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Post image for J-1 Waiver Through Exceptional Hardship Approved for Indonesian Client in New Jersey

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Extreme Hardship

NATIONALITY:  Indonesia

LOCATION: New Jersey

Our client came from Indonesia in 2007 with a valid J-1 visa.  She got her J-1 status as a student for her graduate studies, and she was a recipient of a Fulbright scholarship for her studies.  Her J-1 status made her subject to the two-year foreign resident requirement. Once her J-1 program was completed, she remained in the United States and pursued her Ph.D. program under F-1 status. Later, she married her current U.S. citizen husband and became a mother of a U.S. citizen child. Our client would like to file her adjustment of status application along with her husband’s I-130 petition; however, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue her waiver under No Objection Statement or Interest Government Agency (IGA). As mentioned above, our client also received government funding (Fulbright Scholarship) for her studies which made her case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue her J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen daughter is experiencing exceptional medical hardships.

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.”

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978).

After she retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On November 24, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen daughter’s medical conditions.  On December 17, 2015, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s daughter would experience exceptional hardship if our client needs to go back to Indonesia for two years.

Eventually, the USCIS approved her I-612 waiver on November 28, 2016. Now that our client’s two-year foreign residency requirement is waived, she can file her adjustment of status application along with her husband’s I-130 petition in the United States.  

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Post image for J-1 Waiver No Objection Statement Approval for Indonesian Client in Providence Rhode Island

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

 NATIONALITY: Indonesian

 LOCATION: Providence, RI

Our Indonesian client came to the U.S. on a J-1 Visa in June 2012.  She came to the U.S. for her post-doctoral research program, and her J-1 visa made her subject to the two-year foreign resident requirement.  Her research and higher education enhanced her interest in the field, and she would like to further her future research and development projects through a possible National Interest Waiver application.  However, since most of the research projects that interest her will take a longer time, she anticipates that most employers will eventually wish to petition her for an alternate form of visa such as H-1B. However, due to the two-year foreign residency requirement, she had to obtain a waiver first before she could change her current status in the United States.

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 September 17, 2015, 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 change 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 November 16, 2015, 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 December 21, 2015.  Now that our client’s two-year foreign residency requirement is waived, she can be a beneficiary of other non-immigrant visa in the United States without going back to Indonesia for 2 years. She can also file an EB2 I-140 NIW Petition and be eligible for adjustment of status.

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Post image for J-1 Waiver on Indonesian No Objection Statement Approved for Indonesian Client in Texas

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

NATIONALITY: Indonesian

LOCATION: Texas

Our client is from Indonesia who came to the U.S. on a J-1 Visa in August 2014.  He came to the U.S. for Internship training. His J-1 program made him subject to the two-year foreign residency requirement.

 In May 2015, our client married his U.S. Citizen wife.  He is eligible to get a green card through his marriage to U.S. citizen; however, before he file his I-130/I-485 application simultaneously, he has to get a waiver of his two-year foreign residency requirement. In order to get a waiver of his two-year foreign residency requirement, he consulted with our office and later decided to retain our office on May 15, 2015.

Once retained, our office promptly prepared and filed a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office and our client contacted the Indonesian Embassy in Washington D.C. to pursue the waiver for our client.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of valid Indonesian passport, and a copy of Form DS-3035 application.

On May 28, 2015, 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 is eligible to file a marriage based adjustment of status on an I-130 Petition.

The Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On July 16, 2015, 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 of the two-year foreign residency program on August 17, 2015.  Now, our client can file his adjustment of status application along with an I-130 petition.

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Post image for Green Card Approval after Final Order, Motion to Reopen on I-130 Approval, and Termination of Proceedings for Indonesian Client in Boston, MA

CASE: Adjustment of Status (I-485) / Motion to Reopen and Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Indonesian
LOCATION: Boston, MA

Our client is from Indonesia who came to the U.S. on a B-2 visitor’s visa in March 2004. After she entered to the United States, she has remained in the United States even after her authorized stay expired.

Later, she filed for asylum and withholding of removal in April 2006, but the Immigration Judge in San Francisco, CA denied all applications for relief. She filed an appeal to the BIA, but in June 2007, the Board affirmed the Immigration Judge’s findings and dismissed the appeal. She then proceeded to appeal her case in Federal Circuit Court, was denied, and she even filed a Motion to Reopen which was denied in January 2013.

Our client remained in the United States despite the final order of removal.

She then married her current U.S. citizen husband in August 2012. Her husband filed an I-130 petition in November 2012, which was subsequently approved by the USCIS in November 2013.

Our client and her husband were wondering whether she has any viable option for her immigration status.  After careful review, our office determined that we can file a Request to Joint in a Motion to Reopen based on the I-130 approval and Bo Cooper’s May 17, 2001 Memorandum. Our client retained our office on December 4, 2013.

