CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Montana

Our client came from the Philippines on a J-1 Visa in November 2013 to work as a teacher. Based on 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 October 2015, 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 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 November 2, 2015, 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 Philippine Consulate General in Chicago for further authentication.  On January 5, 2016, 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 March 9, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 24, 2016, 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: H-1B Change of Employer

PETITIONER: Sensor Device Development Company

BENEFICIARY: Japanese Mechanical Engineer

LOCATION: Irvine, CA

Our client is a leading company in providing innovative sensors and health monitoring solutions to problems related to maintenance and safety of civil infrastructure and other structural / material systems. They contacted our office in early February 2016 to seek legal assistance from our office for their foreign employee. The beneficiary is from Japan and obtained his Master’s degree in Mechanical Engineering. The proffered position for the Beneficiary is a Principal Engineer which we argued qualifies as a specialty occupation.

The foreign beneficiary in this case already had his H-1B visa from his previous employer.  However, his H-1B visa was not expired yet, and he wanted to extend his H-1B status on a change of employer basis.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on February 26, 2016 via premium processing service.  Since this petition was based on a change of employer, we argued that this petition was exempt from the annual cap of the H-1B.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on March 8, 2016.  The H-1B approval had the duration of March 2016 to March 2019. Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there for next three years.

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

NATIONALITY: Taiwanese

LOCATION: Rhode Island

Our Taiwanese client came to the U.S. on a J-1 Visa for her post-doctoral research program. Her her J-1 visa made her subject to the two-year foreign residency requirement. She wanted to file for adjustment of status as a derivative applicant of her husband’s employment-based I-140 based adjustment of status application.  However, due to the two-year foreign residency requirement, she had to obtain a waiver first before she files her adjustment of status application in the United States.

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Taipei Economic and Cultural Representative Office in the U.S.  Our office contacted the TECR Office in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Office requested numerous documents including a statement of reason for the waiver, employment letter, the applicant’s resume, a copy of her valid Taiwanese passport, and a copy of Form DS-3035.

On September 15, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Taipei Economic and Cultural Representative Office in the U.S. to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file an adjustment of status application but for the waiver.

The Taipei Economic and Cultural Representative Office in the U.S. eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On February 8, 2016, 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 February 24, 2016.  Now that our client’s two-year foreign residency requirement is waived, she can file her green card application in the United States without going back to Taiwan for 2 years.

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CASE: B-2 Visa Extension / I-539
NATIONALITY: Filipina
LOCATION: New Jersey

Our client is from the Philippines who came to the U.S. on a B-2 visitor visa to see her sister and her sister’s family. She consulted with our firm a few weeks before the expiration of her B-2 status. She wanted to continue her stay in the United States for six more months to spend more time with her sister.  We explained to her that CIS has been more stringent on visitor status extensions.

Upon retention, we prepared a statement based on the information she provide about her plans if her extension is granted. We asked her to provide as much detail as possible. We made sure all addresses, contact information, and dates on her statements were complete and accurate. We made sure all her plans were supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence by the CIS.  Our office submitted letters from family member in the United States, an employment verification letter for her sister and brother-in-law, as well as financial documents from her sister. We filed the I-539 Extension Application on September 15, 2015 and her B-2 status extension was approved on February 8, 2016 with no Requests for Evidence.

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

NATIONALITY: Kenyan                                                                                                        

LOCATION: New Jersey

Our client is from Kenya who came to the U.S. on a J-1 Visa in June 2014 to work as a camp counselor.  After she finished her J-1 program, she remained in the United States. In June 2015, our client married her current U.S. Citizen husband.  However, she won’t be able to adjust her status unless she gets a waiver of the 2-year foreign residency program.  When she came to the United States in 2014, her program clearly made her subject to the 2-year foreign residency program.

Thereafter, our office prepared a waiver request through a No Objection Statement (NOS) from the Kenyan Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regards to the J-1 No Objection Statement waiver.  Our office contacted the Kenyan 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 the J-1 program sponsor, Clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining the J-1 waiver. 

On July 6, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Kenyan Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on her marriage to her spouse.

Eventually, the Kenyan Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On October 21, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On February 8, 2016, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. Now, our client can file an I-485 adjustment of status application along with her husband’s I-130 petition.

