CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION:  Boston, MA

Our client contacted us in August 2015 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in July 2012 through her marriage with her US citizen husband. She retained our office on August 19, 2015.

The N-400 application was filed on September 8, 2015 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls. On February 22, 2016, our client appeared at the Boston, MA USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on March 2, 2016. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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

 NATIONALITY: Malaysian

 LOCATION: Boston, MA

Our Malaysian client came to the U.S. on a J-1 Visa in November 2013.  He came to the United States to work and get training, but his J-1 visa made him subject to the two-year foreign resident requirement.  His workand training program in the U.S. enhanced our client’s interest in his field, and he would like to gain employment in the U.S. beyond his J-1 term. His employer would like to file a petition for him to change his non-immigrant status from J-1 to L-1. However, due to the two-year foreign residency requirement, he had to obtain a waiver first before he could change his current status in the United States.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Malaysian Embassy in the United States.  Our office contacted the Malaysian Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested different documents including a statement of reason for the waiver.

On February 13, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian 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 change of status application but for the waiver.

The Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. 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 August 17, 2015.  Now that our client’s two-year foreign residency requirement is waived, he can be a beneficiary of other non-immigrant visa in the United States without going back to Malaysia for 2 years.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Boston, MA

Our Chinese client came to the United States on a F-1 student visa to pursue her graduate degree in 2012. She married a U.S. Citizen in May 2014 and retained our office on June 13, 2014 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 25, 2014.  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 September 18, 2014, our client was interviewed at the Boston, Massachusetts USCIS office.  On the same day, her green card application was approved.

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CASE: I-751 Late Filing For Good Cause Approval
ISSUES: Late Filing; Establishing Good Cause for Failure to File
LOCATION: Boston, Massachusetts

Our client is a Filipino national living in Boston who was on a 2-year conditional green card. She got her green card based on a bona fide marriage with her U.S. Citizen husband. She and her husband jointly filed an I-751 to remove conditions on a green card prior to its expiration in July 2009. This was in order to get her 10-year green card. However, as they were not represented by counsel, she missed the requirement of having to  provide the biometrics fee for her daughter, who was also a conditional resident as a derivative. In early August 2009, after the expiration date of the 2-year conditional green card, the application was returned since they missed the biometrics fee. Since the letter appeared to only request for the fee, they responded  and re-filed the application with the addition of the requested biometrics fee without any explanation for the “late filing”. As mentioned, the conditional residence status expired in late July. The checks were cashed and they were eventually issued with a receipt notice and fingerprint appointment. Everything it seemed went well as they received letters from the Immigration Service stating that their status was extended for a year while the I-751 was pending. However, in January 2010, the I-751 was denied due to “late filing”. Our office was consulted after this and we suggested a re-file of the I-751 with a letter and supporting documents arguing that there was good cause for failure to file. We argued that the August 2010 letter appeared to be a Request for Evidence and that it is reasonable for a couple with no legal representation to think there was no need to provide an argument for “late filing” when they re-filed the I-751. We also attached proof of bona fide marriage and cited the specific law which allows for this late filing. On June 27, 2010, the I-751 was finally approved and our client’s 10-year green card was issued.

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