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

 NATIONALITY: Indonesian

 LOCATION: Jacksonville, FL

Our Indonesian client came to the U.S. on a J-1 Visa in February 2016.  She came to the U.S. for her internship, and she was subject to the two-year foreign resident requirement.  In January 2020, our client married his U.S. Citizen husband and she wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

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 LATEST 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 May 28, 2020, 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 marriage based adjustment 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 September 16, 2020, 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 October 6, 2020. Now that our client’s two-year foreign residency requirement is waived, she can file an adjustment of status application with her husband I-130 petition.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Orlando, FL

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. He was subject to the two-year foreign residency requirement. His prospective employer wanted to sponsor his H-1B and consulted with our firm for his J-1 visa waiver. If someone is subject to the two-year foreign residency requirement, he or she cannot change status to H-1B in the United States until he or she fulfills the requirement or obtains a waiver.

Our office told our client that he can apply for a waiver under the No Objection Statement category based on the fact that he has a U.S. citizen child. 

On January 7, 2020, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On April 13, 2020, our office sent our client’s NOS application 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 25, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on September 14, 2020, the USCIS issued an I-612 approval notice for the waiver.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Sacramento, California

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. Later, her prospective employer wanted to sponsor her H-1B visa and she consulted with our firm for her J-1 visa waiver prior to applying for the H-1B. If someone is subject to the two-year foreign residency requirement, he or she cannot change status to H-1B in the United States until he or she fulfills the requirement or obtains a waiver.

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact that she has a U.S. citizen child. Upon retention, our office filed a waiver application to the Department of State, and also prepared the No Objection Statement request from the EVP in the Philippines.

On January 7, 2020, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On April 13, 2020, our office sent our client’s No Objection Statement request to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee granted the NOS and forwarded the materials to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On August 11, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on August 25, 2020, the USCIS issued an I-612 approval notice for the waiver.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Malaysian
LOCATION: Altamonte Springs, FL

Our client came to the United States in February 2016 with a J-1 Exchange Visitor visa from Malaysia.  Her J-1 visa was not subject to the two-year foreign residency requirement, so she could apply for adjustment of status in the United States without a waiver.  She married a U.S. Citizen in May 2018 and retained our office on February 23, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 25, 2019.  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 via conference calls. On January 30, 2020, our client was interviewed at the Orlando, Florida USCIS Field Office. On the same day of the interview, her green card application was approved. 

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Filipino

LOCATION: Orlando, FL

Our client came to the United States from the Philippines on a J-1 Exchange Visitor’s visa in May 2000. After his J-1 program was completed, he remained in the United States. With our firm’s legal assistance, he obtained his J-1 visa waiver in October 2018.  He married his U.S. Citizen same-sex spouse in December 2017.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law. 

They married in Florida where the same-sex marriage is recognized. Our client contacted our office and retained us on September 20, 2018 for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on October 4, 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 via conference calls. On August 27, 2019, our client was interviewed at the Orlando, Florida USCIS office. The interview went well and his green card application was approved on the same day.

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CASE: I-485 Adjustment of Status based on Approved I-140 (EB-2)

BENEFICIARY: Korean Education Pastor

LOCATION: Tampa, FL

Our client’s current employer was willing to petition him for a second-preference petition (I-140).  Our client has a master’s degree in divinity in the United States and currently works for a church on an R-1 visa. Based on our client’s education and work background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition. Our client eventually retained us on January 3, 2017.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on April 5, 2017. On June 26, 2017, we promptly filed PERM.

However, on October 2, 2017, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on October 17, 2017.  Eventually, on March 7, 2018, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s audited balance sheet, and other necessary supporting documents.

The I-140 Petition was filed on May 8, 2018 via premium processing service. Eventually, on May 18, 2018, the I-140 EB2 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once the I-140 petition was approved, our client retained our office again for the I-485 adjustment of status applications for him and his wife. Our office filed an I-485 adjustment of status application for our clients on August 1, 2018. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On April 29, 2019, our client was interviewed at Tampa Florida USCIS office. Eventually, on May 1, 2019, our clients’ green card applications were approved.

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CASE: Marriage-Based Adjustment of Status
NATIONALITY: Kenyan
LOCATION: Tampa, FL

The marriage-based green card approval we got recently was for a Kenyan client who came to the U.S. on a J-2 Visa in August 2001. She came to the U.S. with her mother who came on a J-1 visa for her research program in the United States.  Later, our client changed her J-2 visa to F-1 visa. After she graduated, she married her current U.S. citizen husband in June 2013 and her husband filed an I-130 petition on her behalf. The I-130 petition was approved in December 2015.

Our office worked on our client’s J-2 visa waiver through the Interested Government Agency (IGA) route.  Eventually, the CIS receipted the fee and issued an I-612 approval notice for our client’s waiver of the two-year foreign residency requirement on March 8, 2017.

After we received the I-612 waiver, our client retained us again and sought legal assistance for her I-485 adjustment of status application. Our firm prepared and filed the I-485 adjustment of status application on December 14, 2017. 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 August 2, 2018, our client was interviewed at the Tampa, Florida USCIS office. Eventually, on August 8, 2018, her green card application was approved.

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CASE: I-140 (EB-2)

EMPLOYER: Church

BENEFICIARY: Korean Education Pastor

LOCATION: Tampa, FL

Our client’s current employer was willing to petition him for a second-preference petition (I-140).  Our client has a master’s degree in divinity in the United States and currently works for the church with R-1 visa. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us on January 3, 2017.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on April 5, 2017. On June 26, 2017, we promptly filed PERM.

However, on October 2, 2017, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on October 17, 2017.  Eventually, on March 7, 2018, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s audited balance sheet, and other necessary supporting documents.

The I-140 Petition was filed on May 8, 2018 via premium processing service. Eventually, on May 18, 2018, the I-140 EB2 Petition for our Korean client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green at any time since his priority dates are current.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                       

LOCATION: Jacksonville, FL

Our client is from the Philippines who came to the U.S. on a H-1B visa in December 2015. In November 2016, 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 30, 2017.  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 February 13, 2018, our client was interviewed at the Jacksonville Florida USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Korean                                                                                                        

LOCATION: Sarasota, FL

Our client is from South Korea who came to the U.S. on an O-1 visa. He is an internationally well-known musician and was working with the Cleveland Orchestra when he contacted our office.  In June 2015, our client married his current U.S. citizen wife.  He retained our office for his green card application in September 2016.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 28, 2016.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

In January 2017, he moved to Sarasota, FL to join his wife who was working there. In November 2017, his interview was scheduled. Prior to the interview, we thoroughly prepared our clients via conference calls. On December 14, 2017, our client was interviewed at the Tampa Florida USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of his interview, his green card application was approved.

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