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Post image for I-140 National Interest Waiver Approval for Jordanian Researcher in the field of Pharmaceutical Science in Virginia

CASE: I-140 / National Interest Waiver

CLIENT: Jordanian

LOCATION: Virginia

Our client contacted us in November 2014 about the possibility of doing a National Interest Waiver. He is a researcher from Jordan and he is an exceptional researcher and scientist in the field of Pharmaceutical Sciences; specifically, his research focuses on discovery, design, and development of small molecules therapy or technology to treat various cardiovascular diseases and conditions. He obtained his J-1 hardship waiver through our office as well in 2014 and contacted our office again for his NIW.

His significant contributions have placed him at the pinnacle of the field of pharmaceutical science. He contributed to the drug discovery, design, and developmental aspects of glycosaminoglycans and their structural mimetics to treat various diseases including, but not limited to, thrombosis, inflammation, cancer, and several infectious diseases. His research were highly evaluated by reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 34-page brief for our client’s NIW filing. Our client also obtained 10 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication record, presentation record, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 116 exhibits (Exhibit A to LLLLL).

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on December 26, 2014. However, on May 29, 2016, the USCIS issued Requests for Evidence and requested our client to submit an updated ETA-9089 form. On May 31, 2016, our office filed the Response to RFE. Eventually, on July 12, 2016, his I-140 was approved by the USCIS.  When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will be approved soon as well.

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Post image for Exceptional Hardship J-1 Waiver Approval for Jordanian Client in Virginia

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

 NATIONALITY:  Jordanian

 LOCATION: Virginia

Our client came to the U.S. on a J-1 Visa in September 2007 from Jordan.  He came to the U.S. for his research program, and his J-1 visa made him subject to the two-year foreign resident requirement. Our client would like to file an I-140 self-petition under the National Interest Waiver Category and also an adjustment of status application.  However, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Our client could not pursue his waiver under the No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for his research program which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on the exceptional hardship standard. In fact, our client’s U.S. citizen son 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 exceptional 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 he retained our firm, we prepared and filed a waiver request through an exceptional hardship basis. On April 8, 2014 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support of our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen son’s medical conditions.  On April 17, 2014, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s son would experience exceptional hardship if our client needs to go back to Jordan for two years.

Eventually, the Department of State recommended a waiver for our client on November 7. 2014. Subsequently, the USCIS approved his I-612 waiver on November 12, 2014. Now that our client’s two-year foreign residency requirement is waived, he can file an I-140 NIW application along with his adjustment of status application in the United States (technically the I-140 NIW petition could have been filed, but the I-485 adjustment of status application could not be filed unless the waiver was approved).

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Post image for I-751 Removal of Conditions Approval for Jordanian Client in Ohio

CASE: I-751

APPLICANT: Jordanian

LOCATION: Ohio

Our client contacted our office in December of 2013 regarding her I-751 application.

She is from Jordan and married a U.S. citizen in November 2010. Through her marriage, she obtained a 2-year conditional green card in December of 2011.  Her conditional residency terminated in March 2014.

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 again on December 20, 2013 and our office prepared an I-751 application for our client with a lot of exhibits.

On January 2, 2014, our office filed an I-751 application to the USCIS with a birth certificate of their son, joint bank statements, joint tax records and photos of our client and her husband to demonstrate the bona fideness of their marriage.

We then got a receipt notice and the fingerprint notice was issued two weeks later.  However, USCIS issued a Request for Evidence (RFE) on May 6, 2014.  The USCIS requested our client to submit more documentary evidence to prove the bona fide nature of her marriage with her husband. In response to the RFE, our office prepared the response and gathered more joint documentary evidence to demonstrate the bona fide nature of our client’s marriage with her husband during last two years. We filed the RFE response on May 30, 2014 to USCIS.

Eventually, on July 1, 2014, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: Adjustment of Status / J-1 Waiver
NATIONALITY: Jordanian
LOCATION: Ohio

Our client is from Jordan who initially came to the U.S. on a J-1 Visa in 2009.  After the completion of her program, she went back to Jordan. She then married a U.S. Citizen in Jordan, and then came to the United States with a B-2 visitor visa in January 2011.

According to her DS-2019, she was subject to the two-year foreign residency requirement, so she could not adjust until she got a waiver.   In March 2011, she consulted with our firm for her adjustment of status and waiver of the two-year foreign residency requirement.

After we were retained, our office prepared and filed a waiver request through a No Objection Statement (NOS) from the Jordanian Embassy in the United States.  We also filed the I-130 petition for our client as well. The I-130 petition was approved on September 14, 2011.

On May 3, 2011 the J-1 Waiver was filed to the Department of State.  We sent a request to the Jordanian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust if she obtains the waiver.  The Jordanian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  Thereafter, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on October 4, 2011, the USCIS issued an I-612 approval notice for the waiver.

After the waiver was issued, our office filed the I-485 Adjustment of Status Application on November 14, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. We thoroughly prepared our clients prior to the interview.   On March 22, 2012, our client was interviewed at the Cleveland USCIS office.  We accompanied them at the interview as well.  On the same day, her green card application was approved, and our client obtained her green card.

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

For other marriage-based green card success stories, please click here.

