CASE: Marriage-Based Adjustment of Status.

NATIONALITY:Filipina

LOCATION: New York, NY

Our client is from the Philippines who came to the U.S. on a J-1 Visa in July 2005.  Upon completion of her J-1 program, she remained in the United States and changed her status to H-1B.  She was subject to the two-year foreign residency requirement.

In April 2013, she got married to her U.S. citizen husband.

She was eligible to get a green card through her marriage to U.S. citizen; however, before we can file her I-130/I-485 application simultaneously, she had to get a waiver of her two-year foreign residency requirement. In order to get a waiver of her two-year foreign residency requirement, she retained our office.

Our office worked on our client’s J-1 waiver.  Eventually, the Philippine Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On November 26, 2013, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS receipted the fee and issued an I-612 approval notice for our client’s waiver.

After we received the I-612 waiver, our firm prepared and filed an I-130 petition and I-485 adjustment of status application on January 16, 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 through the conference calls.  On April 9, 2014, our client was interviewed at the New York USCIS office.  On the same day, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Indian
LOCATION: Long Island, NY

Our client came to the United States in September 2006 with an H-1B work visa from India. Since then, he has maintained his H-1B status, and his employer filed an I-140 petition for him as well.

He married a U.S. Citizen in June 2013 and retained our office on August 7, 2013 for his adjustment of status application.

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 9, 2013.  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 March 6, 2014, our client was interviewed at the Holtsville, NY USCIS.  Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. On the same day, his green card application was approved.

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CASE: H-1B Change of Employer

PETITIONER: Fashion Retailer Company

BENEFICIARY: Filipina Textile Product Designer

LOCATION: New York, NY

Our client is a nationwide fashion retailer headquartered in New York City. They contacted our office in late September 2013 to seek assistance from our office for their foreign employee. The beneficiary is from the Philippines and she obtained her Bachelor’s degree in fashion design and marketing. The proffered position for the Beneficiary is textile product developer/designer which we argued qualifies as a specialty occupation

The foreign beneficiary in this case already had her H-1B from her previous employer which was in a similar industry.  Her H-1B status was not yet expired, and she wanted to extend her H-1B status on a change of employer basis.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on November 5, 2013 via regular processing.  Since this petition was based on a change of employer, this petition was exempt from the annual cap of the H-1B.  Thus, we could file prior to April 1, 2014.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on February 13, 2014.  Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for the next three years.

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CASE: Marriage to US Citizen Green Card

CLIENT: Argentinian

LOCATION: New York, NY

Our client came to the United States from Argentina with a B-2 Visitor Visa in March 2013. Later, he married his current wife, who was a green card holder at the time of filing, in September 2013. His I-94 was not expired at the time of his green card filing as well.

Our client retained our office in early September 2013 for his I-130 petition and I-485 adjustment of status application. Although the Petitioner was a green card holder, we could file the I-130 / I-485 simultaneously at that time because the priority date for the F2A category was current in August and September 2013. Our office prepared and filed an I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on September 10, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

While his green card application was pending, our client’s wife became a naturalized U.S. Citizen in November 2013. Thus, our client’s case can be upgraded from the F2A category to Immediate Relative, which has available immigrant visa numbers all the time.

Prior to the interview, we thoroughly prepared our clients through conference calls. On January 24, 2014, our client was interviewed at the New York, New York USCIS office. Eventually on February 6, 2014, his green card application was approved.

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CASE: Marriage-Based Petition and Adjustment of Status

NATIONALITY: Indonesian

LOCATION: Long Island City, NY

Our client is from Indonesia who came to the U.S. on a J-1 Visa in September 2000.  She came to the U.S. for business training, but her J-1 program made her subject to the two-year foreign residence requirement.

In June 2012, our client married her U.S. Citizen husband.  She would’ve been eligible to get a green card through her marriage, however, before we file her I-130/I-485 application simultaneously, she had to get a waiver of her two-year foreign residency requirement first.

In order to get a waiver of her two-year foreign residency requirement, she consulted with our office and later decided to retain our office on July 23, 2012.

Our office first worked on her J-1 waiver. Eventually, the Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.

On September 24, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice for our client’s waiver of the two-year foreign residency program on October 5, 2012.

