Case: I-751 Petition to Remove Conditions – Waiver due to Divorce – Granted

Case Conclusion Date: December 24, 2014

Outcome: Client’s Conditions Removed and Lawful Permanent Resident Status Granted

Description: Client was previously married to a United States citizen, through whom he had obtained conditional resident status.  Client previously filed to remove conditions on his resident status jointly with his wife in 2007, but due to lengthy delays, his case was ultimately denied in 2012.  

Client retained our office to assist with his status, and he subsequently filed for and obtained a divorce from his wife.  Attorney Dobson filed a new I-751 petition to remove conditions with a waiver of the joint filing requirement due to divorce and hardship, based on the client’s lengthy time in the U.S.

Client received an interview notice from the local USCIS office, and Attorney Dobson attended with the Client.  The USCIS office requested additional evidence, which were submitted as requested.

Client’s case was approved after the evidence submission, and Client has received his 10 year lawful permanent resident card.

 

H-1B under Master’s Degree Quota for FY 2014, Filed April 1, 2013 Approved

Case Conclusion Date: May 1, 2013

Outcome: H-1B Petition Approved + Change of Status

Description: Our office filed an H-1B petition for the Client on April 1, 2013 under the Master’s Degree quota, as the Beneficiary just recently obtained his master’s degree from a U.S. non-profit university.  Beneficiary was working in OPT status for the Petitioner at the time of filing.  The petition was included in the visa lottery and was receipted on April 15, 2013, the first of the H-1B cases to be receipted for this H-1B season.  This was not filed with premium processing.

The case was approved on May 1, 2013, 16 days after it was receipted by USCIS.

 

Case: Conditional Resident Status in Error – Correction to Lawful Permanent Resident Status

Case Conclusion Date: May 16, 2013

Outcome: Client’s status corrected to Lawful Permanent Resident Status

Description: Client was married to a United States citizen in her home country of Ethiopia.  At the time she attended and was granted her immigrant visa based on her marriage to her U.S. citizen spouse, it was over 2 years since the date of her marriage.  She was provided with a conditional permanent resident immigrant visa.  She subsequently entered the U.S. and received a conditional permanent resident card which was valid for two years.

Client came to our office after filing an I-751 Petition to Remove Conditions on Resident status which was rejected for improper filing.  Attorney Alan Dobson reviewed the Client’s documents and determined that she was incorrectly admitted to the U.S. as a conditional permanent resident.  Attorney Dobson explained this to the Client, and advised that she file an I-90 Application to Replace Permanent Resident Card to correct the error.

Client was within two months of the improper conditional resident status expiring and Attorney Dobson advised that the client schedule an INFOPass to request the local USCIS officer stamp her passport with an I-551 stamp evidencing her correct lawful permanent resident status.  Attorney Dobson attended the INFOPass appointment and explained the error to the officer who had the error corrected in the USCIS system, and stamped the Client’s passport with the I-551 lawful permanent resident status stamp valid for one year while she awaited her I-90 application to be processed.

Client’s correct lawful permanent resident status was thus corrected.

Case: Hearing in Naturalization due to Suspected Fraud Marriage to obtain Green Card through DV Lottery

Case Conclusion Date:  May 18, 2013

Outcome: Naturalized as U.S. Citizen

Description: Client entered the United States as the derivative (spouse) of a diversity lottery winner.  Based on Client’s marriage to his wife, who won the diversity lottery, he immigrated to the United States as a lawful permanent resident without conditions (10 year card).  He and his wife divorced after the Client’s entry to the United States and before he applied for naturalization.  The Client had limited evidence of their bona fide marriage from after he immigrated to the United States.

Client applied for naturalization after his divorce and after the required five year period of lawful permanent resident status.  Client was asked to provide additional evidence of his bona fide marriage to his wife, which he did primarily through tax returns and affidavits.  Client was denied naturalization for failure to be meet the requirement of being a lawful permanent resident as USCIS determined in its decision that his marriage was not valid for immigration purposes.

Our firm filed an N-336 Application for a Hearing in Naturalization Proceedings following the denial, along with additional evidence, explanations, and references to the proper standard of evidence regarding a naturalization case, and that USCIS cited case law that was not relevant to the Client’s case.

Client was given a hearing before a naturalization officer, provided his explanation, and Attorney Alan Dobson explained the legal position.