Once retained, our office prepared and filed a Request to Join in a Motion to Reopen and Terminate to the San Francisco DHS office on February 21, 2014. Our office prepared an extensive brief along with several supporting documents to request a favorable exercise of DHS’s discretion on this case.

We argued that DHS should consider the following factors as set forth in Bo Cooper’s May 17, 2001 Memorandum: (1) whether adjustment of status was available at the prior hearing; (2) whether the alien is statutorily eligible for adjustment of status; and (3) whether the alien merits a favorable exercise of discretion. Bo Cooper, Motions to Reopen for Consideration of Adjustment of Status (May 17, 2001). In considering these factors, as delineated in William J. Howard’s October 24, 2005, Memorandum, Where a motion to reopen for adjustment of status… is filed on behalf of an alien with substantial equities, no serious criminal or immigration violations, and who is legally eligible to be granted relief except that the motion is beyond the 90-day limitation contained in 8 C.F.R. § 1003.23, strongly consider exercising prosecutorial discretion and join in this motion to reopen to permit the alien to pursue such relief to the immigration court.” William J. Howard, Prosecutorial Discretion (October 24, 2005).

Our office argued that if our client’s case is reopened, she will be prima facie eligible to adjust her status. Our client has been living in the United States since 2004, has no criminal record, and has an approved I-130 petition based on the marriage to U.S citizen spouse.

As a result, the DHS office agreed to join in our Motion to Reopen and Terminate on April 21, 2014. The DHS filed the joint motion to the San Francisco Immigration Court, and our client case was reopened and terminated by the San Francisco Immigration Court on July 8, 2014.

Once her case was terminated she retained our office again for her I-485 adjustment of status application. Our firm prepared and filed the Adjustment of Status Application and the Employment Authorization Document application on July 22, 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 client via conference call. On November 3, 2014, our client was interviewed at the Boston, MA USCIS.  The interview went well, and on the same day, her green card application was approved.

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Post image for I-130 I-485 Marriage Based Petition and Adjustment of Status Approval for Indonesian Client in Cleveland Ohio

CASE: Marriage-Based I-130 Petition and I-485 Adjustment of Status

CLIENT: Indonesian

LOCATION: Cleveland, OH

Our Indonesian client came to the United States on an H-2B visa in August 2006. Later, he married a U.S. Citizen in March 2014 and retained our office on April 8, 2014 for his adjustment of status application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 18, 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 in our office.

On July 17, 2014, our client was interviewed at the Cleveland, OH USCIS.  Attorney JP Sarmiento from our office accompanied them as well. On the same day, his green card application was approved.

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Post image for Request to Join in a Motion to Reopen with DHS Approved for Indonesian Client in Kentucky

CASE: Joint Motion to Reopen and Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Indonesian
LOCATION: Kentucky; San Francisco (EOIR)

Our client is from Indonesia who came to the U.S. on a B-2 visitor’s visa in March 2004. She has remained in the United States past her authorized period of stay.  Later, she filed for asylum and withholding of removal in April 2006, but the Immigration Judge in San Francisco, CA denied all applications for relief.

She filed an appeal with the BIA, but in June 2007, the Board affirmed the Immigration Judge’s findings and dismissed the appeal. She then proceeded to appeal her case at the Federal Circuit Court, but was denied. She even filed a Motion to Reopen, which was also denied in January 2013.

Our client remained in the United States with the final order of removal.

She married her current U.S. citizen husband in August 2012. Her husband filed an I-130 petition in November 2012, which was subsequently approved by the USCIS in November 2013.

Our client and her husband consulted our firm. They wish to know if she has any viable options for her immigration status.

After careful review, our office determined that we can file a Request to the DHS to join in a Motion to Reopen based on the I-130 approval and Bo Cooper’s May 17, 2001 Memorandum.

Our client retained our office on December 4, 2013.

Once retained, our office prepared and filed a Request to Join in a Motion to Reopen and Terminate to the San Francisco DHS office on February 21, 2014. Our office prepared an extensive brief along with multiple supporting documents to request a favorable exercise of DHS’s discretion on this case. Our client’s husband was a member of the US army, deployed in Afghanistan several times, and that was part of our argument.

We argued that DHS should consider the following factors as set forth in Bo Cooper’s May 17, 2001 Memorandum: (1) whether adjustment of status was available at the prior hearing; (2) whether the alien is statutorily eligible for adjustment of status; and (3) whether the alien merits a favorable exercise of discretion. Bo Cooper, Motions to Reopen for Consideration of Adjustment of Status (May 17, 2001). In considering these factors, as delineated in William J. Howard’s October 24, 2005, Memorandum, “Where a motion to reopen for adjustment of status… is filed on behalf of an alien with substantial equities, no serious criminal or immigration violations, and who is legally eligible to be granted relief except that the motion is beyond the 90-day limitation contained in 8 C.F.R. § 1003.23, strongly consider exercising prosecutorial discretion and join in this motion to reopen to permit the alien to pursue such relief to the immigration court.” William J. Howard, Prosecutorial Discretion (October 24, 2005).

