CASE: Termination of Removal Proceedings Based on Approved I-130 Petition

CLIENT: Kenyan

LOCATION OF COURT: Atlanta, GA

LOCATION OF CLIENT: Alabama

Our client is from Kenya who came to the U.S. on a F-1 Student Visa in June 2001. However, she failed to maintain her F-1 status after that.  She was thereafter placed in removal proceedings in Atlanta, Georgia.

Our client married her U.S. citizen husband in May 2013 in Alabama. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in February 2015. She could not apply for adjustment of status by herself with the CIS, since her removal proceeding is still pending.

She contacted our office around May 2015 to seek legal assistance. She retained our office on June 4, 2015.

After our office was retained, we prepared and filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents to the Atlanta ICE-DHS office. In less than a month, the DHS counsel in Atlanta agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on October 1, 2015. Now, she can file her I-485 adjustment of status application with the CIS.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY:  Kenyan

LOCATION: Maryland

Our client came to the U.S. on a J-1 Visa in August 2004 from Kenya.  She came to the U.S. for her study, and her J-1 visa made her subject to the two-year foreign resident requirement. After her J-1 status expired, she has remained in the United States. She married her U.S. citizen husband in 2006.  Our client’s husband intended to do an I-130 petition for her and our client wanted to file an adjustment of status application. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Our client could not pursue her waiver under the No Objection Statement or Interested Government Agency (IGA) routes. Our client, though, would like to pursue her J-1 waiver based on the exceptional hardship standard. Our client’s U.S. citizen son had some medical hardships.

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.”

Some of the factors in analyzing exceptional hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978).

After he retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On July 23, 2014 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support of our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen son’s medical condition.  On October 15, 2014, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s son would experience exceptional hardship if our client needed to go back to Kenya for two years.

Eventually, the Department of State recommended a waiver for our client on January 14, 2015. Subsequently, the USCIS approved her I-612 waiver on January 26, 2015. Once the J-1 waiver was issued, our client retained our office again on February 5, 2015 for her adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 27, 2015. 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 September 24, 2015, our client was interviewed at the Baltimore, Maryland USCIS office. Eventually, on September 30, 2015, her green card was approved.

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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 2013 to work as a camp counselor.  After she finished her J-1 program, she remained in the United States. In May 2015, our client married her current LPR husband. (Her husband will become a naturalized U.S. citizen soon). However, she will not 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 2013, her program made her subject to the 2-year foreign residency program.

Our firm filed 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, a clearance letter from the J-1 program sponsor, Clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining J-1 waiver.

On June 4, 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 July 16, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On August 28, 2015, 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 once her husband becomes a naturalized U.S. citizen.

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CASE: I-485 Adjustment of Status / Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Kenyan
LOCATION: Chicago, IL (EOIR) / Durham, NC (USCIS)

Our client is from Kenya who came to the U.S. on a F-1 Student’s Visa in August 2007. While she was studying in the United States, she failed to maintain her F-1 status due to her family’s issues in Kenya. Because of her overstay, she was placed in removal proceedings in Chicago, IL.

Our client married her Lawful Permanent Resident (LPR) husband in September 2010 in Wisconsin. Soon after, they moved to the Raleigh, NC area.  Her husband filed an I-130 petition on behalf of her after they got married. Eventually, our client’s I-130 petition was approved in February 2012 after their I-130 interview at the USCIS Durham Field Office.  Our office represented our client since 2011 for her removal proceeding representations and I-130 interviews. Her individual hearing was scheduled on August 13, 2013 at the Chicago Immigration Court as well.

In June 2013, our office filed a written request to administratively close our client’s removal proceedings to the DHS Chicago Office.  In a written brief, our office fully explained that our client’s case is not DHS’s priority for deportation and explained that our client has an I-130 approval, no criminal records, has paid taxes, and has family ties in the United States.  Along with the written brief, our office attached an I-485 application and its supporting documents as well.

After review, the DHS counsel in Chicago was willing to terminate our client’s removal proceedings. The DHS counsel filed a Motion to Terminate on August 2, 2013 to the Chicago Immigration Court. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on August 12, 2013.

