CASE: Marriage-Based Green Card (I-130/I-485)
NATIONALITY: Iraqi
LOCATION: Loveland, CO
Our client came from Iraq and entered the U.S. as a J-1 Fulbright scholar in January 2015. Thereafter, she worked in the U.S. as a J-1 scholar. However, her J-1 status made her subject to the two-year foreign resident requirement. Our client wanted to file her adjustment of status application along with her US citizen husband’s I-130 petition; however, due to the two-year foreign residency requirement, she had to obtain a waiver first.
Unlike our other J-1 clients, our client could not pursue her waiver under the No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for her research programs which made her case tougher for the No Objection Statement or IGA waiver route. Our client though wanted to pursue her J-1 waiver since our client’s U.S. citizen husband is experiencing exceptional medical hardships.
After she retained our firm, we filed a waiver request on an exceptional hardship basis. On February 26, 2020, the J-1 Waiver Application was filed to the Department of State. Thereafter, our office prepared an affidavit for our client, an extensive brief in support of our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen husband’s medical conditions. On March 9, 2020, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver since our client’s husband will experience exceptional hardship if our client needs to go back to Iraq for two years. Eventually, the USCIS approved her I-612 waiver on February 4, 2022.
Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm filed the I-130 Petition and I-485 Adjustment of Status Application on February 17, 2022. Things went well and the receipt notices, fingerprint appointment, and work permits came on time. On August 13, 2023, the USCIS approved our client’s I-485 adjustment of status application.