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Success Stories
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From Our Clients
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Marriage
One of the fastest and most common immigration cases are those based on marriage to a US Citizen.
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Family and Relative Immigration
From immigration of children, parents, siblings, to cases involving 245(i), CSPA, and the death of a petitioner, we are here to help.
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H-1B
H-1B petitions for employment in specialty occupations, from computer analysts, engineers, nurse managers, accountants, architects, doctors, feel free to contact us.
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Asylum
Past persecution or fear of future persecution on account of politics, race, religion, social group, or nationality. Let us guide you in the asylum application process.
Post image for Cap Exempt H-1B Approval for School Petitioner (Nonprofit Organization Affiliated with an Institution of Higher Education) in New Mexico and Filipina Middle School Math Teacher

CASE: H-1B Visa Petition

PETITIONER: School in New Mexico

BENEFICIARY: Filipina Middle School Math Teacher

ISSUES: Cap-Exempt, Research Organization

Our client is a non-profit organization affiliated with five institutions of higher education. They contacted our office in September 2017 to seek legal assistance from our office for their foreign employee. The beneficiary is a Middle School Math Teacher from the Philippines.  

The proffered position for the Beneficiary is a Middle School Math Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Science or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2018 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B).

Once retained, our office filed the H-1B visa petition with various supporting documents on October 13, 2017, 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 18, 2017.  She can now work for her employer for three years on an H-1B status.

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Post image for J-1 Waiver Through No Objection Statement for Indonesian Client in Ohio

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

NATIONALITY: Indonesian

LOCATION: Ohio

Our Indonesian client came to the U.S. on a J-1 Visa in May 2016.  She came to the U.S. for an internship, and her J-1 visa made her subject to the two-year foreign resident requirement.  In March 2017 our client married his U.S. Citizen husband and she wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office contacted the Indonesian 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 nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of her valid Indonesian passport, and a copy of Form DS-3035.

On March 22, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian 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 marriage based adjustment of status application but for the waiver.

The Indonesian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 7, 2017, 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 October 20, 2017. Now that our client’s two-year foreign residency requirement is waived, she can file adjustment of status application with her husband I-130 petition.

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Post image for Visa Waiver Green Card Approval Through Marriage for British Client in Dayton Ohio

Case: I-130/I-485
Applicant/Beneficiary – British
Location: Dayton, OH

Our client entered the United States in February 2017 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States only for 90 days.  In October 2016, our client and his U.S. citizen girlfriend married in the United States. Our client went back to the United Kingdom and came back to visit his wife in February 2017.

In March 2017, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on March 21, 2017.  One main issue in his green card application through marriage was the fact that he 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 Dayton, Ohio, his 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 his application because of his visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on May 2, 2017.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status and argued that the application was filed before his 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 September 28, 2017, our client was interviewed at the Cincinnati, Ohio USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved his green card application on the same day of the interview.  Now, our client becomes a green card holder.

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Post image for J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency Approval for Pakistani Client in Pakistan

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Pakistani
LOCATION: Pakistan

Our client is a citizen of Pakistan who came to the U.S. on a J-2 Visa in August 2015.  He came with his wife who held a J-1 Visa as a medical resident.  Both were subject to the two-year foreign residency requirement.

Unfortunately, his marriage did not work. Eventually, he got divorced from his ex-wife in November 2016. Our client had a pending I-129 H-1B petition for him, but it could not be approved unless he fulfilled his two year foreign residency requirement or obtain a waiver.

In June of this year, our client contacted our office. He retained our firm to do his J-2 waiver. On June 22, 2017, the J-2 Waiver (DS-3035) 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 was divorced from the J-1 visa holder.  Eventually, on July 14, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on September 26, 2017.

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Post image for With F1 Overstay No Unlawful Presence Argument, Immigrant Visa Approved for Thai Client

CASE: Immigrant Visa / Family-Based Petition

CLIENT: Thai

LOCATION: Bangkok, Thailand

Our client was in the United States on an F-1 status. He overstayed. Our client’s mother became a U.S. citizen and filed an I-130 petition for our client. This I-130 petition was approved, but he could not file adjustment of status due to his F-1 overstay. He was over 21.

Our client retained our office on May 4, 2016 for his immigrant visa application. He went home to Thailand as this was the only way he can immigrate through his mother. We had to argue that he had no unlawful presence despite his overstay because he was an F-1 overstay. Our office prepared and filed the immigrant visa packets, together with all necessary supporting documents, on June 20, 2016. Our office also prepared and drafted a brief to explain the eligibility of his immigrant visa despite his F-1 overstay.

