 2012. Now that our client’s two-year foreign residency requirement is waived, she can file her green card / adjustment of status application with the approved I-130 petition.

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Indonesian
LOCATION: New York, NY
FILED: August 2, 2012
DOS RECOMMENDATION: September 24, 2012
I-612 APPROVAL: October 5, 2012

Our Indonesian client came to the U.S. on a J-1 Visa in September 2000. She came to the U.S. for business training, and her J-1 visa made her subject to the two-year foreign resident requirement. She overstayed, and worked various jobs in New York.

In June 2012, our client married her U.S. Citizen husband and she wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in Washington DC. Our office contacted the Indonesian 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 nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of her valid Indonesian passport, and a copy of Form DS-3035.

On August 2, 2012 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State. We also sent a request to the Indonesian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a marriage based adjustment of status application but for the waiver.

The Indonesian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. On September 24, 2012, 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 October 5, 2012. Now that our client’s two-year foreign residency requirement is waived, she can file for adjustment of status application with her husband’s I-130 petition.

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CASE: Marriage-Based Adjustment of Status.
NATIONALITY: Indonesian
LOCATION: Cleveland, OH

The marriage-based green card approval we got recently was for an Indonesian client who came to the U.S. on a J-1 Visa in April 2008.  He came to the U.S. for business training, but his J-1 program subjected him to the two-year foreign residency requirement. In October 2011, our client married his U.S. Citizen wife.  He had to get a waiver of his two-year foreign residency requirement so he consulted with our office and later retained us on January 4, 2012.

As explained in a previous success story, our office worked on our client’s J-1 waiver.  Eventually, the Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On February 16, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice for our client’s waiver of the two-year foreign residency requirement on March 7, 2012.

After we received the I-612 waiver, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on April 24, 2012.  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 August 9, 2012, our client was interviewed at the Cleveland USCIS office.  We accompanied our client at his interview as well.  On August 10, 2012, his green card application was approved.

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Case: I-130/I-485
Issue: Visa Waiver Entry
Applicant/Beneficiary – Italian
Location: Cleveland, Ohio

Our client entered the United States from Italy in January 2012 under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days. However, she has remained in the United States ever since.

Our client is a doctor, and she mentioned that she came on a J-1 visa before. So even though old visas and passports were not required, we asked her to show us those, together with her old DS-2019, so that we could check if she was subject to the 2-year foreign residency requirement. Our first inclination was that she was subject, as most J-1 entrants who are physicians are. When we saw the J-1 documents, we found out that she indeed was not subject. And so we proceeded with the adjustment of status case.

She married her U.S. Citizen spouse in September 2011 in Italy and her U.S. citizen husband filed an I-130 petition on October 4, 2011.  One main issue in her green card application through marriage was the fact that she came to the United States under the visa waiver program. As our office wrote in a previous success story with a similar issue, under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum). The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability; it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Our office filed the I-485 Adjustment of Status Application on March 5, 2012. Our office requested the CIS to exercise favorable discretion in granting adjustment of status despite her visa waiver entry.  Everything went smoothly and the receipt notices, fingerprint appointment, and the work permit all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients. On May 15, 2012, our client was interviewed at the Cleveland, Ohio USCIS Field Office. We accompanied them at the interview as well. Despite the visa waiver entry and subsequent adjustment of status issue, the USCIS officer approved her green card application on the same day. Now, our client is a green card holder.

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