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Post image for Successful Adjustment of Status for Vietnamese Clients in Michigan

CASE:  I-485 Adjustment of Status with step-father’s I-130 petition

CLIENT: Vietnamese

LOCATION: Michigan

Our clients are from Vietnam who came to the U.S. in 2012 on a J-2 visa. Since that time, they never left the United States.

In August 2015, our clients’ mother married our clients’ step-father (U.S. citizen) and later she got her green card through marriage. Our clients are also eligible to file an adjustment of status along with his step-father’s I-130 petition for them since their mother and their step-father’s marriage occurred prior to their 18th birthday and they are younger than 21 years old.

Our clients retained us on August 23, 2016. Once retained, our office promptly filed the I-130 petition and Form I-485 for their adjustment of status applicantion on August 30, 2016. Everything went smoothly and the receipt notices and fingerprint appointment all came on time.  Eventually, on February 7, 2017, our clients’ I-485 applications were approved.  They finally became green card holders.

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Post image for J2 IGA (Over 21) Waiver of Two-Year Foreign Residency Requirement, Interested Government Agency Approval for Vietnamese Client in Honolulu Hawaii

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

NATIONALITY: Vietnamese

LOCATION: Honolulu, HI

Our client is a citizen of Vietnam who came to the U.S. on a J-2 Visa in July 2004.  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 came to the United States, he completed his high school and was admitted to the University to pursue his bachelor’s degree. He changed his status from J-2 to F-1.

He turned 21 in 2011. He would like to get a waiver because his prospective employer will file an I-129 petition for our client’s H-1B visa. However, because of her two-year foreign residency requirement, our client cannot change his 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 December 2011.

Our firm was retained to do his J-2 waiver, and on October 6, 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 November 6, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On February 1, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.

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Post image for J2 Waiver Post Divorce IGA Approval for Vietnamese Client in Michigan

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Vietnamese

LOCATION: Michigan

Our client is a citizen of Vietnam who initially came to the U.S. on a J-2 Visa in January 2012. She came with her ex-husband who held a J-1 Visa as a Ph.D. student. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and she eventually got divorced from her ex-husband.  Our client has a U.S. citizen fiancé who was willing to file an I-130 for our client after their marriage, but our client will not be able to file an adjustment of status application without the waiver of the two-year foreign residency requirement.

She contacted our office, and our firm was retained for her J-2 waiver.  On July 22, 2015 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 was divorced from the J-1 visa holder.

On August 21, 2015, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On September 24, 2015, the USCIS issued the I-612 waiver approval.

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Post image for Marriage to US Citizen Green Card Approval for Vietnamese Client in Houston, Texas

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Vietnamese

LOCATION: Houston, Texas

Our client is a citizen of Vietnam who initially came to the U.S. on a J-2 Visa in December 2011. He came with his ex-wife who held a J-1 Visa as a visiting researcher. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and he eventually got divorced from his ex-wife. In June 2014, our client married his current U.S. citizen wife. She is willing to file an I-130 for our client, but our client cannot file an adjustment of status application without a waiver of the two-year foreign residency requirement.

He contacted our office, and our firm was retained for his J-2 waiver.  On June 18, 2014 the J-2 Waiver was filed with 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.

On July 30, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client to be granted a waiver. On August 25, 2014, the USCIS issued the I-612 waiver approval.

Once his J-2 waiver was approved, he retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application for him on November 4, 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 through conference calls.  On March 23, 2015, our client was interviewed at the Houston, Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied out clients as well.  Eventually, on March 24, 2015, his green card application was approved.

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Post image for J2 Waiver Post Divorce IGA Approval for Vietnamese Client in Houston, Texas

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Vietnamese

LOCATION: Houston, Texas

Our client is a citizen of Vietnam who initially came to the U.S. on a J-2 Visa in December 2011. He came with his ex-wife who held a J-1 Visa as a visiting researcher. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and he eventually got divorced from his ex-wife. In June 2014, our client married his current U.S. citizen wife. She is willing to file an I-130 for our client, but our client cannot file an adjustment of status application without a waiver of the two-year foreign residency requirement.

He contacted our office, and our firm was retained for his J-2 waiver.  On June 18, 2014 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 was divorced from the J-1 visa holder.

