Success Stories From 2019

Applicant sought out our firm after receiving a misrepresentation finding against him at the consulate for visa stamping. We reviewed his file and were unable to ascertain any factual basis for the fraud/misrepresentation finding.  We began directly corresponding with the consulate, and requested information from various government agencies In addition, we consulted with The Office of Visa Services (Visa Office) within the Department of State’s Bureau of Consular Affairs . After about ten months and numerous letters to the consulate, our client’s fraud/misrepresentation finding was removed.

Our client received a request for evidence, questioning its ability to pay all beneficiaries it petitioned for. We reviewed the company’s tax returns and other relevant financials, and demonstrated to USCIS that the unique totality of circumstances of this particular employer warranted approval. We furnished evidence, including information about the company’s background, its activities and ongoing contracts, and commentary, analyzing the entity’s cash flow metrics, in support. The case was approved after three months.  

We filed a Form I-140 petition for a professional cricketer in the EB1A category. This immigration preference category is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. After receiving an RFE questioning the applicant’s eligibility, we responded with documentation evidencing that the applicant has a level of expertise indicating that he is one of that small percentage who have risen to the very top of the field of endeavor. We submitted substantial documentary evidence to show that he qualifies, under several of the explicit and implicit criteria enumerated in the regulations. The petition was subsequently approved.

We recently filed an application for an EAD based on compelling circumstances for a client with a serious, debilitating medical concern. The applicant was on an H-1B status. We provided a petition to USCIS outlining the applicant’s medical history and the ongoing treatment that showed the progression of his illness, which limited his ability to perform his job duties. He was initially placed on short-term disability but as the condition progressed, it was necessary for applicant to be placed on long-term disability. We received a Request for Evidence from USCIS requiring additional documentation to show that the applicant was in compliance with his H-1B status requirements. The case was approved.  It took approximately 100 days to obtain the EAD following the initial application.

USCIS denied our client’s Form I-485, alleging that the applicant failed to demonstrate eligibility for adjustment of status because a final disposition regarding a criminal charge under India’s Dowry Laws was not provided. We responded by clarifying to Service the particular facts of this case, and noting that mere criminal accusations without a conviction are not grounds for permanent residence eligibility. In addition, we pointed out that the laws under which the applicant was charged in India, have been widely criticized by international authorities and that public policy considerations, along with other discretionary considerations pointing to the applicant’s moral character warrant reconsideration of the denial. Approximately 11 months after submitting our motion, our client received an interview notice. We accompanied the applicant to his interview, and he received his Green Card after about five months.