Under 9 FAM 40,92 N1 on “Unlawful Presence: (b)(2):

DHS has interpreted ‘period of stay authorized by the Secretary of Homeland Security’ as used in the construction of unlawful presence in INA 212(a)(9)(B)(ii) to include… (2) For aliens inspected and admitted for ‘duration of status’ (DOS), any period of presence in the United States, unless DHS or an immigration judge or the BIA makes a formal finding of a status violation, in which case unlawful presence will only begin to accrue as of the date of the formal finding.”

Though our client overstayed his F-1 status, he never incurred any unlawful presence due to the “Duration of Status” clause implied on his F-1 entry, and the DHS, immigration judge, or the BIA never made any formal finding of a status violation on his part. Our client is also not inadmissible on any of the grounds laid out in INA 212(a).

Therefore, since our client is not subject to the unlawful presence bar and any of the inadmissibility statutes on INA § 212(a), he is eligible for an immigrant visa, based on the I-130 Petition filed by his U.S. citizen mother.

Prior to the interview, we thoroughly prepared our client. On October 5, 2016, our client was interviewed at the U.S. Embassy in Bangkok, Thailand. After the interview, our office filed another brief to the U.S. Embassy in Bangkok, Thailand for his eligibility for the immigrant visa. Eventually, on September 22, 2017, his immigrant visa was approved and issued by the U.S. Embassy in Bangkok, Thailand.  

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Post image for J-1 Waiver Through No Objection Statement Approved for Turkish Client in Oregon

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

NATIONALITY: Turkish                                                                                                        

LOCATION: Oregon

Our client is from Turkey who came to the U.S. on a J-1 Visa in 2010 as a short-term scholar for an internship. She did her internship program for 2 months and eventually got an admission from a university in the U.S. for her Ph.D. program. She got her F-1 student visa in July 2011 and currently is on F-1 OPT.  She wishes to apply for a waiver of the two year foreign residency requirement so that she may be eligible for an H-1B status and adjustment of status based on av potential petition from her current employer in the U.S.

She retained our office on May 16, 2017. Thereafter, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Turkish Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Turkish Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver and Turkish National ID.

On May 19, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Turkish Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client wants to change her status in near future.

 

Eventually, the Turkish Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On August 21, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On August 25, 2017, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement.

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Post image for H-1B Approval for Dental Clinic Petitioner, Korean Dentist Beneficiary in Cleveland Ohio

CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Korean Dentist in Cleveland, OH

Our client is a dental clinic located in Cleveland, Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Doctor of Dental Medicine in the United States. Moreover, she is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary was an associate dentist which we argued qualified as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2017 via regular processing. This H-1B petition was selected after the lottery.  Eventually, our client’s H-1B application was approved on August 29, 2017.

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Post image for H-1B Approval for Mental Health and Welfare Agency Petitioner, Taiwanese Outpatient Services Clinician Beneficiary in Columbus Ohio

CASE: H-1B Visa Petition

PETITIONER:  Mental Health and Welfare Agency for children

BENEFICIARY: Taiwanese Outpatient Services Clinician in Columbus OH

Our client is a comprehensive children’s mental health and child welfare agency in Columbus, OH.  They contacted our office in later February of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained her Master of Science in Social Administration in the United States. The proffered position for the Beneficiary is an Outpatient Services Clinician which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2017 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on August 19, 2017 without any Request for Evidence (RFE).

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Post image for J-1 No Objection Statement Waiver (Philippines) of Two-Year Foreign Residency Requirement Approved for Filipina Client in New York

CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: New York

Our client came from the Philippines on a J-1 in April 2015 to work as a visiting research fellow. According to her DS-2019, she was subject to the two-year foreign residency requirement.

In November 2016, 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 December 23, 2016, the J-1 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 the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in New York for further authentication.  On February 23, 2017, 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 July 6, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on July 25, 2017, 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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Post image for J2 IGA (Over 21) Waiver of Two-Year Foreign Residency Requirement, Interested Government Agency Approval for Chinese Client in New York

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

NATIONALITY: Chinese

LOCATION: New York City, NY

Our client is a citizen of China who came to the U.S. on a J-2 Visa in October 1995.  He came with his father who came on a J-1 Visa for his 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.

After our client’s father’s J-1 program was completed, his family moved to Canada. Our client came back to the United States with an H-1B visa after he obtained his current employment in New York.

He turned 21 in 2001. He would like to get a waiver because he has an approved I-140 petition for him. However, because of his two-year foreign residency requirement, our client cannot file an adjustment of status application 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 2001.

Our firm was retained to do his J-2 waiver, and on May 17, 2017, 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 June 9, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 27, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.

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