CASE: I-129F Fiancé Petition and Fiancé Visa

PETITIONER: US Citizen in Cleveland, OH

BENEFICIARY: Ukrainian

PETITION FILED: August 2, 2012

PETITION APPROVED: April 22, 2013

Our client, a US Citizen Petitioner, met her Ukrainian fiancé in Ukraine in 2010 and 2011. A few months after he came back to the States, he retained our firm to file a fiancé petition for her.

After consultation, we told him that the petition process may not be easy since they have a 30-year age gap, and due to his previous history of filing fiancé petitions.

So we thoroughly informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on June 18, 2012.

We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on August 2, 2012.

Despite the age gap, and the previous fiancé petitions, there were no requests for evidence, and eventually, on April 22, 2013, the I-129F fiancé petition was approved.

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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: H-1B Extension

PETITIONER: Electric Immersion Heater Manufacturer

BENEFICIARY: Indian Procurement Engineer

LOCATION: Cleveland, OH

Our client is a procurement engineer from India who currently works at an electric immersion heating manufacturing company in the greater Cleveland area. He is currently on a valid H-1B visa.

As our previous success stories show, he got his H-1B visa and I-140 petition through our legal assistance. His H-1B status was about to expire when his I-140 petition was approved. He retained our office in late September 2012 again, and sought legal assistance from us for his H-1B 3-year extension.

Ou office prepared his H-1B extension application. The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on November 13, 2012 to the USCIS California Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on January 30, 2013. The H-1B is good from February 14, 2013 to February 13, 2016.

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CASE: H-1B Extension

PETITIONER: Molded Component Manufacturer

BENEFICIARY: British Liquid Injection Molding (LIM) Process Engineering Manager

LOCATION: Cleveland, OH

Our client is a Liquid Injection Molding (LIM) process engineering manager from the United Kingdom who currently works at a molded component manufacturing company in the greater Cleveland area on a valid H-1B visa. As our previous success stories show, he got his EB-2 I-140 petition through our legal assistance. His H-1B status was about to expire when his I-140 petition was approved. He retained our office in early November 2012 again, and sought legal assistance from us for his H-1B 3-year extension.

Once we were retained, our office prepared his H-1B extension application. The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on November 29, 2012 to the USCIS California Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on January 28, 2013. The H-1B is good from December 1, 2012 to November 30, 2015.

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CASE: H-1B Extension

PETITIONER: Nursing Home Facility

BENEFICIARY: MDS Coordinator, Filipina

LOCATION: Illinois

Our client is an MDS Coordinator from the Philippines who currently works at a Nursing Care Facility in the greater Chicago area on a valid H-1B visa. Her H-1B status was about to expire before she retained our office in early June of 2012.  Our client sought legal assistance from us for her H-1B 3-year extension.

Once we were retained, our office prepared her H-1B extension application.  The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on July 18, 2012 to the USCIS California Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on January 11, 2013. The H-1B is good from October 1, 2012 to September 30, 2015.

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CASE: H-1B Visa Petition (Change of Employer)

PETITIONER:  Electric Engine / Turbine Manufacturing Company

BENEFICIARY: Global Sales Application Engineer

Our client is an Electric Engine/Turbine Manufacturing Company in Ohio. They contacted our office in early December to seek legal assistance for their foreign employee.

The beneficiary is from South Korea and obtained her Bachelor’s degree in Mechanical Engineering. The proffered position for the Beneficiary is a Global Sales Application Engineer which qualifies as a specialty occupation – the minimum requirement for this position is a Bachelor’s Degree in Mechanical Engineering or its equivalent.

The foreign beneficiary in this case already had her H-1B visa from her previous employer which was in a similar industry. Her H-1B visa has not yet expired, but she wanted to extend her H-1B status on the change of employer basis.

Once retained, our office filed the H-1B visa petition with various supporting documents on December 14, 2012 via premium processing. Since this petition was based on a change in employer, this petition was exempted 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 December 22, 2012.  Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she 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: 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: I-130/I-485
Applicant/Beneficiary – Korean
Location: Cleveland, OH

Our client entered the United States in June 2012 from South Korea under the visa waiver program. She came here to visit her U.S. citizen boyfriend (now her husband) during the summer. As a Visa Waiver Entrant, she was only authorized to remain in the United States for only 90 days.

Later, in September, our client and her U.S. citizen boyfriend married in the United States. Her husband contacted our office, and they retained us on September 10, 2012.  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 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 September 18, 2012.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized period of stay expired. 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 clients. On December 21, 2012, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  We accompanied them at the interview as well.  Despite the visa waiver issue, on December 26, 2012, the USCIS approved her green card application.  Now, our client is a green card holder.

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