CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Indonesian

LOCATION: Atlanta, GA

Our client came to the United States in July 2017 as a K-1 visa entrant from Indonesia.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.

Our client contacted our office initially in August 2017 and consulted with us for her adjustment of status application. After the retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on September 6, 2017.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.

Thereafter, the USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients via conference calls. On October 23, 2018, our clients were interviewed at the Atlanta, Georgia USCIS office. After the interview, her green card application was approved on the same day.

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CASE: I-360 and adjustment of status

CLIENT: Malaysian

LOCATION: Washington DC

Our clients’ father is a G-4 visa holder from Malaysia, who works for an international organization in the United States.  He has a son who came to the United States with him and sought legal assistance from our firm for his son’s permanent residency in the United States based on a special immigrant provision under the INA.

INA 101(a)(27)(I)(i) defines such an alien as “an immigrant who is the unmarried son or daughter of an officer or employee, or of a former officer or employee, of an international organization described in paragraph (15)(G)(i), and who:

1. While maintaining the status of a G4 nonimmigrant, has resided and been physical present in the United States for periods totaling at least one-half of the seven years before the date of application and for a period or periods aggregating at least seven years between the ages of five and 21 years
2. Applies for adjustment of status no later than his or her twenty-fifth birthday…

Based on this provision, we advised our client that his son will be eligible for adjustment of status application. He has been physically present in the U.S. for a period totaling at least one-half of the seven years before this date, aggregating at least seven years between the age of 5 and 21.  

Our client’s father retained our office on September 6, 2017.  Our firm prepared and filed the I-360 Petition and Adjustment of Status Application on January 31, 2018.  We included the letter from his father’s international organization for the verification purposes and their school transcript as well. Once the applications were filed, everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Eventually, on May 31, 2018, the USCIS approved both of I-360 and I-485 application for our client’s son.  He now becomes a green card holder.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Montana

Our client came from the Philippines on a J-1 Visa in August 2015 to work as a teacher. Based on her visa and DS-2019, she was subject to the two-year foreign residency requirement.

In February 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 March 8, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana 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 Chicago for further authentication.  On April 11, 2018, 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 August 6, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 29, 2018, 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.

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

NATIONALITY: Chinese

LOCATION: Madison, WI

Our client is a citizen of China who came to the U.S. on a J-2 Visa in 2013.  He came with his 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.

He turned 21 in March 2018. He would like to get a waiver because he has a prospective employer who will file the H-1B petition for me next year. 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 March 2018.

Our firm was retained to do his J-2 waiver, and on August 16, 2018, 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 September 4, 2018, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On September 26, 2018, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland OH

BENEFICIARY: Brazilian

PETITION FILED: August 18, 2017

PETITION APPROVED: March 27, 2018

K-1 VISA APPROVED: August 21, 2018

Our client, a US Citizen Petitioner, met his fiancée in 2015. They started their relationship, and he visited Brazil for 15 days.  He went to Brazil again in 2016 and stayed there for 4 months with his fiancée. 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 15, 2017.

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 18, 2017.

On March 27, 2018, the I-129F fiancé petition was approved. On August 21, 2018, our client’s fiancée appeared at the U.S. Consulate General in San Paolo, Brazil 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-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: DR Congo

LOCATION: Washington, DC

Our client is a citizen of Democratic Republic of Congo who came to the U.S. on a J-2 Visa in 2006.  She came with her father who was 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 2014. She would like to get a waiver because she has a prospective employer who will file the H-1B petition for her next year. 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 March 2014.

Our firm was retained to do her J-2 waiver, and on June 28, 2018, 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 July 20, 2018, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On August 27, 2018, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

NATIONALITY:  Iraqi

LOCATION: Charlotte, NC

Our client came to the U.S. on a J-1 Visa in August 2013 from Iraq.  He came to the U.S. for his undergraduate program, and his J-1 visa made him subject to the two-year foreign resident requirement. Our client would like to file an asylum or file an adjustment of status 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). Moreover, our client could not pursue his J-1 waiver based on exceptional hardship standard. Nonetheless, our client could pursue J-1 waiver under persecution category since he believes that he will be persecuted based on his religion (Shiite Muslim).

A person can file the J-1 waiver under the persecution basis if the person believes that he or she will be persecuted based on his/her race, religion, or political opinion if he or she returns to his or her home country, he/she may apply for a persecution waiver. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of persecution.

Our client believed that he would be persecuted if he goes back to Iraq by ISIS based on his belief. His opinions, beliefs, and religious practice as a Muslim Shiite basically go against the beliefs and objectives of ISIS.  After he retained our firm, we prepared and filed a waiver request through a persecution basis. On August 2, 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 to show that he will be persecuted in Iraq if he goes back. On August 18, 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 will be persecuted if our client needs to go back to Iraq for two years.

Eventually, the Department of State recommended a waiver for our client on June 26, 2018. Subsequently, the USCIS approved his I-612 waiver on August 16, 2018. Now that our client’s two-year foreign residency requirement is waived, he can file asylum in the United States.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Montana

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement.

In August 2017, she got married 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 February 14, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana 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 Chicago for further authentication.  On April 2, 2018, 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 23, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on August 7, 2018, 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.

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CASE: Fiancé Visa

PETITIONER: US Citizen in Houston, TX

BENEFICIARY: Filipina

PETITION FILED: June 5, 2017

PETITION APPROVED: January 2, 2018

K-1 VISA APPROVED: April 6, 2018

Our client, a US Citizen Petitioner, has known his fiancée since 2016. They started their relationship, and he visited the Philippines in September 2016.  In February 2017, our client went back to the Philippines to see his fiancée. 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 May 17, 2017.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on June 5, 2017.

On January 2, 2018, the I-129F fiancée petition was approved. On April 6, 2018, our client’s fiancé appeared at the U.S. Embassy in Manila, Philippines for her K-1 visa interview. The interview went well, and the U.S. Embassy issued her K-1 visa. With the issued K-1 visa, our client’s fiancée came to the United States and married our client in May 2018. She already filed her adjustment of status application to the USCIS.

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CASE: Fiancé Visa

PETITIONER: US Citizen in New York

BENEFICIARY: British

PETITION FILED: October 16, 2017

PETITION APPROVED: April 16, 2018

K-1 VISA APPROVED: July 10, 2018

Our client, a US Citizen Petitioner, has known her fiancé since 1996. They started their relationship in 2017, and she visited the United Kingdom.  In August 2017, our client’s fiancé came to the United States and spent time with our client and went back to the United Kingdom. They decided to get engaged and our client decided to file a fiancé petition for her fiancé.  She retained our firm to file a fiancé petition for him on October 9, 2017.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on October 16, 2017.

On April 16, 2018, the I-129F fiancée petition was approved. On June 26, 2018, our client’s fiancé appeared at the U.S. Embassy in London, U.K. for his K-1 visa interview. The interview went well, and on July 10, 2018, the U.S. Embassy issued his K-1 visa.

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