CASE: Marriage-Based Adjustment of Status

NATIONALITY: Pakistani                                                                                                        

LOCATION: Cleveland, OH

Our client is from Pakistan who came to the U.S. on a F-1 student visa to pursue his doctoral degree. In September 2017, our client married his current U.S. citizen wife.  He retained our office on October 30, 2017 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 16, 2017. 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 at our office. On August 31, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients at their interview as well.  Eventually, on September 7, 2018, his green card application was approved.

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CASE: I-751

APPLICANT: Pakistani

LOCATION: Cleveland, OH

Our client contacted our office in January of 2017 regarding her I-751 application.

She is from Pakistan and she married a U.S. citizen in April 2014. Through her marriage, she obtained a 2-year conditional green card in January of 2015. Our office helped her in her green card process.  Her conditional residency terminated in January 2017.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on January 19, 2017 and our office prepared an I-751 application for our client with other supplemental exhibits.

On January 30, 2017, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint leasing documents, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. However, the USCIS issued the Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with her husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on July 2, 2018. Eventually, on July 23, 2018, the USCIS approved our client’s I-751 application.

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CASE: Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Wife; Pakistani Beneficiary Husband in Pakistan

LOCATION: Petitioner: Pennsylvania; Beneficiary: Islamabad, Pakistan

IV APPROVED: August 15, 2017.

Our U.S. Citizen client retained us to bring her husband over from Pakistan. She retained our office in January 2017, and our office prepared and filed the I-130 petition for her husband on March 16, 2017. This I-130 Petition was approved by the USCIS on August 15, 2017. Once the I-130 petition was approved, we then started the immigrant visa processing phase of trying to get her husband over to the United States.

On October 10, 2017, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Embassy in Islamabad, Pakistan. An interview notice was set for our client’s husband at the U.S. Embassy in Islamabad, Pakistan, and we prepared him for his interview.  He did his interview on January 8, 2018. Eventually, on March 10, 2018, the U.S. Embassy approved and issued his immigrant visa.

With the approved immigrant visa, our client’s husband can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: I-140 / National Interest Waiver

CLIENT: Pakistani

LOCATION: Boston, MA

Our client contacted us in May 2017 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from Pakistan and he is an exceptional researcher and scientist in the field of microbiology and medical science.  

Our client’s significant contributions have placed him at the pinnacle of his field. He is an extraordinary researcher and scientist in the field of Microbiology and Medical Sciences. Throughout his research career, our client has been an outstanding scientist whose work is of critical importance in the prevention of certain human infections. Acanthamoeba is a dangerous pathogen and a causative agent of serious human infections. The most distressing fact is it forms a resistant double walled cyst inside human tissues and poses a key challenge in the successful treatment of the infection. To date, very little is known about the biology of encystation, however our client has thoroughly studied the process in the past few years. He has efficiently developed a liquid medium method to study encystation and using this method for the first time he identified the role of two key enzymes cellulose synthase and xylose isomerase during encystation using gene silencing technology. Because of his innovative experimental research, our client’s research works were highly evaluated by the reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id.

Our office prepared a 17-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client.

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on October 19, 2017. Eventually, on February 12, 2018, the USCIS approved his I-140 petition without any Requests for Evidence.  Now, he can file his I-485 adjustment of status application along with his approved I-140 petition.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Pakistani
LOCATION: Pakistan

Our client is a citizen of Pakistan who came to the U.S. on a J-2 Visa in August 2015.  He came with his wife who held a J-1 Visa as a medical resident.  Both were subject to the two-year foreign residency requirement.

Unfortunately, his marriage did not work. Eventually, he got divorced from his ex-wife in November 2016. Our client had a pending I-129 H-1B petition for him, but it could not be approved unless he fulfilled his two year foreign residency requirement or obtain a waiver.

In June of this year, our client contacted our office. He retained our firm to do his J-2 waiver. On June 22, 2017, the J-2 Waiver (DS-3035) 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 was divorced from the J-1 visa holder.  Eventually, on July 14, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on September 26, 2017.

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CASE:  Adjustment of Status / Termination of Proceedings after Joint Motion to Reopen
CLIENT: Pakistanis
LOCATION: Philadelphia, PA

Our clients are Pakistani citizens who currently reside in Philadelphia, PA with their U.S. Citizen sons.  Our client entered the United States with valid L-1 and L-2 visas in November 2000.  Later, they were granted withholding of removal in July 2006 by the Philadelphia Immigration Court.  They have remained in the United States thereafter. In November 2013, our clients’ son became a naturalized U.S. citizen. However, for them to get a green card, their case should first be reopened by the Immigration Court for them to apply for adjustment of status either with the Court, or with the CIS should proceedings be terminated after reopening.

In May 2015, our clients contacted our office and sought legal assistance for their immigration matter.  After thorough consultations, our client retained us on May 14, 2015.  Upon retention, we first prepared and filed their U.S. citizen son’s I-130 petitions for them. We filed the I-130 petitions to USCIS on May 20, 2015 and the USCIS approved the I-130s on October 5, 2015. Once the I-130s were approved, we filed Request to Join in a Motion to Reopen for our client to USICE-DHS office in Philadelphia.  Our cover brief explained how they got their withholding of removal status, approval of I-130, and their prima facie eligibility to apply for adjustment of status.

After the long reviewing period, the DHS office in Philadelphia finally agreed to join in Motion to Reopen and an assigned counsel signed on the Motion on April 11, 2016.  Once we received the Joint Motion to Reopen, we filed a Motion to Philadelphia Immigration Court to request reopening of our clients’ cases so that they can apply for adjustment of status. Eventually, on April 28, 2016, the Philadelphia Immigration Court terminated our clients’ removal proceedings.

