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Post image for I-539 Change of Status from B-2 to F-1 Approved for Filipina Client in Anaheim California

CASE: Change of Status from B-2 to F-1

CLIENT: Filipina

LOCATION: Anaheim, CA

Our client came from the Philippines on a valid B-2 visa in February 2016. Later, she decided to study further in the United States and get admission. She retained our office for her I-539 Change of Status application to change her status from B-2 to F-1 to the USCIS.

Once retained, we helped our client obtain supporting documents for the Change of Status. We filed I-539 Change of Status application along with supporting documents to USCIS on May 19, 2016. In the application, we fully explained her financial ability to pursue her studies in the U.S., and reasons for her studies. Eventually, on October 11, 2016, the Change of Status was approved. Our client is now on F-1 and can start her program.

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Post image for I-539 Change of Status Approval from H-1B (with Gap from Last Day of H-1B to First Program Day on I-20) to F-1 after Successful Response to RFE for Chinese Client in Cleveland, OH

CASE: Change of Status from H-1B to F-1 / Response to RFE

 

CLIENT: Chinese

 

LOCATION: Cleveland, OH

 

Our client has been on H-1B status for many years and has worked in the United States. In late 2014, she decided to study further in the United States and got admitted. She filed her I-539 Change of Status application to change status from H-1B to F-1 to USCIS.

 

However, she received a Request for Evidence for her application and the RFE letter was very extensive and involved multiple issues. In order to receive legal assistance from us, she contacted our office in early April of this year for the response to RFE. Eventually, she retained our office on April 7, 2015.

 

Once retained, we helped our client obtain supporting documents for the Change of Status and prepared the response brief for the RFE. We fully explained her financial ability to pursue her studies in the U.S., her ties to her home country, and maintenance of status.

 

The start date of her program on the I-20 was AFTER her last day at work on H-1B, but it was within 30 days of it. Plus, she filed the change of status before her last day at H-1B.

 

On April 21, 2015, we filed the Response to RFE for her I-539 Change of Status with an extensive response brief and numerous supporting documents.

 

On May, 1, 2015, the Change of Status was approved. Our client is now on F-1 and can start her accounting program soon.

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Post image for Despite F-1 Overstay, Diversity Lottery Based Immigrant Visa Approval for Cameroonian Clients in Cameroon

CASE: Diversity Immigrant Visa

CLIENT: Cameroonians

LOCATION: Cameroon

Our client was in the United States on an F-1 status. He stopped school and stayed here anyway. In 2014 our client applied for the Diversity Visa program and won the lottery. The question for him was whether his F-1 overstay would allow him to get an immigrant visa when he goes home. He was hesitant at first, but we explained to him that being out of status is not equivalent to being unlawfully present. As an F-1 student, if you overstay, only if DHS or Court finds you unlawfully present would unlawful presence incur. Thus, he did not have a three or ten year bar.

The Diversity Immigrant Visa program is a United States congressionally mandated lottery program for receiving a United States Permanent Resident Card. It is also known as the Green Card Lottery. The lottery is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 to provide for a new class of immigrants known as “diversity immigrants” (DV immigrants). The Act makes available 55,000 permanent resident visas annually to natives of countries deemed to have low rates of immigration to the United States.

Our client retained our office on May 14, 2014 for his and his wife’s immigrant visa packets. Our office prepared and filed the immigrant visa packets, together with all necessary supporting documents, on May 22, 2014. Our office also prepared and drafted a brief to explain the eligibility of his diversity lottery based immigrant visa DESPITE HIS F-1 OVERSTAY. Our argument was that since he came on an F-1 and was never caught overstaying, that he did not have a bar to coming back because he did not incur unlawful presence.

Prior to the interview, we thoroughly prepared our clients. On December 23, 2014, our client was interviewed at the U.S. Embassy in Yaoundé, Cameroon. The interview went well, and the Embassy issued immigrant visas for our client and his wife.

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Post image for I-539 Change of Status Approval from H-1B to F-1 Approved for Filipina Client in California

CASE: Change of Status from H-1B to F-1

CLIENT: Filipina

LOCATION: California

Our client has been on H-1B status for many years and has worked as a data architect in the United States.

This year, she decided to pursue an advanced accounting proficiency program in the United States and got admission.

She contacted our office in mid-July of this year to change her status from H-1B to F-1.

On July 15, 2014 our firm was retained for the Change of Status. On July 25, 2014, we filed the I-539 Change of Status for our client with supporting documents including her I-20, SEVIS fee receipt, and recent pay stubs from her employer.

On September 8, 2014 the Change of Status was approved. Our client is now on F-1 and can start her accounting program soon.

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Post image for F-1 Reinstatement Approval for a Senegalese Student in Ohio

CASE: F-1 Reinstatement

APPLICANT: Senegalese

LOCATION: Ohio

Our client came from Senegal in 2013 to pursue her Bachelor’s Degree Program. She was first enrolled at an ESL program in the U.S. for a semester and she applied for a 4-year Bachelors program at a different school.  Unfortunately, extreme and exceptional circumstances occurred, due to school’s rejection of her admission based on her religious beliefs, which caused her to fail to maintain her F-1 visa status.

There are many reasons why some F-1 students fall out of status. In limited circumstances, they could still apply for what’s called an F-1 reinstatement if they meet the certain requirements. It starts by talking to the new potential school’s international student immigration representative. Upon providing all the necessary documentation, your immigration advisor should issue you a new I-20 with a reinstatement endorsement.  Each school has its own guidelines on what you need to show. Typically you should explain the exceptional circumstances which led you to not maintain full-time course load.