USCIS naturalized the Client on May 18, 2013 as a United States citizen.

F-1 Reinstatment Approved while in Removal Proceedings – Herguan University – Indian Student

Case Conclusion Date: December 11, 2011

Outcome: Reinstatement to F-1 Status Approved, Removal Proceedings Terminated

Description:  Client was an Indian student who attended Herguan University.   While visiting his friends in Virginia, Immigration and Customs Enforcement (ICE) came to question his friends regarding their attendance at Tri-Valley University.  Client was questioned about his own status and he was a few days late returning for classes at Herguan University.  ICE questioned Client and put him in removal proceedings by issuing him a Notice to Appear in Immigration Court (NTA) for failing to maintain status due to being a week late for school.  The ICE officer told the Client he could not leave the Washington D.C. area and the Client’s delay in returning to school caused him to be terminated in the Student and Exchange Visitor Information System (SEVIS).

We filed an application for reinstatement late because by the time Client came to our office it was past the 150 day period to apply for reinstatement.  Client was provided different answers from several attorneys and was confused before he came to DC Metro Immigration Law PLLC.  Our firm explained that he could file late if he had a valid excuse and if it was beyond his control.  Due to the ICE officer’s order that the Client not leave the Washington D.C. area, and due to his removal proceedings, Client passed the 150 day mark for filing which was beyond the Client’s control.

We filed for reinstatement for the Client, and filed a motion to change venue to move his removal proceedings to an immigration court in California where his school was located, so he would not be forced to travel across the country to Virginia for his court hearings.  His reinstatement was approved by USCIS and our request for a late filing was accepted.  Subsequently, we filed a motion to terminate the Client’s removal proceedings with the immigration court in California and the motion was granted.  Client was back in F-1 status and continued his studies towards his degree.

Case: EB2, Schedule A, Nurse Manager, I-140 Petition for Immigrant Worker + 245i Green Card – Approved

Case: EB2, Schedule A, Nurse Manager, I-140 Petition for Immigrant Worker + 245i Green Card – Approved

Case Conclusion Date: April 11, 2013

Outcome: Approved

Description:  Home health care agency retained our firm to file an immigrant petition for a nurse manager using the Schedule A provision of the law for nurses, and in the EB-2 master’s degree category.   The Schedule A provision allowed us to avoid advertising and testing of the labor market.  US Citizenship & Immigration Services approved the petition on April 5, 2012.  We then filed for lawful permanent residence for the beneficiary through Section 245 i of the Immigration and Nationality Act which was approved on April 11, 2013.

Case: I-130 Notice of Intent to Revoke – Approval Reaffirmed

Outcome: I-130 Approval Reaffirmed

Description: Client filed an I-130 petition for his wife, which was approved. His wife then went to the American Embassy and was denied an immigrant visa due to a lack of evidence to prove a bona fide marriage. The case was returned to USCIS, and USCIS sent the Client a Notice of Intent to Revoke the approved I-130 petition. We met with the Client and provided him a detailed list of the documents need for the response, we prepared statements and affidavits, as well as many other supporting documents to show the bona fide marriage. USCIS reaffirmed the approval of the I-130 and it is now being returned the American Embassy for a new visa interview for the Client’s wife.

Case: Naturalization with Criminal History

Case Conclusion Date: August 25, 2012

Outcome: Client Naturalized as U.S. Citizen

Description: Client had one DUI conviction and also a conviction for driving on a suspended license in the past 5 years. I advised Client if he had performed any charitable acts and he provided evidence of volunteer service at a local charitable organization. I advised Client that he was still eligible to apply for naturalization, if all of his criminal cases were completed and finalized and he completed any requirements, such as suspensions of his license, or probation, and paid his fines. Once we had certified records of the final disposition of his criminal cases, we the prepared and filed his application for naturalization, and his case was approved and he was naturalized as a U.S. citizen.

Case: Motion to Reopen Student’s OPT Stem Extension Approved

Case Conclusion Date: September 15, 2012

Outcome: Motion Reopened, OPT STEM Extension Approved

Description: Indian student whose OPT Stem Extension was denied as student was not issued the degree certificate or the conferral on her transcript, as the school only provided the actual degree once per year. We filed a motion to reopen with evidence and the motion was reopened, and the I-765 application for OPT STEM extension was approved. Client has her new OPT work permit.