Later on, our client retained us for her green card, so our firm prepared and filed the I-130 petition and I-485 adjustment of status application on August 8, 2013.  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 January 30, 2014, our client was interviewed at the Long Island City USCIS Field office in New York.  On the same day, her green card application was approved.

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CASE: VAWA (Violence Against Women Act) Cancellation of Removal

CLIENT: Colombian

LOCATION: New York Immigration Court in New York City, NY

Our client came to the United States in 1994 with a valid J-1 visa from Colombia. After her J-1 status expired, she remained in the United States. She married her U.S. citizen husband in October 2006. However, her marriage to her ex-husband turned to be very abusive and her marriage ended in divorce in 2009.

She suffered a lot throughout her marriage due to the physical violence and mental abuse she experienced from her ex-husband. She has longstanding medical issues as well. She has low thyroid function due to an auto-immune disorder which requires regular supplementation of the thyroid hormone. Our client also has Systemic Lupus Erythematosus, a very serious auto-immune disorder which in her case has manifested as a severe and sometimes disabling inflammatory arthritis. She is also diagnosed with thyroid cancer which appeared in 2006.  She already had three surgeries for her cancer and she is taking medication and mild chemo-therapy. She was having a hard time without any valid immigration status.

She contacted our office in July 2011 when she was served a Notice to Appear (NTA) for her immigration law violation. After careful review of her case, we determined that she is eligible for VAWA cancellation relief at the immigration court.

INA Section 240A(b)(2) provides that the applicant for VAWA cancellation of removal must:

• Have been battered or suffered extreme cruelty by a spouse who is or was a USC or LPR;
• Have been present physically in the United States for three years before applying;
• Be a person of good moral character during the period of physical presence;
• Not have been convicted of an aggravated felony;
• Not be inadmissible or deportable due to certain criminal, security, or marriage fraud violations; and
• Demonstrate that removal would result in extreme hardship to the applicant.

The case originated in Buffalo, NY, but venue was later changed to New York City. Our client appeared at the New York Immigration Court on January 13, 2012 for her initial master calendar hearing. Our attorney represented her at the hearing, did pleadings and sought for VAWA cancellation relief. After the Master Calendar Hearing, the Court scheduled an individual hearing date on April 30, 2013.

Our firm worked with our client and her friends and family members for the application and supplemental documents. We gathered a lot of her documents regarding her former spouse’s abuse, medical documents and extensively worked on our client’s affidavit. We also contacted our client’s friends for supporting documents and letters of support.

In preparing our client for the Individual Hearing, Attorney Yu talked to our client through conference calls several hours each time. Our firm eventually was able to gather supporting documents and prepared supplemental evidence with multiple exhibits, and arranged them pursuant to the specific elements of VAWA Cancellation.

At the Individual Hearing on April 30, 2013, Attorney Yu represented our client at the New York Immigration Court in New York City, NY. Testimony then followed and we questioned our client extensively on the abuse and hardship factors of her case. Attorney Yu questioned her regarding her length of residence in the U.S., her medical condition, physical and mental suffering that she experienced from her previous marriage, employment history, educational history, family issues and hardships to her and her family members if she was to be deported to Colombia. Our client was prepared, was very consistent, and was honest in her answers.  After direct examination, the DHS counsel only asked a few more questions.

After the hearing, the Immigration Judge determined that he could not issue a decision due to the unavailability of the quota.  Under INA Section 240A(e)(1), Congress limited the number of cancellation applicants who may adjust status to lawful permanent residence each year to only 4,000. Thus, she had to wait until October 2013 when the annual quota resets.

In the end, the New York Immigration Court granted our client’s VAWA cancellation of removal relief on December 2, 2013. It was a tough call and our firm was very happy for our client. She has been here since 1994 and suffered a lot in the past. Nevertheless, she finally is a green card holder.

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CASE: J-1 Visa Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: New York, NY

Our Filipina client came on a J-1 visa in July 2005. Upon completion of her J-1 program, she remained in the United States and changed her status to H-1B. However, she was subject to the two-year foreign residency requirement.

In April 2013, she got married to her U.S. citizen husband and later consulted with our firm for her J-1 visa waiver. She had to do this first before becoming eligible to adjust status.

