CASE: Marriage-Based Adjustment of Status

CLIENT: Pakistani

LOCATION: Philadelphia, PA

Our client came to the United States when he was a minor as an H-4 visa holder. Later, he changed his status from H-4 to F-1 once he was enrolled in college. After he completed his undergraduate degree, he got a job and was petitioned for his H-1B status in the United States. In August 2015, he married a U.S. Citizen and retained our office for his petition and adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on December 11, 2015. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients via conference calls. On March 10, 2016, our clients were interviewed at the Philadelphia Pennsylvania USCIS office. However, after the interview, the USCIS issued a Request for Evidence (RFE) and asked our client to submit more bona fide marital documents with his wife.  Our office prepared and filed the Response to RFE on March 21, 2016. Eventually, on April 11, 2016, the USCIS approved our client’s case. Now he is a green card holder.

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CASE: I-130 (Petitions for Parents) and Adjustment of Status

CLIENT: Pakistani

LOCATION: New Jersey

Our client retained us to petition for her parents for a green card. Our client was born and raised in Pakistan, but was naturalized in the United States in 2012. She contacted our office in May 2015 and discussed with us the green card process for her parents. Her parents came to the United States from Pakistan in March 2015 to visit our client, and our client wanted to petition them while they were here in the United States.  After consultation, she retained our office on May 14, 2015.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 30, 2015 for her parents.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on December 15, 2015, our client’s parents’ adjustment of status applications were approved. Now, they are green card holders.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Pakistani

LOCATION: Cleveland, Ohio

Our client contacted us in December 2014 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Pakistan and obtained her green card in January 2011. She retained our office on December 16, 2014.

The N-400 application was filed on January 30, 2015 with all supporting documents. Prior to her citizenship interview, our office prepared her at our office. On September 14, 2015, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on September 17, 2015. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Joint Motion to Reopen and Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Pakistani
LOCATION: Indiana; San Francisco (EOIR)

Our client is from Pakistan who came to the U.S. on a B-2 visitor’s visa in May 2010. He remained in the United States even after his authorized stay expired.  Later, he filed for asylum and withholding of removal. However, he could not attend his hearing due to an emergency medical issue. He even notified the immigration court but his submission was procedurally incorrect (this was used as an exhibit in our motion). Subsequently, he received an order of removal in absentia. A few months later, his jewelry store got robbed too, leaving them with no money at that time to afford a lawyer for a proper Motion to Reopen.

Our client remained in the United States with the final order of removal. He married his current U.S. citizen wife. His wife filed an I-130 petition in April 2014 with help from of our office, which was subsequently approved by the USCIS in November 2014.

Our client and his wife were wondering whether he has any viable option for his immigration situation.  After careful review, our office determined that we can file a Request to Join in a Motion to Reopen based on the I-130 approval and Bo Cooper’s May 17, 2001 Memorandum.

Once retained, our office filed a Request to Join in a Motion to Reopen and Terminate to the San Francisco DHS office on February 13, 2015. Our office prepared an extensive brief along with multiple supporting documents to request a favorable exercise of DHS’s discretion on this case. We argued that DHS should consider the following factors as set forth in Bo Cooper’s May 17, 2001 Memorandum: (1) whether adjustment of status was available at the prior hearing; (2) whether the alien is statutorily eligible for adjustment of status; and (3) whether the alien merits a favorable exercise of discretion. Bo Cooper, Motions to Reopen for Consideration of Adjustment of Status (May 17, 2001). In considering these factors, as delineated in William J. Howard’s October 24, 2005, Memorandum, “Where a motion to reopen for adjustment of status… is filed on behalf of an alien with substantial equities, no serious criminal or immigration violations, and who is legally eligible to be granted relief except that the motion is beyond the 90-day limitation contained in 8 C.F.R. § 1003.23, strongly consider exercising prosecutorial discretion and join in this motion to reopen to permit the alien to pursue such relief to the immigration court.” William J. Howard, Prosecutorial Discretion (October 24, 2005).

Our office argued that if our client’s case is reopened, he will be prima facie eligible to adjust his status. Our client has been living in the United States since 2010, has no criminal record, and has an approved I-130 petition based on his marriage to his U.S citizen spouse.

As a result, the DHS office agreed to join in our Motion to Reopen and Terminate. The DHS filed the joint motion to the San Francisco Immigration Court, and the San Francisco Immigration Court re-opened and terminated our client’s case on March 3, 2015. Now he can file for adjustment of status and work permit with the CIS.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Pakistani

LOCATION: Cleveland, OH

Our Pakistani client came to the United States on a B-2 visitor visa in June 2014. She married her U.S. citizen husband in April 2014 in Pakistan, before she came on a visitors visa.

Our client and his husband first planned to file her immigrant visa through consular processing, but after she came to the United States, they changed their mind.

