CASE: I-130/I-485
NATIONALITY: Filipina
LOCATION: Roswell, NM
Our Filipina client came to the U.S. as a J-1 teacher. However, her J-1 status made her subject to the two-year foreign resident requirement. Our client wanted to file her adjustment of status along with her spouse’s I-130 petition; however, she had to obtain a waiver first.
Our client could not pursue her waiver under the No Objection Statement or Interest Government Agency. Her case is impossible for both waiver route. Our client asked to pursue her J-1 waiver since her spouse has exceptional hardship standards.
After she retained our firm, we filed a waiver request through an exceptional hardship basis. On March 9, 2021, the J-1 Waiver was filed to the Department of State. Our office prepared an affidavit of our client and other supporting documents. Our client also provided us with medical documents for her spouse. On April 6, 2021 our office filed an I-612 application to the USCIS and asked for them to issue this waiver since our client’s spouse would experience hardship if our client needed to go back to the Philippines.
On January 27, 2023, the USCIS issued Request for Evidence for our client to submit more evidence for her husband. Our office filed the Response to RFE on April 27, 2023. Eventually, the USCIS approved her I-612 on July 31, 2023.
Once her J-1 waiver was approved, our client retained us again for her adjustment of status application. Our firm prepared the I-130 and Adjustment of Status on January 22, 2024. On June 3, 2024, the USCIS issued more Request for Evidence for our client to submit more marital evidence. Our office filed a Response to RFE on July 1, 2024. On July 9, 2024, her green card application was approved.