In 2015, her husband filed a naturalization application and became a U.S. citizen. On April 1, 2015, our client retained our office again for her I-485 adjustment of status application. Our firm prepared and filed the I-485 Adjustment of Status Application on May 11, 2015.  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 6, 2015, our client was interviewed at the Durham, North Carolina USCIS office. The interview went well, and on the same day, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Kenyan

LOCATION: Cleveland, OH

Our client came to the United States from Kenya on an F-1 student visa in August 2006. She married a U.S. Citizen in November 2013 and retained our office on April 1, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 17, 2015.  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 as well. On July 27, 2015, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on August 6, 2015, her green card application was approved.

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

NATIONALITY:Kenyan                                                                                                        

LOCATION: Atlanta, GA

Our client is from Kenya who came to the U.S. on a J-1 Visa in August 1998 to pursue his master’s degree.  After he finished his J-1 program, he remained in the United States.

In October 2013, our client married his current U.S. citizen wife. However, he initially can’t adjust status unless he got a waiver for the 2-year foreign residency program.  When he came to the United States in 1998, his program was clearly subject to the 2-year foreign residency program.

Thereafter, our office prepared a waiver request through the 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 application 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 J-1 waiver. 

On March 13, 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 his marriage to U.S. citizen 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 May 13, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On June 4, 2015, 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 his wife’s I-130 petition. 

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CASE: I-485 Adjustment of Status / I-140 (EB-2 Category) / Schedule A

APPLICANT: Kenyan Nurse Practitioner

LOCATION: Minnesota

Our client is a certified nurse practitioner. His prospective employer was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he was a certified nurse practitioner, he was eligible for “Schedule A” classification.

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 first going to the DOL for a labor certification. 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. The position of Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on September 23, 2014 via regular processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents. Moreover, we filed our client’s I-485 adjustment of status application concurrently with the I-140 petition.

In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under Schedule A designation.  On March 26, 2015, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved his EB-2 I-140 petition. Eventually, our client’s adjustment of status application was approved on June 3, 2015. Now, our client is a green card holder. 

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

EMPLOYER: Physician’s Office

BENEFICIARY: Kenya

LOCATION: Minnesota

Our client is a certified nurse practitioner. His prospective employer was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he was a certified nurse practitioner, he was eligible for “Schedule A” classification.

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 first going to the DOL for a labor certification. 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. The position of Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on September 23, 2014 via regular processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents. Moreover, we filed our client’s I-485 adjustment of status application concurrently with the I-140 petition.

In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  On March 26, 2015, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved his EB-2 I-140 petition. His I-485 adjustment of status application will be approved as well.

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

NATIONALITY: Kenyan

LOCATION: Atlanta, GA

Our client is from Kenya who came to the U.S. on a J-1 Visa in May 2002.  After she finished her J-1 program, she remained in the United States. In February 2009, our client married her current U.S. citizen husband. However, she was not able to adjust her status because she had to get a waiver for the 2-year foreign residency requirements. When she came to the United States in 2002, her program made her subject to the 2-year foreign residency program.

Thereafter, our office promptly prepared the filing of 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 regard 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 J-1 program sponsor, Clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining J-1 waiver.

On December 9, 2014 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 U.S. citizen 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 February 18, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On March 20, 2015, 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 I-485 adjustment of status application along with her husband’s I-130 petition.

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Extreme Hardship

NATIONALITY:  Kenyan

LOCATION: Maryland

Our client came to the U.S. on a J-1 Visa in August 2004 from Kenya.  She came to the U.S. for her studies, and her J-1 visa made her subject to the two-year foreign resident requirement. After her J-1 status expired, she remained in the United States.

Later, she married her U.S. citizen husband in 2006.  Our client’s husband intended to apply for an I-130 petition for her and our client wanted to file an adjustment of status application. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Our client could not pursue her waiver under the No Objection Statement or Interest Government Agency (IGA) due to lack of mandatory documents. Our client, though, would like to pursue her J-1 waiver based on the exceptional hardship standard. Our client’s U.S. citizen son is experiencing exceptional medical hardships.

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.”

Some of the factors in analyzing exceptional hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978).

After she retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On July 23, 2014 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support of our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen son’s medical condition. On October 15, 2014, our office filed an I-612 application to the USCIS.

Eventually, the Department of State recommended a waiver for our client on January 14, 2015. Subsequently, the USCIS approved her I-612 waiver on January 26, 2015. Now that our client’s two-year foreign residency requirement is waived, she can file an adjustment of status application in the United States along with her husband’s I-130 petition for her.

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