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

NATIONALITY: Korean                                                                                                           

LOCATION: Columbia, MD

Our client is from South Korea who came to the U.S. on a J-1 Visa in August 2009. Later, she changed her status from J-1 to J-2 after she got married. Thereafter, she changed her status from J-2 to H-4 as her husband got his H-1B status. Prior to his H-1B filing, her husband got a J-1 visa waiver; thus, she thought she does not need her J-1 waiver to change her status. Her husband has an approved EB-1 I-140 petition. Our client and her husband would like to file their adjustment of status application; however, in order to file her adjustment of status, she needs a waiver. 

Our client contacted our office and retained our office on December 11, 2019 for her J-1 waiver case. Once retained, Attorney Sung Hee (Glen) Yu from our office promptly contacted the Korean Consulate General Office in Atlanta to pursue the waiver for our client.  The Consulate office requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On January 2, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust in the United States if he obtains the waiver.

The Korean Consulate General in Atlanta promptly forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On March 11, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, the USCIS has issued an I-612 approval notice on March 23, 2020.

{ 0 comments }

CASE: H-1B Extension

PETITIONER: Waste Management Company

BENEFICIARY: Indian Chief Financial Officer

LOCATION: Hudson, MA

Our client is a wastewater treatment and management company in Hudson, MA. They contacted our office in early December 2019 to seek legal assistance from our office for their foreign employee. The beneficiary is from India and obtained her Master’s degree in Business Administration. The proffered position for the Beneficiary is a Chief Financial Officer which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Master’s Degree in Business Administration or its equivalent.  

The foreign beneficiary in this case already had her H-1B visa from our client (her current employer).  She wanted to extend her H-1B status. 

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on January 17, 2020. Since this petition was based on the extension, this petition was exempted from the annual cap of the H-1B.  Thus, we could file prior to the April 1. On January 30, 2020, our office sent premium processing upgrade request to the USCIS for this H-1B petition.

However, the USCIS issued Request for Evidence for our client’s H-1B case on February 14, 2020. The USCIS argued that proffered CFO position is not a “specialty occupation.” Our office filed an extensive RFE response to the USCIS on February 27, 2020.  Eventually, our client’s H-1B Petition was approved on March 12, 2020. Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for next three years.

{ 0 comments }

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

NATIONALITY: Chinese

LOCATION: Bloomington, IN

Our client was a citizen of China who came to the U.S. on a J-2 Visa in August 2008.  She came with her mother who came on a J-1 Visa for her research work 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 August 2017.  She has a prospective employer that was willing 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 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 August 2017.

Our firm was retained to do her J-2 waiver, and on January 3, 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 a J-1 visa holder anymore.  Eventually, on February 5, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On March 2, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

{ 0 comments }

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

NATIONALITY: Indonesian                                                                                                     

LOCATION: Van Buren, AR

Our client is from Indonesia who came to the U.S. on a J-1 Visa in February 2001.  He came to the U.S. for work training, but his J-1 program is subject to the two-year foreign resident requirement.  After his J-1 program was completed, he remained in the United States. In October 2019, our client married his U.S. Citizen wife. He is eligible to get a green card through his marriage to a U.S. citizen; however, before we file his I-130/I-485 application simultaneously, he has to get a waiver of his two-year foreign residency requirement. 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 November 6, 2019. 

Once retained, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office and our client promptly contacted the Indonesian Embassy in Washington D.C. to pursue the waiver for our client.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of valid Indonesian passport, and a copy of Form DS-3035 application.  

On November 19, 2019, 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 is eligible to file marriage based adjustment of status. 

The Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On January 8, 2020, 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 two-year foreign residency program on February 26, 2020.  Now, our client can file his adjustment of status application along with I-130 petition.

{ 0 comments }

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

NATIONALITY: Korean

LOCATION: Stanford, CA

Our client was a citizen of South Korea who came to the U.S. on a J-2 Visa in July 2001.  He came with his mother who came on a J-1 Visa for her medical residency 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.

He turned 21 in September 2017.  He plans to file his adjustment of status with NIW petition.  However, because of his two-year foreign residency requirement, our client cannot change his 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 September 2017.

