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

NATIONALITY: Canadian                                                                                                           

LOCATION: Pittsburgh, PA

Our client is from Canada who came to the U.S. on a J-1 visa in January 2014 to work as a short-term scholar at one of the national laboratories in the United States. Currently, she is in the U.S. with her F-1 status and is pursuing her Ph.D. program. With our legal assistance, her husband got his I-140 self-petition approval (National Interest Waiver Category) in February 2019.  They were about to file their adjustment of status applications based on the approved I-140 petition; however, our client would like to double-check whether she was subject to the two-year foreign residency requirement for that J-1 program.

Upon our client’s request, our office checked with the State Department by filing an advisory opinion request.  According to the Department of State, “if you are not sure whether the two year foreign residence applies to you, you may make a written request for an advisory opinion for the applicability of the residence requirement to your situation.”  Our office promptly filed this advisory opinion request on January 16, 2019 to the Waiver Review Division of the Department of State.

Unfortunately, the decision of the Department of State stated that our client is subject to the two-year foreign residency requirement. After our office received this decision from the Department of State, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Canadian Embassy in the United States. 

On April 1, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Canadian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust with an approved I-140 if she obtains the waiver.

Thereafter, the Canadian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On May 15, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has issued an I-612 approval notice on May 25, 2019. Now, our client can file her adjustment of status application along with her husband’s approved I-140 petition.

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CASE: I-130 (Petition for Father) and Adjustment of Status

CLIENT: Canadian

LOCATION: Clarksburg, MD

Our client retained us for her adjustment of status application. Our client was born in China and became a naturalized Canadian citizen. She came to the United States as a B-2 visitor in May 2005. Thereafter, she has remained in the United States.  She has a U.S. citizen son who just turned 21 in 2018 and her son was planning to file an I-130 petition for our client. She contacted our office in May of 2018 and discussed with us the green card process. After consultation, she retained our office on May 30, 2018.

Once retained, our firm prepared and filed the I-130 Petition and Adjustment of Status Application on July 11, 2018 for our client.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On May 2, 2019, our client appeared at her I-485 adjustment of status interview at Baltimore, Maryland USCIS Field Office. Prior to the interview, our office prepared her via conference calls. Eventually, on May 7, 2019, our client’s adjustment of status application was approved. Now, she is a green card holder.

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CASE: I-140 / National Interest Waiver

CLIENT: Canadian

LOCATION: Spokane, WA

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a lead mining engineer from South Korea (Citizen of Canada) and currently works for the federal agency under a TN status. He is an exceptional researcher and scientist in the field of mining engineering and rock mechanics research.

Our client’s significant contributions have placed him at the pinnacle of his field. He is an extraordinary researcher and scientist in the field of Mining Engineering and Rock Engineering Research with over 22 years of practical research experience with emphasis on the development of safe and economical excavations in underground mines – from which to extract minerals. Specifically, our client’s work has the purpose of determining hazard recognition and engineering solutions for the ground control problems that cause injuries and fatalities in the mining industry. Moreover, his research works were highly evaluated by reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id.

Our office prepared a 24-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client.

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on October 10, 2018. Eventually, on April 22, 2019, the USCIS approved his I-140 petition without any Requests for Evidence.  He can file his adjustment of status application now since his priority date is current.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Canadian                                                                                                   

LOCATION: Washington, DC

Our client is from Canada who came to the U.S. on a B-2 visitor’s visa in June 2018. In August 2018, our client married her current U.S. citizen husband.  She retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 28, 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 via conference calls. On March 28, 2019, our client was interviewed at Fairfax, Virginia USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well.

Though the interview went well, the USCIS officer wanted our client to submit the US citizen husband’s corrected divorce decree. Our office filed the Response to RFE to the USCIS on April 15, 2019. Eventually, on April 23, 2019, her green card application was approved.