On July 30, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client to be granted a waiver. On August 25, 2014, the USCIS issued the I-612 waiver approval.

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Post image for I-751 Response to RFE Approval for Vietnamese Client in Youngstown, Ohio

CASE: I-751 / Response to RFE

APPLICANT: Vietnamese

LOCATION: Youngstown, OH

Our client contacted our office in the middle of January this year regarding a Response to RFE for her I-751 application. She is from Vietnam and got her 2-year conditional green card through her marriage to her U.S. citizen husband.  She obtained a 2-year conditional green card in November of 2011, and her conditional residency terminated in November 2013.

To comply with immigration requirements, our client and her husband filed an I-751 Joint Petition to Remove Conditions before November 2013. However, she did not have an attorney back then, and did not submit sufficient evidence to prove the bona fideness of her marriage to her U.S. citizen husband. As a result of that, on January 2, 2014, the USCIS issued a Request for Evidence (RFE) for our client’s I-751 filing.

She consulted with our office after receiving the RFE. After discussing the case with them, she retained our office on January 22, 2014.

We reviewed the CIS’ RFE letter and prepared our response.  On March 20, 2014, our office filed the Response to RFE to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, credit card statements, joint tax records, joint vehicle title, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

After this submission, our client wasn’t even interviewed. Instead, on May 2, 2014, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: EB-2 I-140 / I-485
PETITIONER: International Trading Company
BENEFICIARY: Vietnamese
LOCATION: San Diego, CA

Our Vietnamese client from San Diego contacted our office in December 2011. She had an approved PERM Labor Certification and she would like to retain us for her I-140/I-485 application. Her current employer is located in San Diego and they wish to file an I-140 petition for her as a market research analyst. Our client had questions regarding possible issues they may face, the employer’s “ability to pay” issue in particular.

Once retained, our office prepared her I-140 petition and I-485 adjustment of status application. One of the main requirements for the I-140 is that the petitioning company must show that it has the ability to pay the proffered wage for the beneficiary’s position. Despite the negative taxable income, we provided all schedules of Petitioner’s tax return and argued that their net current assets were over and above the proffered wage. We provided the calculation on the cover letter, cited a CIS internal memo on the “ability to pay” issue, and attached the tax return schedule that showed the net current assets. We also prepared our client’s I-485 application and explained that the priority date for EB-2 Vietnam (“Other Countries”) is current.

Our office simultaneously filed the I-140 / I-485 applications on January 26, 2012 and on April 19, 2012, the I-140 petition for our client was approved with no Requests for Evidence.  Once the I-140 petition was approved, her I-485 adjustment of status application was subsequently approved by the USCIS on May 24, 2012.  While we were waiting for I-485 approval, our client informed us that he needed to travel abroad.  Thus, we filed an I-131 advance parole application on February 10, 2012.  The I-131 advance parole document was also approved by the USCIS Nebraska Service Center on May 24, 2012 as well.

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For other EB-2 success stories, please click here.

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CASE: EB-2 I-140
PETITIONER: International Trading Company
BENEFICIARY: Vietnamese
LOCATION: San Diego, CA

Our Vietnamese client from San Diego contacted our office in December 2011. She had an approved PERM Labor Certification and she would like to retain us for her I-140/I-485 application. Her current employer is located in San Diego and they wish to file an I-140 petition for her as a market research analyst. Our client had questions regarding possible issues they may face, the employer’s “ability to pay” issue in particular.

Once retained, our office prepared her I-140 petition and I-485 adjustment of status application. One of the main requirements for the I-140 is that the petitioning company must show that it has the ability to pay the proffered wage for the beneficiary’s position. Despite the negative taxable income, we provided all schedules of Petitioner’s tax return and argued that their net current assets were over and above the proffered wage. We provided the calculation on the cover letter, cited a CIS internal memo on the “ability to pay” issue, and attached the tax return schedule that showed the net current assets. We also prepared our client’s I-485 application and explained that the priority date for EB-2 Vietnam (“Other Countries”) is current.

Our office simultaneously filed the I-140 / I-485 applications on January 26, 2012 and on April 19, 2012, the I-140 petition for our client was approved with no Requests for Evidence.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

captcha

For other EB-2 employment-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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