For the USCIS to grant reinstatement, the standards are as follows:

  • The student became out of status due to circumstances beyond the student’s control, or the student would suffer extreme hardship if not reinstated
  • The student intends to pursue full-time study
  • No other grounds of removability (criminal cases, for example) apply to the student other than the overstay or status violation
  • The student has not worked illegally off-campus
  • The period being out of status is not more than five months, or there were exceptional circumstances for being out of status longer and the application was filed as soon as possible
  • The student does not have a record of repeated immigration violations

In late March of 2014, our client contacted our office to do her F-1 reinstatement application. Our office promptly prepared her application with various supporting documents to demonstrate that she became out of status due to circumstances beyond her control and that she would suffer extreme hardship if not reinstated.  Moreover, our office explained that our client never had any status violations prior to this incident and never engaged in unauthorized employment. Our office filed her F-1 reinstatement application on April 21, 2014 to USCIS.

On June 25, 2014, our office was notified by the USCIS that our client’s F-1 reinstatement was granted.  Now, our client has a chance to pursue her Bachelor’s program in the United States.

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Post image for Approved I-539 Change of Status from E-2 to F-1 for Filipina Client in Los Angeles, CA

CASE: Change of Status / I-539

NATIONALITY: Filipina

LOCATION: Los Angeles, CA

DATE FILED: September 11, 2013

DATE APPROVED: December 14, 2013

 

Our client came from the Philippines on an E-2 visa (Dependent of E-2). She was about to turn 21 years old, wanted to maintain valid status, and attend a college in the U.S. Her father was still on an E-2 in Los Angeles, CA. In early August, 2013, our client contacted us to get legal assistance for her change of status from E-2 to F-1.

 

Upon retention, we went into detail with their reasons for requesting a change of status. We made sure all addresses, contact information, and dates on their statements were complete and accurate. We made sure the SEVIS fees were paid and we obtained the I-20 document from our client. We prepared a brief that explained our client’s financial ability to go to school in the U.S.

 

The application was supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence from the CIS. Our firm filed the I-539 Extension Application on September 11, 2013. Eventually, on December 14, 2013, her change of status application was approved by the USCIS. Now she can stay in the United States and go to college as an F-1 student.

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Post image for F-1 Student Change of Status Approval from B-2 Visitor Approved for Filipina Client in Houston Texas

CASE: Change of Status from B-2 to F-1

CLIENT: Filipina

LOCATION: Houston, TX

Our client came to the United States on April 23, 2013 from the Philippines with a valid B-2 visitor’s visa. Towards the end of her legal status in the United States, she decided to pursue her education here and wanted to get an F-1 status. She enrolled in a community college for an associate’s degree program. After her school issued the I-20, she contacted our office. She retained our office on July 24, 2013.

Once retained we helped our client obtain supporting documents for the Change of Status. On July 29, 2013, we filed the I-539 Change of Status application to the USCIS. On October 10, 2013, the Change of Status was approved. Our client is now on valid F-1 status.

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Post image for I-539 Change of Status Approval from H-1B to F-1 Approved for Indian Client in Erie Pennsylvania

CASE: Change of Status from H-1B to F-1

CLIENT: Indian

LOCATION: Erie, PA

Our client has been on H-1B status for many years and has worked for Multi-national companies in the United States.

Last year, she decided to pursue her graduate studies program (MBA) in the United States and got admission.

She contacted our office in early March of this year to change of her status from H-1B to F-1.

On March 11, 2013 our firm was retained and we helped our client obtain supporting documents for the Change of Status. On March 19, 2013, we filed the I-539 Change of Status for our client with supporting documents including her I-20, SEVIS fee receipt, and her recent pay stubs from her employer.

On June 19, 2013 the Change of Status was approved. Our client is now on F-1 and can start her MBA program soon.

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Post image for Approved I-539 Change of Status from H-4 to F-1 for Filipina Client in Hawaii

CASE: Change of Status / I-539
NATIONALITY: Filipina
LOCATION: Hawaii
DATE FILED: August 9, 2012
DATE APPROVED: October 5, 2012

Our client came from the Philippines on an H-4 visa (Dependent of H-1B). She was about to turn 20 years old, and wanted to attend a college in the U.S. Her father was still on an H-1B in Cleveland, but the job was not as secure as it was before. If he loses his job, our client will also lose her H4 status.

Her family contacted us. As parents, they wanted the best for their daughter, regardless of what happens to them in the future. Should the family lose their status, they just want to make sure their daughter continues in the States and attend college. They had relatives in Hawaii and they wanted her to stay with them as she goes to college. So they contacted us to get legal assistance for her change of status from H-4 to F-1.

Upon retention, we went into detail with their reasons for requesting a change of status. We made sure all addresses, contact information, and dates on their statements were complete and accurate. We made sure the SEVIS fees were paid and we obtained the I-20 document from our client. We prepared a brief that explained our client’s financial ability to go to school in the U.S.

The application was supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence from the CIS. Our firm filed the I-539 Extension Application on August 9, 2012. On October 5, 2012, her change of status application was approved by the USCIS with no Requests for Evidence. Now she can stay in the United States and go to college, regardless of what happens to her parents’ situation.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Indian
LOCATION: Washington, D.C.

Our client came to the United States in May 2008 with an F-1 Student visa from India.  He married a U.S. Citizen in December 2011 and retained our office on December 12, 2011 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on February 1, 2012.  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 through conference calls. On May 17, 2012, our client was interviewed at the Fairfax, VA USCIS office.  On the same day, his green card application was approved.

FREE CONSULTATIONS

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