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

NATIONALITY: Chinese

LOCATION: Weehawken, NJ

Our client was a citizen of China who came to the U.S. on a J-2 Visa in June 2002.  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 May 2014. He would like to get a waiver because his employer would like to petition him H-1B. 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 May 2014.

Our firm was retained to do his J-2 waiver, and on March 31, 2021, 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 June 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                

LOCATION: Mentor on the lake, OH 

Our client is from China who came to the U.S. on a B-2 visitor’s visa in April 2016. Since then, she has remained in the United States. In January 2021, our client is married her current U.S. citizen husband.  She retained our office on January 19, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 29, 2021.  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 via conference calls. On July 16, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

{ 0 comments }

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

NATIONALITY: Chinese

LOCATION: Piscataway, NJ

Our client as a citizen of China (became a Canadian citizen) who came to the U.S. on a J-2 Visa in February 2010.  He came with his mother who was 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.

He turned 21 in September 2016. He would like to get a waiver because he has a U.S. citizen spouse who can file an I-130 petition for him. He can file an adjustment of status application along with his wife’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot adjust his status in the United States without the fulfillment of the requirement or a 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 September 2016.

Our firm was retained to do his J-2 waiver, and on December 11, 2020, 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 May 7, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On June 11, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client came to the United States from China on a F-1 student’s visa. She married a U.S. Citizen in March 2020 and retained our office on October 27, 2020 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 2, 2020.  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 April 30, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Eventually, our client’s green card application was approved on the same day.

{ 0 comments }

CASE: I-751

APPLICANT: Chinese

LOCATION: Akron, OH

Our client contacted our office in October of 2019 regarding her I-751 application. 

She is from China and she married a U.S. citizen. Through her marriage, she obtained a 2-year conditional green card in November 2017. Thus, their conditional residency terminated in November 2019. 

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on October 18, 2019, and our office prepared the I-751.

On November 4, 2019, our office filed the I-751 application to the USCIS. On April 21, 2021, our client and her husband appeared for their interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared them thoroughly over the phone. Eventually, on April 23, 2021, the USCIS approved our client’s I-751 application. 

{ 0 comments }

CASE: I-751

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted our office in June 2020 regarding her I-751 application.

She is from China and she married a U.S. citizen in August 2017. She obtained a 2-year conditional green card in August 2018. Her conditional residency terminated in August 2020.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on June 30, 2020. On July 8, 2020, our office filed the I-751 application to the USCIS. There was no RFE. On March 24, 2021, the USCIS approved our client’s I-751 application. She received her 10-year green card.

{ 0 comments }

CASE: I-751

APPLICANT: Chinese

LOCATION: Kent, OH

Our client contacted our office in May of 2020 regarding her I-751 application.

She is from China and she married a U.S. citizen in May 2018. She obtained a 2-year conditional green card in September 2018.  Her conditional residency terminated in September 2020.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office.

On June 9, 2020, our office filed an I-751 application to the USCIS. On March 10, 2021, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE). 

{ 0 comments }

CASE: I-130 / I-485 Adjustment of Status

 NATIONALITY:  Canadian

 LOCATION: Overland Park, KS

Our client was a citizen of China (currently citizen of Canada) who came to the U.S. on a J-2 Visa in June 1996.  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 December 2016. She wanted to get a waiver because she has a U.S. citizen spouse who can file I-130 petition for her. She can file an 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 waiver approval.

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. Our client turned 21 in December 2016.

Our firm was retained to do her J-2 waiver, and on August 13, 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 September 10, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 20, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

Once her J-2 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 27, 2020.  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 through conference calls. On September 24, 2020, our client was interviewed at the Kansas City, MO USCIS office.  Eventually, on January 13, 2021, her green card application was approved.

{ 0 comments }

CASE: I-751

APPLICANT: Chinese

LOCATION: Wexford, PA

Our client contacted our office in February 2020 regarding her I-751 application.

She is from China and she married a U.S. citizen in May 2017. Through her marriage, she obtained a 2-year conditional green card in April 2018.  Her conditional residency terminated in April 2020.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on February 13, 2020, and our office prepared an I-751 application for our client.

On February 20, 2020, our office filed the I-751 application to the USCIS with all necessary supporting documents.

On December 31, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

{ 0 comments }

CASE: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization Document

APPLICANT / BENEFICIARY: Chinese Client in New York. 

The USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases.  According to this memo, issued in August 2012, an individual who meets the following criteria may apply for deferred action:

• Was under the age of 31 as of June 15, 2012;
• Came to the U.S. before reaching his/her 16th birthday;
• Has continuously resided in the U.S. since June 15, 2007, up to the present time;
• Was physically present in the U.S. on June 15, 2012, and at the time of application to the USCIS;
• Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
• Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
• Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;

Our client initially came to the United States in January 1998 with a B-2 visa when she was only 6 years old. Since then, she has remained in the United States. 

As of June 15, 2012, our client was twenty-one (21) years old.

Our client also finished high school in the United States.

Since her last entry to the United States in January 1998, our client never left.

She was physically present in the United States on June 15, 2012 and has continuously resided here since January of 1998.

Our client has never been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

Accordingly, our client was eligible for this relief.

In October of 2020, she retained our office for the renewal of his DACA application again. Despite the elimination of the DACA program at that time, she was still eligible for the renewal. Our client sent us supporting documents that prove our her education history, physical presence in the United States, and her initial entry to the United States.  Our office also prepared Form I-821D and I-765, and drafted a detailed cover letter demonstrating why our client should merit this relief.

On November 5, 2020, our office filed her I-821D and I-765 to the USCIS.  Eventually, on December 29, 2020, the USCIS approved our client’s I-821D and I-765. Her DACA status is extended to December 2022.

{ 0 comments }