CASE: Adjustment of Status / J-1 Waiver
NATIONALITY: Korean
LOCATION: Ohio
Our South Korean client came to the U.S. on a J-1 Visa six years ago. Before her J-1 visa expired, she managed to get an F-1 visa and she continued her studies in Ohio. According to her DS-2019, she was subject to the two-year foreign residency requirement.
Last year, she got married to her U.S. citizen husband and later on consulted with our firm for her adjustment of status (obtaining a green card). Her situation was unique because her passport’s visa page stated that she was not subject to the two-year foreign residency requirement. However, her DS-2019 was clearly marked with the two-year foreign residency requirement.
To clarify the uncertainty, our office checked with the State Department by filing an advisory opinion request. Our office promptly filed this advisory opinion request on July 27, 2010 to the Waiver Review Division of the Department of State.
Unfortunately, DOS stated that our client is subject to the two-year foreign residency requirement. After receiving this decision, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Korean Embassy in the United States.
On November 24, 2010 the J-1 Waiver 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 was eligible to adjust if she obtains the waiver.
The Korean Consulate General in Chicago promptly forwarded our client’s documents to the Korean Embassy in DC. On January 18, 2011, 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 28, 2011, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on February 23, 2011, the USCIS issued an I-612 approval notice for the waiver.
Once the waiver was issued, our office filed the I-130 Petition and I-485Adjustment of Status Application on April 20, 2011. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. We thoroughly prepared our clients prior to the interview. On July 8, 2011, our client was interviewed at the Cleveland USCIS office. We accompanied them at the interview as well. On July 11, 2011, her green card application was approved, and our client obtained her green card.
From having the two-year foreign residency requirement, our firm effectively helped her get a J-1 waiver before she adjusted her status. She did not have to go to Korea for 2 years before she got her permanent residency in the United States. She’s now a green card holder.
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