CASE: F-2A Category (Spouse of LPR) Green Card

CLIENT: Korean

LOCATION: Edgewater, NJ

Our client came to the United States from South Korea as a F-1 student. Later, she married her current husband, who is a green card holder, in January 2018

Our client retained our office in January 2018 for her I-130 petition. Our office prepared and filed an I-130 petition on August 22, 2018.  We could not file her I-485 adjustment of status application since the visa number was not available. 

In June 2019, her visa number became available. Though her I-130 petition was still pending, our office filed the I-485 adjustment of status application together with all necessary supporting documents on June 7, 2019. 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 3, 2020, our client was interviewed at the Newark, NJ USCIS office.  Eventually, on October 6, 2020, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Jersey City, NJ

Our client contacted us in June 2019 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and he obtained his green card through employment in September 2014. 

His N-400 application was filed on July 1, 2019 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On September 2, 2020, our client appeared at the Newark, NJ USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. 

Eventually, his application was approved on the same day and he took his oath right away. He is now a naturalized U.S. Citizen.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Jersey City, NJ

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

She is from the Philippines and she married a U.S. citizen in November 2016. Through her marriage, she obtained a 2-year conditional green card in December 2017.  Her conditional residency terminated in December 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 August 6, 2019, and our office prepared an I-751 application for our client with all supporting documents.

On September 19, 2019, our office filed the I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. 

Eventually, on July 24, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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Case: I-485

Potential Issue: Response to RFE

Client: Chinese

Location: Millburn, NJ

Our client came from China and filed her I-485 adjustment of status application to the USCIS in February 2019. We were not her attorney of record when she filed the application. On November 8, 2019, the USCIS Newark Field Office issued a Request for Evidence (RFE) asking for proof that our client met the two-year foreign residency requirement or proof that she has an approved waiver of the two-year foreign residency requirement. Our client contacted our office for legal assistance on RFE response and retained our office on November 14, 2019. 

In response to the USCIS’s RFE, our office included an Advisory Opinion by the U.S. Department of State, a copy of our client’s J-1 visa page and DS-2019. Moreover, our office included a detailed brief explaining why our client’s J-1 program was not subject to the two-year foreign residency requirement. On November 18, 2019, we filed the Response to RFE.

Eventually, on May 5, 2020, the USCIS approved our client’s I-485 adjustment of status application. Our client is now a green card holder.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Cherry Hill, NJ

Our client came from the Philippines on a J-1 in January 2018 as an exchange student. According to her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States. 

In December 2018, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On January 30, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 11, 2019, our office sent our client’s materials 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 December 18, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on January 13, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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

NATIONALITY: Chinese

LOCATION: Jersey City, NJ

Our client is a citizen of China who came to the U.S. on a J-2 Visa in June 2012.  She came with her mother who came 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.

She turned 21 in November 2013. She would like to get a waiver because she has an employer who will file the H-1B petition for her. However, because of her two-year foreign residency requirement, our client cannot change her 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 November 2013.

Our firm was retained to do her J-2 waiver, and on March 15, 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 April 8, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On June 5, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: PERM Labor Certification

EMPLOYER: Online Advertising Company

BENEFICIARY: Pakistani E-Commerce Management Analyst

LOCATION: Brooklyn, NY

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a bachelor’s degree in business administration and has worked for her current employer under an H-1B status. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  

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 October 5, 2018, we promptly filed PERM.

However, on January 8, 2019, 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 January 23, 2019.  

Eventually, on May 10, 2019, the PERM Labor Certification was approved – an EB3 position for the Pakistani beneficiary. Since her priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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CASE: I-751

APPLICANT: Filipino

LOCATION: New Jersey

Our client contacted our office in December of 2017 regarding his I-751 application.

He is from the Philippines and he married a U.S. citizen in May 2015. Through his marriage, he obtained a 2-year conditional green card in April of 2016.  His conditional residency terminated in April 2018.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office again on December 19, 2017, and our office prepared an I-751 application for our client with other supplemental exhibits.

On January 25, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on March 19, 2019, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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Case: I-130/I-485
Applicant/Beneficiary – British
Location: New Jersey

Our client entered the United States in February 2018 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  In April 2018, our client and her U.S. citizen boyfriend married in the United States.

After they got married, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office. One main issue in her green card application through marriage was the fact that she came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Since our client resided in New Jersey, her application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  However, it was quite foreseeable that the USCIS field office will exercise its discretion to deny her application because of her visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on May 21, 2018.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before her authorized stay period was expired. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared via conference call. On February 22, 2019, our client was interviewed at the Mount Laurel, New Jersey USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved her green card application on the same day of the interview.  Now, our client becomes a green card holder.

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CASE: I-485 based on Approved I-140 (EB-3)

APPLICANT: Filipino

LOCATION: Newark, NJ

Our client came from the Philippines with a B-2 visitor’s visa in January 2017. He is a registered nurse in the Philippines and has an approved EB-3 I-140 petition from his prospective employer with a 2008 priority date.  While he was staying in the United States as a visitor, his priority date became current. He contacted our office to determine whether he can file his adjustment of status.

He retained us for his I-485 adjustment of status application on April 6, 2017. Our office filed an I-485 adjustment of status application for our client on April 13, 2017. 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 May 22, 2018, our client was interviewed at Newark, NJ USCIS office. Eventually, on June 18, 2018, his green card application was approved.

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