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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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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 J2 IGA (Over 21) Waiver of Two-Year Foreign Residency Requirement, Interested Government Agency Approved for Malaysian Client in Lincoln Nebraska

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

NATIONALITY: Malaysian

LOCATION: Lincoln, NE

Our client is a citizen of Malaysia who came to the U.S. on a J-2 Visa in 1990.  She came with her step-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 came to the United States, she remained here beyond the expiration of her authorized period of stay. She completed her secondary schools and pursued her graduate program in the United States as well.

He turned 21 in 1997. Nonetheless, she did not know of the waiver process, and just stayed in the United States without any legal status.

Our client married her current U.S. citizen husband in August 2015. She would like to get a waiver because she can get a green card based on her U.S. citizen husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot change her status 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 1997.

Our firm was retained to do her J-2 waiver in August 2016. On August 5, 2016, 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 August 26, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On November 4, 2016, the USCIS issued an I-612 approval notice for our client’s waiver request.

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Post image for Malaysian J-1 Waiver No Objection Statement Approval for Client in Boston, MA

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

 NATIONALITY: Malaysian

 LOCATION: Boston, MA

 

Our Malaysian client came to the U.S. on a J-1 Visa in November 2013.  He came to the United States to work and get training, but his J-1 visa made him subject to the two-year foreign resident requirement.  His workand training program in the U.S. enhanced our client’s interest in his field, and he would like to gain employment in the U.S. beyond his J-1 term. His employer would like to file a petition for him to change his non-immigrant status from J-1 to L-1. 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 Malaysian Embassy in the United States.  Our office contacted the Malaysian 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 different documents including a statement of reason for the waiver.

 

On February 13, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian 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 Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. 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 August 17, 2015.  Now that our client’s two-year foreign residency requirement is waived, he can be a beneficiary of other non-immigrant visa in the United States without going back to Malaysia for 2 years.

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

 NATIONALITY: Malaysian

 LOCATION: Michigan

Our Malaysian client came to the U.S. on a J-1 Visa in August 2008.  He came to the United States to pursue his Bachelor’s program, and his J-1 visa made him subject to the two-year foreign resident requirement.  He later changed his status from J-1 to F-1 when he started this Master’s program. His research and higher education enhanced his interest in the field, and he would like to further his studies in the field.

However, since most of the research projects that interest him will take a longer time, and since some of the projects he had inquired on have resulted in the employers/institutions inquiring whether he is eligible to work beyond the 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 Malaysian Embassy in the United States.  Our office contacted the Malaysian Embassy in New York and Washington D.C. to make sure we got all the requirements needed for their office to issue a no objection statement.  The Embassy requested different documents including a statement of reason for the waiver.

On October 24, 2013 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian 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 Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. 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 September 18, 2014.  Now that our client’s two-year foreign residency requirement is waived, he can be a beneficiary of other non-immigrant visa in the United States without going back to Malaysia for 2 years.

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Post image for Derivative Asylee Adjustment of Status Green Card Approval for Malaysian Client in Virginia

CASE: Derivative Asylee Adjustment of Status

CLIENT: Malaysian

LOCATION: Virginia

Our client and her family members came to the United States from China with a B-2 visa and through our representation, her husband was granted asylum on February 2011 by the USCIS.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status.

Around February 2012, one year after she and her husband got their asylee status in the United States, our client contacted our office again and sought legal assistance for her and her family members’ adjustment of status.

We prepared and filed her I-485 Adjustment of Status Application on March 7, 2012. Everything went smoothly and the receipt notice and fingerprint appointment all came on time. On March 4, 2013, the USCIS approved our client’s husband’s Adjustment of Status application. On April 15, 2013, her Adjustment of Status application was approved by the USCIS as well.  She is now permanent resident of the United States.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Malaysian
LOCATION: Milwaukee, WI

Our client came to the United States in December 1996 with a J-1 Exchange Visitor visa from Malaysia. Although her J-1 program ended in 1999, she stayed in the United States since then.  She got a waiver of the two- year foreign residency requirement. She married her U.S. Citizen husband in September 2007 and she retained our office in the middle of September 2011 for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 30, 2011. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients. On March 8, 2012, our client was interviewed at the Milwaukee, Wisconsin USCIS office.  Her green card application was approved on the same day.

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 contact our office anytime for free consultations.

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