CASE: Adjustment of Status Based on Marriage
NATIONALITY: Filipino
LOCATION: Ohio
Our client is a Filipino national who came to the U.S. on an tourist visa back in 2002 and overstayed. On August 2003 he married a permanent resident. A petition was filed for her however since he was not a citizen yet, she could not apply for her green card. In the meantime to support herself she did various work, from hair and beauty to cleaning. Eventually her husband became a U.S. Citizen and she retained our office for her adjustment of status. One of her issues was that she was caught speeding and beating the red light on separate occasions, which led to Driving Without a License arrests and charges. She did not have the records nor any recollection of the disposition on those cases, nor did she know how many she had. An immigration provision may make her ineligible for a green card with 3 Driving Without a License convictions. However, “Traffic Violations” do not make a green card applicant inadmissible. So our office obtained the court documents for our client, making phone calls and going all the municipal courts that adjudicated her case. Upon reviewing the documents, we deemed these were indeed traffic violations that should not prevent her from obtaining a green card. She also only had one conviction for the no license charge as the others were dismissed. The green card application was filed in February 18, 2010. To avoid delays and potential Requests for Evidence, we included the traffic records with a notation that they were only traffic records which should not be an issue and that the others were dismissed. The case indeed did not have any delays nor Requests for Evidence, and our client was scheduled for her interview in May 27, 2010. Prior to the interview, despite the marriage petition already approved, our office prepared both the client and her US Citizen husband in case both are interviewed. Note that the I-485 interview notice did not stipulate that the husband would also be interviewed. At the interview in Cleveland, the officer actually interviewed both the husband and the wife, and asked them questions on separate occasions regarding the validity of the marriage. It was a good thing they were both prepared. The interview thus went smoothly. On June 7, 2010, 10 days after the interview, and 8 years after she first arrived in the United States, our client finally received her green card.
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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Filipino
LOCATION: New Jersey
Our client is a Filipino national who came to the U.S. on an J-2 Visa. He came with his wife who was on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning you would have to go back to your home country for two-years before you can apply for permanent residency and some non-immigrant visas. He got divorced from his wife and later on thought of marrying his U.S. Citizen girlfriend. He consulted with our firm on whether he can apply for a green card upon marriage. We told him he could not because he is still subject to the two-year foreign residency requirement. We first had to do a waiver of this requirement. Our firm was retained to do this J-2 waiver on April 7, 2010. On April 9, 2010 the J-2 Waiver 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 is divorced from the J-1 visa holder. On April 28, 2010 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On May 28, 2010, the USCIS approved the waiver of the 2-year foreign residency requirement. Our client can now get married and apply for his green card without having to go back to the Philippines and be separated from his fiancé for two years.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
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CASE: Change of Status from J-1 to B-2 Visitor
NATIONALITY: Filipino (Philippines)
LOCATION: Ohio
Our client is a Filipino national who came to the U.S. on a J-1 Visa. She consulted with our firm a few weeks before the expiration of her J-1 status. She wanted to continue to stay in the United States for a few more months to visit her relatives and see what her options were. We explained to her that CIS has been more stringent on Visitor status applications. We also explained that a Change of Status from a J-1 is even harder than an Visitor extension application. Upon retention, we asked her to prepare a statement on her plans after the expiration of her J-1 program. We asked her to provide as much detail as possible as we reviewed her drafts several times. We made sure all addresses, contact information, and dates on her statements were complete and accurate. We made sure all her plans were supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence by the CIS. Letters from family and friends all over the country were obtained, as well as financial and employment documents from the Philippines. We filed the Application and in a few weeks, her change of status to B-2 visitor was approved with no Requests for Evidence.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
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