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.

{ 0 comments }

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.

{ 0 comments }

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.

{ 0 comments }

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.

{ 0 comments }

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.   

{ 0 comments }

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.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Italian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Italy who came to the U.S. on a B-2 visitor’s visa in April 2018. In August 2018, our client married his current U.S. citizen wife.  He retained our office on August 21, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 17, 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 March 22, 2019, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients at their interview as well.  The interview went well and eventually his green card application was approved after the interview.

{ 0 comments }

CASE: Fiancé Visa

PETITIONER: US Citizen in Grand Rapids, MI

BENEFICIARY: British

PETITION FILED: June 27, 2018

PETITION APPROVED: January 8, 2019

K-1 VISA APPROVED: March 18, 2019

Our client, a US Citizen Petitioner, met his fiancée in 2016.  They started their relationship, and visited each other several times.  They decided to get married and our client decided to file a fiancé petition for his fiancée.  He retained our firm to file a fiancé petition for her on June 11, 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 June 27, 2019.

On January 8, 2019, the I-129F fiancé petition was approved. On March 18, 2019, our client’s fiancée appeared at the U.S. Embassy in London, United Kingdom for her K-1 visa interview. The interview went well, and after the interview, the U.S. Embassy issued her K-1 visa.

{ 0 comments }

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Extreme Hardship

NATIONALITY:  Nepalese

LOCATION: South Dakota

Our Nepalese client came to the U.S. as a J-1 scholar with a Fulbright scholarship in 2014.  His J-1 status made him subject to the two-year foreign resident requirement. Our client would like to file his adjustment of status application along with his I-140 NIW application; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under No Objection Statement or Interest Government Agency (IGA). Our client also received government funding (Fulbright scholarship) for his research programs which made his case pretty much impossible for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen son is experiencing exceptional medical hardships.

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.”

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978).

After he retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On October 3, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen son’s medical conditions.  On October 20, 2017, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s son would experience exceptional hardship if our client needs to go back to Nepal for two years.

However, the USCIS issued Request for Evidence on July 25, 2018 and requested more hardship evidence from our client. Our office filed Response to RFE on August 29, 2018.

Eventually, the USCIS approved his I-612 waiver on March 13, 2019. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his NIW I-140 self-petition in the United States.  

{ 0 comments }

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement – Hardship

NATIONALITY:  Iranian

LOCATION: Alabama

Our client came from Iran as a J-1 short-term scholar in 2011.  In 2012, he got his F-1 status as a Ph.D. Student in the United States. His J-1 visa made him subject to the two-year foreign residency requirement. Our client would like to file his adjustment of status application along with his I-140 NIW application; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen daughter is experiencing exceptional medical hardships.

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.”

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978).

After he retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On September 7, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen daughter’s medical conditions.  On September 25, 2017, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s daughter would experience exceptional hardship if our client needs to go back to Iran for two years.

However, the USCIS issued Request for Evidence on July 5, 2018 and requested more hardship evidence from our client. Our office filed Response to RFE on July 19, 2018.

Eventually, the USCIS approved his I-612 waiver on March 4, 2019. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his NIW I-140 self-petition in the United States.  

{ 0 comments }