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CASE:  Consular Processing (Immigrant Visa) – Marriage-Petition

Our client is a Canadian citizen who married her US Citizen husband in September 2017 in Toronto, Canada. Our client’s husband filed an I-130 petition for our client and this I-130 petition was approved by the USCIS on June 11, 2018. He contacted and retained our office on August 17, 2018 for her immigrant visa processing.

Once retained, we filed the immigrant visa packets to the National Visa Center on August 24, 2018, who in turn forwarded our client’s materials to the U.S. Consulate General in Montreal, Canada. An interview notice was set for the client at the U.S. Consulate General in Montreal, and we prepared her for the interview. On December 13, 2018, the interview was conducted.  The interview went well and after the interview, the U.S. Consulate General in Montreal, Canada approved and issued her immigrant visa.

With the approved Immigrant Visa, our client can come to the United States immediately, and she will get her green card within two months of entry

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CASE: Immigrant Visa / I-140 (EB-2 Category) / Schedule A

APPLICANT: Filipina Nurse Manager in Winnipeg Canada

LOCATION: Petitioner is Houston, TX; Applicant is in Winnipeg Canada

Our client is a Filipina lady who has worked in Canada and the Philippines as a staff nurse. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without having to file a Labor Certification with the Department of Labor. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a bachelor’s degree in nursing and more than 5 years of experience as a staff nurse. She also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on September 22, 2017 via premium processing. We included a job offer letter, the notice of filing, employment letter, past experience letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why the nurse manager position falls under a Schedule A and EB2 designation. Eventually, on October 6, 2017, the USCIS Texas Service Center approved her EB-2 I-140 petition.

Once her I-140 was approved, our client retained our office again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on March 19, 2018, who in turn forwarded the client’s materials to the U.S. Consulate General in Montreal, Canada. An interview notice was set for the client at the U.S. Consulate General in Montreal, Canada. On November 16, 2018, our client appeared at the U.S. Consulate General in Montreal, Canada. The interview went well, and the Embassy approved and issued her immigrant visa.

With the approved Immigrant Visa, our client can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Canadian
LOCATION: Cleveland Ohio

Our client came to the United States as a visitor from Canada in June 2017.  He has a U.S. citizen wife who filed an I-130 petition for him in 2017. Our client originally planned to file his immigrant visa via consular processing in Canada, but after he came to the U.S., he changed his mind.  He retained our office on September 19, 2017 for his adjustment of status application.  Our firm prepared and filed the Adjustment of Status Application on October 5, 2017.  His I-130 petition was approved in October 2017 as well. 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 in our office.  On June 14, 2018, our client was interviewed at the Cleveland, Ohio USCIS. Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  On the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Canadian
LOCATION: Ohio

Our client came to the United States as a visitor from Canada.  She married her U.S. Citizen husband in January 2018 and retained our office on January 23, 2018 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 1, 2018.  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 via conference calls.  On May 25, 2018, our client was interviewed at the Cleveland, Ohio USCIS.  On June 1, 2018, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Canadian
LOCATION: Cleveland, Ohio

Our client came to the United States from Canada when she was 16 years. She came in as a permanent resident. Since then, she has studied and worked in the United States as a green card holder, but did not naturalize yet.  Our client contacted us in 2016; she retained our office for her naturalization application.  

Her N-400 application was filed on February 16, 2017 with all necessary supporting documents.   Our office prepared her before her interview, and also accompanied her on January 26, 2018 at the Cleveland CIS office.  Our client answered all questions correctly and passed her citizenship interview.  Eventually, her N-400 was approved on February 8, 2018. Her oath taking is scheduled soon in which she will be a U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Canadian
LOCATION: Ohio

Our client came to the United States as a visitor from Canada.  She married a U.S. Citizen husband in May 2017 and retained our office on June 6, 2017 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 10, 2017.  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 October 16, 2017, our client was interviewed at the Cleveland, Ohio USCIS. Attorney JP Sarmiento accompanied them at the interview as well.  On October 18, 2017, her green card application was approved.

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