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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 601A Provisional Hardship Waiver Approval for Filipino Client in California

CASE:   I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Filipino

LOCATION: California

Our client came to the United States from the Philippines in 2002 on a D-1 visa (Crewman). He remained in the United States after his entry in 2002. He married his U.S. citizen wife in 2009. His U.S. Citizen wife filed an I-130 petition for him in November 2009. This I-130 petition was approved on April 13, 2010.

However, our client cannot file for adjustment of status application due to his ground of inadmissibility (crewman entry and overstay). He needs a waiver of inadmissibility to become a green card holder.

Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

In 2013, the USCIS announced of new policy called the provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

In 2013, our client filed his first I-601A application to USCIS. However, USCIS denied it because his case does not demonstrate that his U.S. citizen wife will not suffer “extreme hardship.” He contacted our office in June 2016 and retained our office on July 6, 2016 for the re-file of I-601A application.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen wife suffers from a great degree of hardship. We argued that if he was removed from the United States, extreme hardship to his wife is clearly foreseeable and evident. She would not be able to take care of her own needs and the bulk of their family chores, most importantly taking care of their child. Also, it would be extremely difficult for her to get the same level of economic stability in the Philippines in case she joins our client there.

In our brief, we also argued that our client and his wife have maintained strong family ties in the United States, that his wife will have difficulty in finding the same level of employment in the Philippines, and that his U.S. citizen children and his wife will face extreme emotional difficulties if he is removed.

On October 13, 2016, we filed the I-601A waiver application which included the brief in support, and documents that demonstrated hardship to his wife if he is removed from the United States. Eventually, his I-601A waiver was approved on February 21, 2017. Now, he can file packet 3 and 4 here in the United States, and would go to the Philippines shortly to get his immigrant visa.

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Post image for I-751 Removal of Conditions Approval for Burmese Client in Fresno California

CASE: I-751

APPLICANT: Burmese

LOCATION: Fresno, CA

Our client contacted our office in early April this year regarding her I-751 application.

She is from Myanmar and married a U.S. citizen in June 2013. Through her marriage, she obtained a 2-year conditional green card in July of 2014.  Her conditional residency terminated in July 2016.

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 April 4, 2016 and our office prepared an I-751 application for our client with other supplemental exhibits.

On April 25, 2016, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint tax records, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on December 6, 2016, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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Post image for I751 Approval for Belgian Client in San Francisco California with Waiver of Joint Filing Requirement due to Divorce

CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Belgian

LOCATION: San Francisco, CA

Our client contacted our office in early September of 2015 regarding her I-751 filing. She came to the United States from Belgium and she married a U.S. Citizen (her ex-husband) in August 2012. Through her marriage, she was able to obtain a 2-year conditional green card in December of 2013. Our office represented and assisted our client’s initial green card process. Her conditional residency terminated in December 2015. However, our client experienced a lot of difficulties in her marital life with her ex-husband. Unfortunately, their marriage ended in December 2015.  Thus, our client could not file the I-751 application jointly with her ex-husband.

Once our office was retained, we requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition. We focused on the supporting documents that he can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.

On November 20, 2015, our office filed the I-751 application with various supporting documents (including an affidavit over 3 pages) to demonstrate our client’s bona fide marriage with her ex-husband.

In October 2016, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client and informed her of potential issues at the interview.

On November 22, 2016, our client was interviewed for her I-751 application at the USCIS San Francisco, CA Field Office. The interview was very extensive.  Nevertheless, the USCIS approved our client’s I-751 application on December 1, 2016. Now, she has her ten-year green card.

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Post image for I-539 Change of Status from B-2 to F-1 Approved for Filipina Client in Anaheim California

CASE: Change of Status from B-2 to F-1

CLIENT: Filipina

LOCATION: Anaheim, CA

Our client came from the Philippines on a valid B-2 visa in February 2016. Later, she decided to study further in the United States and get admission. She retained our office for her I-539 Change of Status application to change her status from B-2 to F-1 to the USCIS.

Once retained, we helped our client obtain supporting documents for the Change of Status. We filed I-539 Change of Status application along with supporting documents to USCIS on May 19, 2016. In the application, we fully explained her financial ability to pursue her studies in the U.S., and reasons for her studies. Eventually, on October 11, 2016, the Change of Status was approved. Our client is now on F-1 and can start her program.