Our client consulted with us and retained our office in November 11, 2014 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on November 21, 2014.  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, in particular focusing on the lack of immigrant intent.  On January 29, 2015, our client was interviewed at the Cleveland USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them as well. On the same day, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Pakistani

LOCATION: New York, NY

Our Pakistani client came to the United States on a B-2 visitor visa in May 2014. He married his U.S. citizen wife in December 2011 in Pakistan when his spouse was a Lawful Permanent Resident. She became a naturalized U.S. Citizen in June 2014. Once she was naturalized, our client retained our office on June 9, 2014 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on June 18, 2014.  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 calls. On November 7, 2014, our client was interviewed at the New York City USCIS. On the same day, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Pakistani

LOCATION: Michigan

Our client contacted us in May 2014 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Pakistan and obtained her green card in July 2008. She retained our office for her naturalization application on May 15, 2014.

The N-400 application was filed on May 28, 2014 with all supporting documents. Our office prepared her before her naturalization interview via conference calls.

On September 30, 2014, our client appeared for her interview at the Detroit CIS office.  Our client answered all questions correctly and passed. Eventually, her naturalization application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization w/ Rebuttable Presumption and Continuity of Residence Issues)
APPLICANT: Pakistan
LOCATION: New York, NY
ISSUES: Rebuttable Presumption / Continuous Residence

Our client contacted us in December 2013 to seek legal representation for her naturalization application. She came to the United States from Pakistan and obtained her green card through a family petition in 1993. She was abroad for school most of her childhood, but went to the US periodically (and was let in all the time).

She retained our office for her naturalization application on December 2, 2013.

The main issue of her naturalization case was two long, over six-month trips that she had within last five years.

According to INA §316(b) and 8 C.F.R. §316.5.(c)(1)(i), an absence between 6 months and 1 year from the United States raises a rebuttable presumption that continuity of residence has been interrupted. That would be an issue in naturalization cases, where continuity of residence is essential. Applicants with this issue should rebut that presumption should they wish to apply.

Our client was out of the U.S. more than 180 days twice.  During these trips, she was in Pakistan, but she could not come back to the United States earlier due to her medical condition.  Our client had a motor vehicle accident in Pakistan while she visited there.  In her most recent trip, she had to deliver her baby while she was staying there. Our client intended to have temporary trips of less than six months in those two trips. However, due to her medical condition and related health issues, she could not come back to the United States before his trip due to the advice of her doctors.

Our office drafted an extensive cover brief which explained our client’s medical conditions and argued that she is otherwise eligible for naturalization despite her two long trips to Pakistan.  We included a notarized affidavit from our client and we included our client’s medical records from Pakistan and the U.S.

The brief and his N-400 application were filed on January 9, 2014 with all necessary supporting documents. Our office prepared her for her interview through conference call. Our client appeared at her naturalization interview on May 14, 2014 at the NYC USCIS Field Office.  Our client answered all questions correctly and passed her citizenship interview. Her N-400 was approved on May 28, 2014. Her oath taking is scheduled where she will become a U.S. Citizen.

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CASE: H-1B Visa Petition (Change of Employer)
PETITIONER:  Hotel-Chain Company
BENEFICIARY: Hotel General Manager

Our client is the fastest-growing extended hotel stay chain company in Ohio. They contacted our office in early April to seek legal assistance from our office for their foreign employee.  The beneficiary is from Pakistan and has extensive work history in the United States as a General Manager in one of the leading brand hotels for 15 years.

The issue was whether this position is a “specialty occupation”. We had to argue that the minimum requirement for this position is at least a Bachelor’s Degree in Business Administration / Hotel Management or equivalent.

The foreign beneficiary in this case already had his H-1B visa from his previous employer in a similar industry.  However, his H-1B visa was not expired yet, and he wanted to extend his H-1B status based on a change in employer.

After retention, our office filed the H-1B visa petition with various supporting documents on April 15, 2013 via regular processing.  Since this petition was based on a change in employer, this petition was exempted from the annual H-1B cap.

Eventually, without any request for evidence (RFE), our client’s H-1B Petition was approved on August 15, 2013.  Moreover, Beneficiary’s wife and minor son’s H-4 status was properly changed as well.

Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there until 2016.

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CASE: I-130 (Petitions for Parents) and Adjustment of Status
CLIENT: Pakistan
LOCATION: New Jersey

Our client retained us to petition his parents who came to the U.S. from Pakistan as visitors. Our client was born and raised in Pakistan, but was naturalized in the United States. His parents were visiting him. He contacted our office in late August of 2012 and discussed with us the possibilities of petitioning his parents. After consultation, he retained our office on September 4, 2012.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 19, 2012 for his parents.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.  Eventually, on July 18, 2013, our client’s parents’ adjustment of status applications were approved. Now, they are green card holders.

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