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Post image for Green Card Approval Based on Approved I-360 VAWA (Spouse of Abusive USC) for Kenyan Client in Atlanta Georgia

CASE: I-485 Adjustment of Status based on Approved  I-360 Petition

NATIONALITY: Kenyan

LOCATION: Atlanta, GA

Our client is from Kenya who came to the U.S. on a J-1 Visa in May 2002.  After she finished her J-1 program, has remained in the United States. With our office’s assistance, she got her J-1 waiver in February 2015.

In February 2016, she contacted our office to seek legal representation for her I-360 petition. According to her story, our client’s marital life was deteriorating and she was a spouse of an abusive U.S. Citizen.  With her story and other evidence, our office determined that she would be eligible for a VAWA I-360 self-petition as a spouse of an abusive U.S. citizen.

Our client experienced domestic violence and spousal abuse during her marriage. Her husband physically and mentally abused our client throughout the years. Thus, we filed and prepared her I-360 petition, which included several exhibits and a detailed brief to the USCIS Vermont Service Center on March 17, 2016.  

Despite our client’s thoroughly prepared I-360 application, in April 2016, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more documents to prove her good moral character. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on May 24, 2016.

Finally, on October 18, 2016, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360 petition, our firm prepared and filed her Adjustment of Status Application.  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 via conference call. On January 13, 2017, our client was interviewed at the Atlanta, Georgia USCIS.  Eventually, on the same day of the interview, the USCIS approved our client’s adjustment of status application and issued a green card.

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Post image for EB-2 Schedule A Green Card Approval for South Korean Nurse Practitioner in Atlanta Georgia

CASE: I-485 Adjustment of Status / I-140 (EB-2 Category) / Schedule A

APPLICANT: South Korean Nurse Practitioner

LOCATION: Atlanta, GA

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, she was eligible for “Schedule A” classification.

The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained on December 15, 2015 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on April 13, 2016 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents.

In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  On April 25, 2016, without any Request for Evidence (RFE), the USCIS Texas Service Center approved her EB-2 I-140 petition.

Once the I-140 petition was approved, our client retained our office again for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on June 6, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on November 1, 2016, the USCIS Texas Service Center approved our client’s adjustment of status application. Now, she finally is a green card holder.

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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for the Client from Cote D’Ivoire in Atlanta Georgia

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Cote D’Ivoire                                                                                                        

LOCATION: Atlanta, GA

Our client is from Cote D’Ivoire who came to the U.S. on a J-1 Exchange Visitor’s Visa in August 2013.  Her J-1 program was not subject to the INA 212(e) two-year foreign residency requirement. In August 2014, our client married her current U.S. citizen husband.  She retained our office for her green card application in 2016.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 7, 2016.  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 via conference call as well. On September 29, 2016, our client was interviewed at Atlanta Georgia USCIS office. Eventually, on October 24, 2016, her green card application was approved.

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Post image for VAWA I-360 (Spouse of Abusive USC) Approved for Kenyan Client in Atlanta Georgia

CASE: I-360 Petition

NATIONALITY: Kenyan

LOCATION: Atlanta, GA

Our client is from Kenya who came to the U.S. on a J-1 Visa in May 2002.  After she finished her J-1 program, she remained in the United States. With our office’s assistance, she got her J-1 waiver in February 2015.

In February 2016, she contacted our office to seek legal representation for her I-360 petition. According to her story, our client’s marital life was very deteriorating and she was a spouse of abusive U.S. Citizen.  With her story and other evidence, our office determined that she would be eligible for I-360 self-petition as a spouse of abusive U.S. citizen.

Our client experienced domestic violence and spousal abuse during her marriage. Her husband physically and mentally abused our client throughout the years. Thus, we filed and prepared her I-360 petition, which included 15 exhibits and a detailed brief to the USCIS Vermont Service Center on March 17, 2016.  

Despite our client’s thoroughly prepared I-360 application, in April 2016, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more documents to prove her good moral character. Our client and our office thoroughly gathered the requested documents, and filed a response to RFE on May 24, 2016.

Finally, on October 18, 2016, the USCIS Vermont Service Center approved our client’s I-360 petition. With the approved I-360, our client can file her I-485 adjustment of status application to the USCIS for her permanent residency.

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

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

NATIONALITY: Iranian

LOCATION: Georgia

Our client is a citizen of Iran who came to the U.S. on a J-2 Visa in October 2006.  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 has remained in the United States beyond the expiration of his authorized stay period.  He turned 21 in 2011.  Later, our client married his current U.S. citizen wife in September 2015. He would like to get a waiver because he can get a green card based on his U.S. citizen wife’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of  the requirement or a 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 2011.

Our firm was retained to do his J-2 waiver, and on May 26, 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 June 20, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 7, 2016, the USCIS issued an I-612 approval notice for our client’s waiver request.