Upon retention, our office prepared and filed a waiver request based on a possible No Objection Statement (NOS) from the Philippine Embassy in the United States.

On July 15, 2013, the J-1 Visa Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the New York State Government to get authentication for necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippine Government) were sent to the Philippine Consulate in New York for further authentication. On August 2, 2013, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. The Waiver Review Committee eventually approved the No Objection request and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement to the U.S. Department of State.

On November 26, 2013, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on December 2, 2013, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment of status application along with her U.S. Citizen husband’s I-130 petition.

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CASE: H-1B Visa Petition
PETITIONER: Research Foundation in New York, NY
BENEFICIARY: Canadian Foundation Relations Development Specialist in Vancouver, B.C., Canada
ISSUES: Cap-Exempt, Research Organization

Our client is one of the leading research / grant making foundations in the United States. Its New York office contacted our office in late of September to seek legal assistance from our office for their foreign employee. The beneficiary previously worked as a coordinator and an acting officer of a large hospital in Canada and gained experience in development and fundraising database management.

The beneficiary currently is in Vancouver, B.C., Canada. The Beneficiary has a Bachelor’s and Master’s degree from the United States. The proffered position for the Beneficiary is a Foundation Relations Development Specialist. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2014 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit research organization as defined in 8 C.F.R. 214.2(h)(19)(iii)(C). Under the provisions of INA Section 214(g)(5), “the numerical limitations contained in paragraph (1)(A) shall not apply to any non-immigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b) who –

(B) is employed (or has received an offer of employment) at a nonprofit research organization or a governmental research organization.”

The June 6, 2006 Michael Aytes’ Memo (Published by USCIS) on Guidance Regarding Eligibility for Exemption from the H-1B Cap Based on Section 103 of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) outlines the fee and cap exemption for nonprofit research organization as defined in 8 C.F.R. 214.2(h)(19)(iii)(C).  Under 8 C.F.R. 214.2(h)(19)(iii)(C), a non-profit research organization is “an organization that is primarily engaged in basic research and/or applied research. Basic research is also research that advances scientific knowledge, but does not have specific immediate commercial objectives although it may be in fields of present or potential commercial interest.  It may include research and investigation in the sciences, social sciences, or humanities.  Applied research is research to gain knowledge or understanding to determine the means by which a specific, recognized need may be met.  Applied research includes investigations oriented to discovering new scientific knowledge that has specific commercial objectives with respect to products, processes, or services.  It may include research and investigation in the sciences, social sciences, or humanities.”

Thus, our office argued that our client-company is qualified as a non-profit research organization as defined in 8 C.F.R. 214.2(h)(19)(iii)(C).

Once retained, our office filed the H-1B visa petition with various supporting documents on October 7, 2013 via premium processing. There were no Requests for Evidence during the processing of the H-1B. Eventually, our client’s H-1B application was approved on October 10, 2013.  She can now work for her employer for three years on an H-1B status starting October 14, 2013.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Indian
LOCATION: New York, NY

Our client came to the United States in 2007 with an H-1B work visa from India.  He married a U.S. Citizen in September 2012 and retained our office on March 4, 2013 for his adjustment of status application.

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on April 8, 2013.  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 22, 2013, our client was interviewed at the New York City, NY USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well.

On August 23, 2013, his green card application was approved.

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

CLIENT: Russian

LOCATION OF COURT: New York, NY

LOCATION OF CLIENT: Texas

Our client is from Russia who came to the U.S. on a J-1 Exchange Visitor Visa in June 2005. She then changed her status to F-1 in November 2005, but she failed to maintain her F-1 status after that.  She was thereafter placed in removal proceedings in New York, NY. She applied for asylum.

Our client married her U.S. citizen husband in November 2011 in Brooklyn, NY. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in April 2013. She applied for adjustment of status by herself with the CIS, but this was denied due to lack of jurisdiction.

She contacted our office around May 2013 to seek legal assistance. She retained our office in May 28, 2013.

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 New York ICE-DHS office. In less than a month, the DHS counsel in New York agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on July 2, 2013. Now, she can file her I-485 adjustment of status application with the CIS.

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