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Post image for J-1 Waiver No Objection Statement Approved for Turkish Client in Los Angeles California

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

NATIONALITY: Turkish                                                                                                        

LOCATION: Los Angeles, CA

Our client is from Turkey who came to the U.S. on a J-1 Visa in November 2014 to work as a post-doctoral researcher. She determined that she would like to apply for an adjustment of status based on a possible I-140 National Interest Waiver self-petition. However, she would not be able to adjust her status unless she obtained a waiver of the 2-year foreign residency program.  

She retained our office on January 15, 2016. Thereafter, our office prepared 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 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 January 19, 2016, 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 is eligible to adjust based on her marriage to her spouse.

 

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 May 24, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On June 2, 2016, 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 Visa Petition Approval (Change of Employer) for E-Commerce Company and Korean Staff Accountant in Los Angeles California

CASE: H-1B Change of Employer

PETITIONER: E-Commerce Company

BENEFICIARY: Korean Staff Accountant

LOCATION: Los Angeles, CA

Our client is a specialized E-commerce company which oversees multiple e-commerce websites and marketplaces. They contacted our office in early March 2016 to seek legal assistance from our office for their foreign employee. The beneficiary is from South Korea and obtained her Bachelor’s degree in Business Administration. The proffered position for the Beneficiary is a Staff Accountant which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Accounting / Business Administration or its equivalent.  

The foreign beneficiary in this case already had her H-1B visa from her previous employer.  However, her H-1B visa was not expired yet, and she wanted to extend her H-1B status on the change of employer basis.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on March 28, 2016 via premium processing service.  Since this petition was based on a change of employer, this petition was exempted from the annual cap of the H-1B.  Thus, we could file prior to April 1.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on April 6, 2016.  Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for next three years.

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Post image for Cap-Exempt to Cap-Subject H-1B Transfer Approval (Change of Employer) for Sensor Device Development Company and Japanese Mechanical Engineer in Irvine California

CASE: H-1B Change of Employer

PETITIONER: Sensor Device Development Company

BENEFICIARY: Japanese Mechanical Engineer

LOCATION: Irvine, CA

Our client is a leading company in providing innovative sensors and health monitoring solutions to problems related to maintenance and safety of civil infrastructure and other structural / material systems. They contacted our office in early February 2016 to seek legal assistance from our office for their foreign employee. The beneficiary is from Japan and obtained his Master’s degree in Mechanical Engineering. The proffered position for the Beneficiary is a Principal Engineer which we argued qualifies as a specialty occupation.

The foreign beneficiary in this case already had his H-1B visa from his previous employer.  However, his H-1B visa was not expired yet, and he wanted to extend his H-1B status on a change of employer basis.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on February 26, 2016 via premium processing service.  Since this petition was based on a change of employer, we argued that this petition was exempt from the annual cap of the H-1B.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on March 8, 2016.  The H-1B approval had the duration of March 2016 to March 2019. Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there for next three years.

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Post image for Adjustment of Status for Father Based on I-130 by US Citizen Daughter Approved for Filipino Client in Costa Mesa California

CASE: I-130 (Petition for Father) and Adjustment of Status

CLIENT: Filipino

LOCATION: California

Our client retained us to petition her father for his green card. Our client was born and raised in the Philippines, but was naturalized in the United States in February 2015 through our firm’s legal assistance. She contacted our office in June of 2015 and discussed with us the green card process for his father. After consultation, she retained our office again on June 22, 2015.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 24, 2015 for her father.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. On November 17, 2015, our client (the father) appeared at his I-485 adjustment of status interview at Santa Ana, California USCIS Field Office. Prior to the interview, our office prepared him with possible interview questions via conference calls. Eventually, on February 23, 2016, our client’s  adjustment of status application was approved. Now, he is a green card holder.

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Post image for Green Card for Mother Based on I-130 by US Citizen Daugther Approved for Filipina Client in California

CASE: I-130 (Petition for Mother) and Adjustment of Status

CLIENT: Filipina

LOCATION: California

Our client retained us to petition for her mother for a green card. Our client’s daughter was born and raised in the Philippines, but was naturalized in the United States in February 2015 through our firm’s legal assistance. She contacted our office in late February of 2015 and discussed with us the green card process. After consultation, she retained our office on March 1, 2015.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 18, 2015.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. On October 19, 2015, our client appeared at her I-485 adjustment of status interview at Santa Ana, California USCIS Field Office. Prior to the interview, our office prepared her with possible interview questions via conference calls. Eventually, on December 16, 2015, our client’s adjustment of status application was approved. Now, she is a green card holder.

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