CASE: Adjustment of Status / J-1 Hardship Waiver

NATIONALITY:  Kenyan

LOCATION: Maryland

Our client came from Kenya in February 1993 on a valid J-1 visa.  He got his J-1 status as a research scholar and received government funding for his research.  His J-1 status made him subject to the two-year foreign residency requirement. Once his J-1 program was completed, he remained in the United States. Later, he married his current U.S. citizen wife and became a father of two U.S. citizen children. Our client would like to file his adjustment of status application along with his wife’s I-130 petition; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under No Objection Statement or Interest Government Agency (IGA). As mentioned above, our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen wife 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 extreme 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 an exceptional hardship basis. On December 17, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen wife’s medical conditions.  On December 18, 2015, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s wife would experience exceptional hardship if our client needs to go back to Kenya for two years.

However, on May 11, 2016, the USCIS issued a Request for Evidence (RFE) for our client’s I-612 case. The USCIS asked our client to submit more evidence to demonstrate the extreme hardship to his U.S. citizen wife if he has to go back to Kenya for 2 years.  On August 2, 2016, our office filed the Response to RFE to USCIS along with additional documents to support the claim of financial and medical hardship including income and expenses, plus more recent medical documents of his U.S. citizen wife evidencing the hardship. Eventually, the USCIS approved his I-612 waiver on October 26, 2016.

Once his J-1 waiver was approved, our client retained our office again for his green card application. Our firm prepared and filed I-130 petition and I-485 adjustment of status application on December 6, 2016. 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 the conference calls. On July 25, 2017, our client was interviewed at the Baltimore, MD USCIS office.

However, on August 4, 2017, the USCIS issued the Request for Evidence for our client after the interview. The USCIS requested our client to submit the certified court disposition of his previous criminal record. Our client submitted the record to the USCIS on October 19, 2017.

Eventually, on November 2, 2017, his green card application was approved.  

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CASE: I-130 (Petitions for Parents) and Adjustment of Status

CLIENT: Filipinos

LOCATION: Maryland

Our client retained us to petition his parents for a green card. Our client was born and raised in the Philippines, but was naturalized in the United States in 2016. He contacted our office in November 2016 and discussed with us the green card process. His parents are in the United States and have maintained their status (H-1B and H-4). After consultation, he retained our office on November 2, 2016.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 1, 2016 for his parents.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on July 12, 2017, our client’s parents’ adjustments of status applications were approved. Now, they are green card holders.

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CASE: H-1B Visa Extension Petition
PETITIONER:  Accounting Firm in Baltimore, MD
BENEFICIARY: Staff Auditor from Trinidad and Tobago

Our client is an accounting firm in Baltimore, MD.  They contacted our office in March 2016 to seek legal assistance from our office for their foreign employee’s H-1B extension.  The beneficiary obtained his Bachelor’s Degree in accounting and completed his MBA program in the United States. The proffered position for the Beneficiary is a staff auditor which qualifies as a specialty occupation.  We argued that this position a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in accounting or its equivalent.  Moreover, our office helped this employee’s initial H-1B case in 2013 and it was approved by the USCIS.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on May 11, 2016 via the regular processing service. Eventually, our client’s H-1B application was approved on December 22, 2016.  His H-1B is good until September 13, 2019.

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

NATIONALITY:  Kenyan

LOCATION: Maryland

Our client came from Kenya in February 1993 with a valid J-1 visa.  He got his J-1 status as a research scholar and was receiving government funding for his research.  His J-1 status made him subject to the two-year foreign resident requirement. After he completed his J-1, he remained in the United States. Later, he married his current U.S. citizen wife and became a father of two U.S. citizen children. Our client would like to file his adjustment of status application along with his wife’s I-130 petition; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under No Objection Statement or Interest Government Agency (IGA). As mentioned above, our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen wife 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 extreme 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 an exceptional hardship basis. On December 17, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen wife’s medical conditions.  On December 18, 2015, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s wife would experience exceptional hardship if our client needs to go back to Kenya for two years.

However, on May 11, 2016, the USCIS issued a Request for Evidence (RFE) for our client’s I-612 case. The USCIS asked our client to submit more evidence to demonstrate the extreme hardship to his U.S. citizen wife if he has to go back to Kenya for 2 years.  On August 2, 2016, our office filed the Response to RFE to USCIS along with additional documents to support the claim of financial and medical hardship including income and expenses, plus more recent medical documents of his U.S. citizen wife evidencing the hardship.

Eventually, the USCIS approved his I-612 waiver on October 26, 2016. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his wife’s I-130 petition in the United States.  

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

NATIONALITY:  Egyptian

LOCATION: Maryland

Our client came from Egypt and has maintained his J-1 status from May 2011.  He got his J-1 status as a research scholar and was receiving government funding for his research.  His J-1 status made him subject to the two-year foreign resident requirement. Our client would like to file his adjustment of status application along with his I-140 NIW application; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under No Objection Statement or Interest Government Agency (IGA). As mentioned above, our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen daughter 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 he retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On February 18, 2016 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen daughter’s medical conditions.  On March 4, 2016, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s daughter would experience exceptional hardship if our client needs to go back to Egypt for two years.

Eventually, the USCIS approved his I-612 waiver on September 21, 2016. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his NIW I-140 self-petition in the United States.  

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CASE: I-130 (Petitions for Parents) and Adjustment of Status

CLIENT: Pakistani

LOCATION: New Jersey

Our client retained us to petition for her parents for a green card. Our client was born and raised in Pakistan, but was naturalized in the United States in 2012. She contacted our office in May 2015 and discussed with us the green card process for her parents. Her parents came to the United States from Pakistan in March 2015 to visit our client, and our client wanted to petition them while they were here in the United States.  After consultation, she retained our office on May 14, 2015.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 30, 2015 for her parents.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on December 15, 2015, our client’s parents’ adjustment of status applications were approved. Now, they are green card holders.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipino

LOCATION: Baltimore, MD

Our client came to the United States from the Philippines on an F-1 student’s visa in July 2009. After he completed his program, he remained in the United States.  He married his current wife in May 2013; however, his wife was a green card of holder at the time of their marriage.

In July 2015, his wife became a naturalized U.S. citizen. They contacted our office and retained our office for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 14, 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 December 22, 2015, our client was interviewed at Baltimore, Maryland USCIS office. Eventually, on the same day of the interview, his green card application was approved.

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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 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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CASE: I-129F Fiancée Petition and Fiancée Visa

PETITIONER: US Citizen in Maryland

BENEFICIARY: Ghanaian

PETITION FILED: January 2, 2014

PETITION APPROVED: January 8, 2015

Our client, a US Citizen Petitioner, met his Ghanaian fiancée in March 2011. They started their relationship, and he went to Ghana frequently to see her. They actually did the fiancé immigration process before themselves, but unfortunately it was denied. Hence he retained our firm to file a fiancée petition for her.

After retention, we informed our client the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on December 18, 2013. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on January 2, 2014.

However, on August 20, 2014, the USCIS issued a request for evidence (RFE) and claimed that our client did not submit sufficient evidence to establish that he is in a valid and authentic relationship with his fiancée. In response to the RFE, our office filed a response to RFE to the USCIS with more bona fide evidence to show the bona fide nature of their relationship. We filed the RFE response on September 17, 2014.

Eventually, on January 8, 2015, the I-129F fiancée petition was approved by the USCIS Vermont Service Center.

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