CASE: I-130 / I-485
NATIONALITY: Philippines
LOCATION: Salinas, CA
Our client came from the Philippines on a J-1 in September 2013 to work as a teacher. Based on her visa and DS-2019, she was subject to the two-year foreign residency requirement. Later, she got married to her U.S. citizen husband and consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.
Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States through the EVP in the Philippines.
On June 8, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State. We then prepared the documents for the NOS request to the EVP. On July 27, 2018, our office sent our NOS application to the Waiver Review Committee in Manila, Philippines. Then, the Waiver Review Committee granted the No Objection Statement and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued the official No Objection Statement to the Department of State.
On September 13, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on October 11, 2018, the USCIS issued an I-612 approval notice for the waiver.
Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 1, 2019. 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 15, 2020, our client was interviewed at the Santa Clara, CA USCIS office.
However, on May 1, 2020, the USCIS issued a Request for Evidence (RFE) and requested our client to submit a certified disposition of court and police documents record regarding her previous misdemeanor criminal record. Our office filed the Response to RFE to the USCIS on May 26, 2020. Eventually, on June 9, 2020, the USCIS approved our client’s I-485 adjustment of status application. Now, she is a green card holder.