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Post image for Naturalization and Citizenship N400 Approval for Ivorian (Cote d’Ivoire) Client in Atlanta Georgia

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Ivorian

LOCATION: Atlanta, GA

Our client contacted us in October 2015 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Ivory Coast and obtained his green card in December 2010. He retained our office on October 30, 2015.

The N-400 application was filed on December 2, 2015 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls. On March 14, 2016, our client appeared at the Atlanta, GA USCIS office for his naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, his application was approved on June 2, 2016. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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Post image for J-1 Waiver No Objection Statement Approved for Korean Scientist in Atlanta, Georgia

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

NATIONALITY: Korean

LOCATION: Ohio

Our client is from South Korea who came to the U.S. on a J-1 Visa in 2010 to pursue her research program. Her J-1 program made her subject to the two-year foreign residence requirement. After her J-1 program was completed, she changed her status to F-1 and continued her Ph.D. studies in the United States. While she was studying, she met her U.S. citizen husband. Her husband intended to file I-130 petition for her along with her I-485 adjustment of status application.  However, she has to get a waiver for her two-year foreign residency requirement before she adjusts her status in the United States.

Our office was retained on June 16, 2015. Once retained, our office promptly prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Atlanta to pursue the waiver for our client.  The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On June 24, 2015 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file an adjustment of status application.

The Korean Consulate General in Atlanta forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On January 22, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, the USCIS issued an I-612 approval on February 1, 2016.

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Post image for Green Card Based on Marriage to US Citizen I-130 I-485 Approved for Kenyan Client in Atlanta Georgia

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Kenyan

LOCATION: Atlanta, GA

Our client is from Kenya who came to the U.S. on a J-1 Visa in August 1998 to pursue his master’s degree.  After he finished his J-1 program, he remained in the United States.

In October 2013, our client married his current U.S. citizen wife. He could not adjust his status at that time unless he got a waiver of his 2-year foreign residency requirement. When he came to the United States in 1998, his program made him subject to the 2-year foreign residency requirement.

Thereafter, our office filed a waiver request through a No Objection Statement (NOS) from the Kenyan 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 Kenyan Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver, a clearance letter from the J-1 program sponsor, clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining J-1 waiver.

On March 13, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Kenyan Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on his marriage to U.S. citizen spouse.

Eventually, the Kenyan Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On May 13, 2015, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On June 4, 2015, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement.

Once his J-1 waiver was approved, our client retained our office again for his green card application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 17, 2015. 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 28, 2016, our client was interviewed at the Atlanta USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. On the same day, his green card application was approved.

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

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

NATIONALITY: Chinese

LOCATION: Atlanta, GA

Our client was a citizen of China who came to the U.S. on a J-2 Visa in September 2007.  She came with her mother who came on a J-1 Visa for her 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 completed her high school and was admitted to a University to pursue her bachelor’s degree. She went back to China and got her F-1 student visa at the U.S. Embassy in China and came back to the United States on her F-1 student visa.

She turned 21 in 2012. She now has a U.S. citizen fiancé and they plan to get married soon. Once they get married, her fiancé (will be her husband) will file an I-130 petition for her and she will file her I-485 adjustment of status application. However, because of her two-year foreign residency requirement, our client cannot adjust her status without the fulfillment of the 2-year 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 January 2012.

Our firm was retained to do her J-2 waiver, and on September 16, 2015, 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 October 8, 2015 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On November 6, 2015, the USCIS issued an I-612 approval notice for our client’s waiver request.

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Post image for Termination of Removal Proceedings in Atlanta Immigration Court for Kenyan Client in Alabama

CASE: Termination of Removal Proceedings Based on Approved I-130 Petition

CLIENT: Kenyan

LOCATION OF COURT: Atlanta, GA

LOCATION OF CLIENT: Alabama

Our client is from Kenya who came to the U.S. on a F-1 Student Visa in June 2001. However, she failed to maintain her F-1 status after that.  She was thereafter placed in removal proceedings in Atlanta, Georgia.

Our client married her U.S. citizen husband in May 2013 in Alabama. Her husband filed an I-130 petition on her behalf after they got married. Eventually, our client’s I-130 petition was approved in February 2015. She could not apply for adjustment of status by herself with the CIS, since her removal proceeding is still pending.

She contacted our office around May 2015 to seek legal assistance. She retained our office on June 4, 2015.

After our office was retained, we prepared and filed a request to join in a Motion to Terminate proceedings with an attached I-485 application and its supporting documents to the Atlanta ICE-DHS office. In less than a month, the DHS counsel in Atlanta agreed to terminate our client’s proceedings. Eventually, the Immigration Judge granted the Motion to terminate without prejudice on October 1, 2015. Now, she can file her I-485 adjustment of status application with the CIS.

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