Our office argued that if our client’s case is reopened, she will be prima facie eligible to adjust her status. Our client has been living in the United States since 2004, has no criminal record, and has an approved I-130 petition based on the marriage to U.S citizen spouse.

Eventually, the DHS office agreed to join in our Motion to Reopen and Terminate on April 21, 2014. The DHS filed the joint motion to the San Francisco Immigration Court, and our client case will be reopened and terminated soon.

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Post image for Green Card Based on Marriage to US Citizen I-130 and I-485 Approval for Indonesian Client in Long Island City New York

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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Post image for From Jail to Removal Proceedings to Marriage Green Card Approval for Indonesian Client in Cleveland Ohio

CASE: I-485 Approval
CLIENT: Indonesian
LOCATION: Cleveland, Ohio

Our client came to the U.S. on a valid B-2 visa from Indonesia in March 2003. Our client had a final order of removal after his asylum case was denied at the Cleveland Immigration Court and then by the BIA.

In December 2011, our client married his U.S. Citizen wife and through our office, filed an I-130 petition on January 3, 2012. Unfortunately, our client was picked up by Immigration and Customs Enforcement due to his final order. So after we obtained the I-130 receipt notice, even before the I-130 was approved, we filed a Motion to Reopen on January 10, 2012, within the 90-day deadline for filing Motions to Reopen with the BIA.

Eventually, the BIA granted our client’s Motion to Reopen on February 8, 2012, and remanded it to the Immigration Judge to allow our client to apply for adjustment of status (green card). Our client got out of jail.

Our client’s I-130 interview was scheduled on July 23, 2012 at Cleveland USCIS Field Office. Prior to the interview, our office thoroughly prepared our client and his wife for the interview. Attorney Sarmiento also accompanied them for their interview. The I-130 petition was eventually approved the next day.

After the I-130 was approved, our office filed a request to join in a Motion to Terminate proceedings with a copy of the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings at our client’s Master Calendar hearing on November 7, 2012. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice.

Once his case was terminated by the Immigration Court, our office prepared and filed the I-485 Adjustment of Status Application on November 27, 2012, together with other necessary forms and supporting documents. 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 over the conference all.

On February 7, 2013, our client was interviewed at the Cleveland CIS office. Our client was fully prepared and the interview went well.  On the same day, his green card application was approved.

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Post image for J-1 Waiver No Objection Statement for Indonesian Client in San Francisco California

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

NATIONALITY: Indonesian

LOCATION: San Francisco, CA

Our Indonesian client came to the U.S. on a J-1 Visa in September 2007.  He came to the U.S. for his research program, and his J-1 visa had him subject to the two-year foreign residency requirement.

He wished to take advanced studies to pursue his Master’s degree in the United States and got a student visa in Indonesia. He came back to the United States in 2011, completed his master’s program and thereafter applied for OPT.

His research and higher education enhanced his interest in the field, and he wanted to further his research and development acumen. However, since most of the research projects that interest him will take a longer time, and since some of the projects he has discussed have resulted in the employers/institutions inquiring whether he is eligible to work beyond his OPT, he anticipated that most employers will eventually wish to petition him for an alternate form of visa such as an H-1B.

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 Indonesian Embassy in the United States.  We included nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Indonesian passport, and a copy of Form DS-3035.

On November 2, 2012 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 change 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 December 6, 2012, 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 December 18, 2012.  Now that our client’s two-year foreign residency requirement is waived, he can be a beneficiary of other non-immigrant visa petitions in the United States without having to go back to Indonesia for 2 years.

FREE CONSULTATIONS

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

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

NATIONALITY: Indonesian

LOCATION: Cleveland, Ohio

Our Indonesian client came to the U.S. on a J-1 Visa in July 2007.  He came to the U.S. for business training, and his J-1 visa made him subject to the two-year foreign resident requirement.

In June 2012, our client married his U.S. Citizen wife and he wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, he had to obtain a waiver first.

After he 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 his valid Indonesian passport, and a copy of Form DS-3035.

On July 10, 2012 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 16, 2012, 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 November 19, 2012.  Now that our client’s two-year foreign residency requirement is waived, he can file for adjustment of status application with his wife’s I-130 petition.

FREE CONSULTATIONS

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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For other J-1 waiver success stories, please click here.

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Also feel free to contact our office anytime for free consultations.

 

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