Once their cases were terminated they retained our office again for their I-485 adjustment of status applications. Our firm prepared and filed the Adjustment of Status Applications and the Employment Authorization Document on June 23, 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 client via conference call. On July 25, 2017, our clients were interviewed at the Philadelphia Pennsylvania USCIS.  The interview went well, and on July 31, 2017, their green card applications were approved.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition
CLIENT: US Citizen Petitioner; Pakistani Beneficiary in Pakistan
LOCATION: Petitioner: Ohio; Beneficiary: Islamabad Pakistan

Our client is a U.S. citizen.  She married her husband in Pakistan in March 2016.  After the marriage, she came back to the United States and contacted our office in April 2016 and retained us to bring her husband to the States.

Our office prepared and filed the I-130 to the National Visa Center on April 15, 2016. The I-130 Petition was approved by the USCIS on July 25, 2016. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on September 30, 2016, who in turn forwarded our client’s materials to the U.S. Embassy in Islamabad, Pakistan. An interview notice was set for the client at the US Embassy in Islamabad, Pakistan and we prepared him for his interview. On January 11, 2017, our client appeared at his immigrant visa interview at the U.S. Embassy in Islamabad. On March 22, 2017, the U.S. Embassy in Islamabad, Pakistan approved and issued his immigrant visa.

With the approved Immigrant visa, our client’s husband can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: Marriage-Based Green Card

CLIENT: Pakistani

LOCATION: Durham, NC

Our client came to the United States from Pakistan on an F-1 student visa. She married her current husband, who is a green card holder, in December 2014.  After marriage, her husband filed an I-130 petition on behalf of our client in December 2014. This I-130 petition was approved in April 2015. Our office helped in our client’s I-130 petition process.

Our client retained our office again on September 22, 2015 for her I-485 adjustment of status application. We could file the I-485 application because the priority date for F2A category was current at the time of filing. Our office prepared and filed an I-485 adjustment of status application, together with all necessary supporting documents, on September 29, 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 via conference call. On December 7, 2016, our client was interviewed at the Durham, NC USCIS office. The interview went well, and the priority date for our client was current at the time of the interview as well. Eventually, on December 19, 2016, her green card application was approved.

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CASE:  Termination of Proceedings after Joint Motion to Reopen
CLIENT: Pakistanis
LOCATION: Philadelphia, PA

Our clients are Pakistani citizens who currently reside in Philadelphia, PA. They were on Withholding of Removal status. Their U.S. Citizen sons were US Citizens. Our client entered to the United States on a valid L-1 and L-2 visa in November 2000.  Later, they were granted withholding of removal in July 2006 by the Philadelphia Immigration Court.

In November 2013, our clients’ son became a naturalized U.S. citizen. However, for them to get a green card, their case should first be reopened in the Immigration Court for them to apply for adjustment of status either with the Court, or with the CIS should proceedings be terminated after reopening.

In May 2015, our clients contacted our office and sought legal assistance for their immigration matter. Our client retained us on May 14, 2015.  Upon retention, we first prepared and filed their U.S. citizen son’s I-130 petitions for them. We filed the I-130 petitions to the USCIS on May 20, 2015 and the USCIS approved the I-130s on October 5, 2015. Once the I-130s were approved, we filed a Request to Join in a Motion to Reopen for our client to USICE-DHS office in Philadelphia.  Our cover brief explained how they got their withholding of removal status, approval of I-130, and their prima facie eligibility to apply for adjustment of status.

After the long review period, the DHS office in Philadelphia finally agreed to join in our Motion to Reopen and an assigned counsel signed on the Motion on April 11, 2016.  Once we received the Joint Motion to Reopen, we filed a Motion to the Philadelphia Immigration Court to request reopening of our clients’ cases so that they can apply for adjustment of status. Eventually, on April 28, 2016, the Philadelphia Immigration Court terminated our clients’ removal proceedings. Now, with the termination order and approved I-130 by their U.S. citizen son, our client can file the adjustment of status applications to the USCIS.

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CASE:  Request to Join in a Motion to Reopen and Terminate Proceedings
CLIENT: Pakistanis
LOCATION: Philadelphia, PA

Our clients are a Pakistani couple who currently reside in Philadelphia, PA. They were granted withholding of removal years ago.  Our client entered the United States on a valid L-1 and L-2 visa in November 2000.  Later, they were granted withholding of removal in July 2006 by the Philadelphia Immigration Court.  They have remained in the United States thereafter.

In November 2013, our clients’ son became a naturalized U.S. citizen. However, for them to get a green card, their case should first be reopened in the Immigration Court for them to apply for adjustment of status either with the Court, or with the CIS should proceedings be terminated after reopening.

In May 2015, our clients contacted our office and sought legal assistance for their immigration matter. After consultation, our client retained us on May 14, 2015.  Upon retention, we first prepared and filed their U.S. citizen son’s I-130 petitions for them. We filed the I-130 petitions to the USCIS on May 20, 2015 and the USCIS approved the I-130s on October 5, 2015. Once the I-130s were approved, we filed a Request to Join in a Motion to Reopen for our client to USICE-DHS office in Philadelphia.  Our cover brief explained how they got their withholding of removal status, approved of I-130, and their prima facie eligibility to apply for adjustment of status.

On April 11, 2016, the DHS office in Philadelphia agreed to join in the Motion to Reopen and Terminate Proceedings. The Joint Motion was then filed to the Philadelphia Immigration Court and upon reopening and termination, their adjustment of status applications can then be filed to the USCIS.

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