Our firm was retained to do his J-2 waiver, and on November 21, 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 January 28, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On February 18, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: British

LOCATION: Moreland Hills, OH

Our client came to the United States from the United Kingdom on a B-2 visitor’s visa. Though he had his permanent residency in the U.S. before, he abandoned itt. He married a U.S. Citizen in April 2019 and retained our office on May 3, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 11, 2019. 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 February 10, 2020, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients as well. Eventually, on February 11, 2020, his green card application was approved.

{ 0 comments }

CASE:   Immigrant Visa / I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Mexican

LOCATION: Dayton, Ohio / Ciudad Juarez, Mexico (Visa Interview)

Our client came to the United States from Mexico in 2009 without inspection and admission. He married his U.S. citizen wife in November 2011. With our firm’s legal assistance, his U.S. Citizen wife filed an I-130 petition for him in April 2016. This I-130 petition was approved on August 11, 2016.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility (entry without inspection and admission). He needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of medical hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of his wife.  We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident. His wife has ongoing medical hardships and she would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their child. Also, it would be extremely difficult for her to get the same level of therapy and satisfactory access to medical services in Mexico in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in Mexico, and that his U.S. citizen child and his wife will face extreme emotional difficulties if he is removed.

On October 17, 2016, we filed the I-601A waiver application which included the brief in support, his wife’s extensive medical examination records, and other documents that demonstrated hardship to his wife if he is removed from the United States. Eventually, his I-601A waiver was approved on March 14, 2017. 

Once his I-601A waiver was approved, he retained our office again for his immigrant visa processing. Our office prepared and filed his immigrant visa application on January 15, 2019. In January 2020, the U.S. Consulate in Ciudad Juarez, Mexico informed our office that they scheduled an immigrant visa interview for our client. Our client went back to Mexico to appear at his interview on January 29, 2020. On January 29, 2020, our client appeared at his immigrant visa interview at the Consulate, and the Consulate officer approved his immigrant visa on the same day.

Now, our client successfully came back to the United States with an approved immigrant visa and he will get his green card in a mail within two months. 

{ 0 comments }

CASE: Marriage-Based Adjustment of Status
CLIENT: Nigerian
LOCATION: Lithonia, GA 

Our client is from Nigeria who came to the U.S. on a J-1 Visa in October 2018 to pursue his student internship in New Mexico.  After he finished his J-1 program, he remained in the United States. In April 2018, our client married his current U.S. citizen wife. However, he will not be able to adjust his status unless he gets a waiver of the 2-year foreign residency program.  When he came to the United States in 2018, his program was subject to the 2-year foreign residency program. 

Thereafter, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Nigerian Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Nigerian Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver, the clearance letter from J-1 program sponsor, and a letter of reason for obtaining J-1 waiver.  

On April 18, 2019, 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 marriage to U.S. citizen spouse. 

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 28, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On July 30, 2019, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. 

Once his J-1 waiver was approved, he retained our office on July 31, 2019 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 19, 2019.  Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. Prior to the interview, we thoroughly prepared our client via conference calls. On January 21, 2020, our client was interviewed at the Atlanta, Georgia USCIS Field Office. Eventually, on January 24, 2020, his green card application was approved. 

{ 0 comments }

CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Cherry Hill, NJ

Our client came from the Philippines on a J-1 in January 2018 as an exchange student. According to her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States. 

In December 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 January 30, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 11, 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 December 18, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on January 13, 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.

{ 0 comments }

CASE: Adjustment of Status (F-4 I-130)

CLIENT: British

LOCATION: Brentwood, CA

Our client came to the United States from the United Kingdom as a visa waiver visitor in April 2019. She came to the United States to visit her husband who got his green card based on his U.S. citizen sibling’s petition. Thus, our client was also eligible to file an adjustment of status application as a derivative beneficiary of the approved I-130 petition for her husband. 

She contacted our office for the eligibility of her adjustment status, and after the consultation, she retained our office on April 9, 2019 for her green card application.  Our firm prepared and filed the Adjustment of Status Application on April 18, 2019. 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 January 17, 2020, our client was interviewed at Fresno, California USCIS office. Eventually, on the same day of the interview, her green card application was approved.

{ 0 comments }