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

NATIONALITY: Korean

LOCATION: Ohio

Our client is from South Korea who came to the U.S. on a J-1 Visa in 2010 to pursue her research program. Her J-1 program made her subject to the two-year foreign residence requirement. After her J-1 program was completed, she changed her status to F-1 and continued her Ph.D. studies in the United States. While she was studying, she met her U.S. citizen husband. Her husband intended to file I-130 petition for her along with her I-485 adjustment of status application.  However, she has to get a waiver for her two-year foreign residency requirement before she adjusts her status in the United States.

Our office was retained on June 16, 2015. Once retained, our office promptly prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Atlanta to pursue the waiver for our client.  The Consulate 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 the 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 June 24, 2015 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 file an adjustment of status application.

The Korean Consulate General in Atlanta 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 January 22, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, the USCIS issued an I-612 approval on February 1, 2016.

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CASE: Fiancée Visa

PETITIONER: US Citizen in Ohio

BENEFICIARY: Colombian

PETITION FILED: March 4, 2015

PETITION APPROVED: April 2, 2015

K-1 VISA APPROVED: November 25, 2015

Our client, a US Citizen Petitioner, met his Colombian fiancée in Colombia in 2013. They started their relationship, and he visited Colombia. In June 2014, he proposed to her during their trip to Mexico. After his proposal, he retained our firm to file a fiancée petition for her.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on November 5, 2014. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on March 4, 2015.

On April 2, 2015, less than a month of the filing, the I-129F fiancée petition was approved. On November 25, 2015, our client’s fiancée appeared at the U.S. Embassy in Bogota, Colombia for her K-1 visa interview. The interview went well, and on the same day, the U.S. Embassy issued her K-1 visa.

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Case: I-130/I-485

Applicant/Beneficiary – Korean

Location: Columbus, OH

Our client entered the United States in July 2015 from South Korea under the visa waiver program. He married his U.S. citizen wife in March 2015 in South Korea. He came to the United States as a visitor with his wife and first intended to help his wife who just began her graduate studies in the United States.  As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days. While he was staying in the United States, he was informed that he could file adjustment of status in the United States even though he entered as a visa waiver entrant.  He contacted our office, and they retained us on August 31, 2015.

One main issue in his green card application through marriage was the fact that he came to the United States under the visa waiver program.   As our office wrote in our 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-130 Petition and I-485 Adjustment of Status Application on October 7, 2015.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. 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 at our office. On January 8, 2016, our client was interviewed at the Columbus Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients for the interview. Despite the visa waiver issue, on the same day of the interview, the USCIS approved his green card application.  Now, our client is a green card holder.

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

 NATIONALITY: Indonesian

 LOCATION: Providence, RI

Our Indonesian client came to the U.S. on a J-1 Visa in June 2012.  She came to the U.S. for her post-doctoral research program, and her J-1 visa made her subject to the two-year foreign resident requirement.  Her research and higher education enhanced her interest in the field, and she would like to further her future research and development projects through a possible National Interest Waiver application.  However, since most of the research projects that interest her will take a longer time, she anticipates that most employers will eventually wish to petition her for an alternate form of visa such as H-1B. However, 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 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 her valid Indonesian passport, and a copy of Form DS-3035.

On September 17, 2015, 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 November 16, 2015, 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 21, 2015.  Now that our client’s two-year foreign residency requirement is waived, she can be a beneficiary of other non-immigrant visa in the United States without going back to Indonesia for 2 years. She can also file an EB2 I-140 NIW Petition and be eligible for adjustment of status.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Chinese

LOCATION: Cleveland, OH

Our client is a Chinese Citizen who came to the U.S. on a J-2 Visa in 2008. He came with his wife who held a J-1 Visa as a researcher. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and he eventually got divorced from his ex-wife. He was still subject to the two-year foreign residency requirement, and he would like to change his status in the United States. Until he gets a waiver of the 2-year foreign residency requirement, he cannot change his status in the United States.

He contacted our office, and our firm was retained to do his J-2 waiver on October 14, 2015.

On November 6, 2015 the J-2 Waiver Application along with the Form DS-3035 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 was divorced from the J-1 visa holder.

On November 30, 2015, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On December 23, 2015, the USCIS issued the I-612 waiver approval.

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