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CASE: BIA Appeal and Refiled I-130
CLIENT: Jordanian
LOCATION: Toledo, Ohio

Our client is a Jordanian citizen who married her U.S. Citizen husband in Jordan in September 2009.  They had their marriage ceremony in Jordan, and our client came to the United States in October 2009 with an F-1 student visa.  Since September 2009, the couple has maintained their bona fide martial relationship in the United States.  The couple also entered a marriage contract in the United States after our client came here.  Once our client came to the United States, her U.S. citizen husband filed an I-130 Petition on her behalf.  They had an I-130 interview at the Cleveland USCIS Office in October 2010, but the USCIS issued a Notice of Intent to Revoke in March 2011.  The USCIS intended to revoke the I-130 petition because our client was not free and lawfully eligible to enter into a valid martial union at the time of their marriage.  Although our client prepared and submitted a response to Notice of Intent to Revoke with an assistance of her immigration counsel, the USCIS revoked the I-130 petition.

Our client consulted with our office in June 2011.  They explained to us what happened during the I-130 interview, and we thoroughly reviewed the USCIS’s revocation/denial decision.  After the review, we pointed out that there were several mistakes by previous counsel with regard to their marriage dates and I-130 filing. The USCIS even claimed that our client fraudulently procured her student visa in Jordan and did not disclose her marital relationship with her current husband.  However, our client clearly applied for her student visa prior to her marriage to her U.S. citizen husband, and when the student visa was issued, she was still not married to her husband. Yet previous counsel admitted fraud though there was not any, and submitted a waiver.

Based on these facts, our office prepared a BIA appeal brief with extensive documents to reverse the USCIS’s determination.  We filed the BIA appeal on July 10, 2011.  Our office also refiled the I-130 with supporting documents including affidavits and an explanatory brief with regard to the marriage between our client and her husband. Dates pertaining to the F-1 visa application and the marriage were emphasized. The USCIS received our I-130 refiled application on August 11, 2011.

On October 29, 2011, the USCIS approved the I-130 petition without conducting an interview again. With the approved I-130, our client can file for Adjustment of Status application in the United States to get her permanent residency.

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 marriage-based green card success stories, please click here.

For other success stories, please click here.

Also feel free to contract our office anytime for free immigration consultations.

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CASE: Termination of Removal Proceedings for Adjustment of Status With CIS
CLIENT: Jordanian
LOCATION: Cleveland, Ohio

Our client is a Jordanian citizen who came to the U.S. on a B-2 Visa in 2008. She resides in the greater Cleveland area with her U.S. citizen husband.  They were married in 2006 in Jordan, and prior to retaining our firm, her husband filed an I-130 petition for her while she was in Jordan. Unfortunately, his I-130 petition was denied by the USCIS due to his failure to prove a bona fide marital relationship. Since our client’s husband filed the I-130 by himself, he could not provide sufficient supporting documents when the USCIS issued the Notice of Intent to Deny.  Eventually, this I-130 petition was denied in July 2007, so our client could not come to the United States with a valid immigrant visa.

Thereafter, our client’s husband mistakenly filed Form I-129F to obtain a fiancée visa for our client. However, a K-1 fiancé visa could not be issued because they were already married at the time of the filing.  Thus, this K-1 visa was subsequently denied by the USCIS in 2008.

Our client then came to the the United States with a B-2 visitor visa in December, 2008, but she did not leave the country even after her authorized period of stay was expired. She started to reside with her husband in Ohio. In March 2010, the DHS issued her a Notice to Appear. She was placed in removal proceedings.

They visited our office in early April of 2010.  Once retained, our office promptly filed an I-130 Petition with bona fide marriage evidence. Their I-130 interview was scheduled in December, 2010, and our office thoroughly prepared and accompanied them for the interview. The interview lasted two hours but the I-130 petition was eventually approved.  Our office represented her also at her Master Calendar hearings in Cleveland Immigration Court.

Once the I-130 was approved, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS counsel in Cleveland agreed to terminate our client’s proceedings.  Ultimately, the Immigration Judge granted the Motion to terminate without prejudice and her case was transferred to the USCIS Cleveland Office for final adjudication.

Her I-485 Adjustment of Status interview was scheduled on June 28, 2011, and we accompanied our client and her husband at the interview.  After the interview, the CIS officer recommended her I-485 for approval.  Five years after their marriage, after struggling through the immigration system, our client finally has her green card.

For more success stories, please click here.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Jordanian

LOCATION: Ohio

ISSUES: Permanent Residency Based on Marriage

Our client contacted us in November 2010.  She came to the United States from Jordan and married her U.S. citizen spouse eight years ago and through this marriage, she was able to obtain a green card in the United States.  She retained our office to assist her citizenship application.

Their marriage was bona fide, but a major issue was the separation of the couple years after the marriage. Although their marriage was not terminated, they physically reside in different places.  Our client was concerned about this issue because it might create an adverse effect on her naturalization application. After our initial consultation with the client, our office advised her that this issue will not be problematic since her marriage was bona fide at the inception of the marriage.  Moreover, she successfully removed the condition after two years of her marriage. She was also not applying around three years from the time her permanent residency was issued (in which case she still should be living with her US Citizen spouse), she was applying three months prior to the five-year anniversary of her permanent residency issuance (thus no need for her to be living with her husband for naturalization purposes).Therefore, it should not be a problematic issue.

The application was filed on November 23, 2010 with supporting documents. Attorney Sung Hee (Glen) Yu of our office prepared her before the interview, and was also accompanied by him on February 1, 2011 at the Cleveland CIS office.  Our client answered all questions correctly and passed her citizenship interview.  On February 7, 2011 her N-400 was approved. Her oath taking is scheduled for February 18, 2011 in which she will be a U.S. Citizen.

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