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Post image for Naturalization and Citizenship N400 Approval for Filipino Client in Massachusetts

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Massachusetts

Our client contacted us in May 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in April 1985.

Once retained, his N-400 application was filed on May 17, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls. On December 16, 2016, our client appeared at the Springfield, MA USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on January 6, 2017. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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Post image for I-140 EB-11 (Alien of Extraordinary Ability) Approval for Indian Chemist in Massachusetts

CASE: I-140 / EB-11 (Alien of extraordinary ability)

CLIENT: Indian Chemist

LOCATION: Massachusetts

Our client contacted us in December 2016 about the possibility of getting an immigrant visa through the EB-11 category. He is an internationally well-known chemist and is currently working as a researcher in Boston, MA.  Our client has written numerous internationally recognized scholarly articles in his field of endeavor.  However, he filed his EB-11 I-140 petition by himself previously, and got a denial. Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the EB-11 category, an alien of extraordinary ability.

According to the INA Section 203(b) states, in pertinent part, that:

  1. Priority workers – visas shall first be made available… to qualified immigrants who are aliens described in any of the following sub-paragraphs (A) through (C):
  1. Aliens with extraordinary – an alien is described in this sub-paragraph if-
  1. The alien has extraordinary ability in the sciences, arts, education, business, or athletes which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
  2. The alien seeks to enter the United States to continue work in the area of extraordinary ability, and
  3. The alien’s entry into the United States will substantially benefit prospectively the United States.

USCIS has consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant visas as aliens of extraordinary ability.  See H.R. 723 101st Cong.2d Sess. 59 (1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991).  The term “extraordinary ability” refers only to those individuals in that small percentage who have risen to the very top of the field of endeavor. Id. And 8 C.F.R. § 204.5(h)(2).

The regulation at 8 C.F.R. § 204.5(h)(3) requires that an alien demonstrate his or her sustained acclaim and the recognition of his or her achievements in the field.  Such acclaim and achievements must be established either through evidence of a one-time achievement (that is, a major international recognized award) or through meeting at least three of the following ten categories of evidence:

  1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  1. Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
  1. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.  Such evidence shall include the title, date, and author of the material, and any necessary translation;
  1. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
  1. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
  1. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
  1. Evidence of the display of the alien’s work in the field at an artistic exhibitions or showcases;
  1. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
  1. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
  1. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

After the review of our client’s credentials and qualifications, we determined that our client meets 3 of the 10 categories. Our client has made original scientific contributions of significance to the field of nuclear medicine and molecular imaging, in particular in the areas of cardiovascular diseases and imaging, cancer research, neurological disorders, and pharmaceutical sciences. He has authorship of scholarly articles in his professional field of endeavor. Lastly, our client has participated as a judge of the work of others in the same or an allied field of specialization for which classification is sought.

Our office prepared a 36-page brief for our client’s EB-11 filing. Our client also obtained 7 letters of recommendation from internationally well-known scholars in his field of endeavor. Our office also included his record of publications, citations, conference proceedings and invited talks, journal reviewer invitation evidence and other materials to show that he is an alien of extraordinary ability in plant engineering research. His EB-11 I-140 application contained 90 exhibits.

Our office filed his I-140 (EB-11) petition to the USCIS Texas Service Center via regular processing on May 25, 2016. Eventually, without any RFE, the USCIS Texas Service Center approved his I-140 self-petition on November 23, 2016.

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Post image for I-130 and I-485 Marriage Based Petition and Adjustment of Status Green Card Approval for Filipina Client in Boston Massachusetts

CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Boston, MA

Our client came to the United States from the Philippines on a B-2 visitor’s visa in June 2014. After her authorized stay period expired, she remained in the United States. She married a U.S. Citizen in May 2015 and retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 16, 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 calls. On May 5, 2016, our client was interviewed at the Boston, Massachusetts USCIS office. The interview went well, but the USCIS requested our clients to submit more bona fide marital evidence. In response to the RFE, our client submitted more bona fide marital evidence to the USCIS Boston Field Office.  Eventually, on May 31, 2016, her green card application was approved.

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Post image for Naturalization and Citizenship N-400 Approval for Filipina Client in Boston Massachusetts

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION:  Boston, MA

Our client contacted us in August 2015 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in July 2012 through her marriage with her US citizen husband. She retained our office on August 19, 2015.

The N-400 application was filed on September 8, 2015 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls. On February 22, 2016, our client appeared at the Boston, MA USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on March 2, 2016. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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Post image for Malaysian J-1 Waiver No Objection Statement Approval for Client in Boston, MA

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement

 NATIONALITY: Malaysian

 LOCATION: Boston, MA

 

Our Malaysian client came to the U.S. on a J-1 Visa in November 2013.  He came to the United States to work and get training, but his J-1 visa made him subject to the two-year foreign resident requirement.  His workand training program in the U.S. enhanced our client’s interest in his field, and he would like to gain employment in the U.S. beyond his J-1 term. His employer would like to file a petition for him to change his non-immigrant status from J-1 to L-1. However, due to the two-year foreign residency requirement, he had to obtain a waiver first before he could change his current status in the United States.

 

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Malaysian Embassy in the United States.  Our office contacted the Malaysian Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested different documents including a statement of reason for the waiver.

 

On February 13, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a change of status application but for the waiver.

 

The Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. The Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on August 17, 2015.  Now that our client’s two-year foreign residency requirement is waived, he can be a beneficiary of other non-immigrant visa in the United States without going back to Malaysia for 2 years.

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Post image for I-130 and I-485 Marriage to US Citizen Based Petition and Adjustment of Status Green Card Approval for Chinese Client in Boston Massachusetts

CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Boston, MA

Our Chinese client came to the United States on a F-1 student visa to pursue her graduate degree in 2012. She married a U.S. Citizen in May 2014 and retained our office on June 13, 2014 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 25, 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 as well. On September 18, 2014, our client was interviewed at the Boston, Massachusetts USCIS office.  On the same day, her green card application was approved.

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CASE: I-751 Late Filing For Good Cause Approval
ISSUES: Late Filing; Establishing Good Cause for Failure to File
LOCATION: Boston, Massachusetts

Our client is a Filipino national living in Boston who was on a 2-year conditional green card. She got her green card based on a bona fide marriage with her U.S. Citizen husband. She and her husband jointly filed an I-751 to remove conditions on a green card prior to its expiration in July 2009. This was in order to get her 10-year green card. However, as they were not represented by counsel, she missed the requirement of having to  provide the biometrics fee for her daughter, who was also a conditional resident as a derivative. In early August 2009, after the expiration date of the 2-year conditional green card, the application was returned since they missed the biometrics fee. Since the letter appeared to only request for the fee, they responded  and re-filed the application with the addition of the requested biometrics fee without any explanation for the “late filing”. As mentioned, the conditional residence status expired in late July. The checks were cashed and they were eventually issued with a receipt notice and fingerprint appointment. Everything it seemed went well as they received letters from the Immigration Service stating that their status was extended for a year while the I-751 was pending. However, in January 2010, the I-751 was denied due to “late filing”. Our office was consulted after this and we suggested a re-file of the I-751 with a letter and supporting documents arguing that there was good cause for failure to file. We argued that the August 2010 letter appeared to be a Request for Evidence and that it is reasonable for a couple with no legal representation to think there was no need to provide an argument for “late filing” when they re-filed the I-751. We also attached proof of bona fide marriage and cited the specific law which allows for this late filing. On June 27, 2010, the I-751 was finally approved and our client’s 10-year green card was issued.

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