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Post image for After Joint Motion to Reopen and Terminate, Green Card Approval for Pakistani Clients in Philadelphia Pennsylvania

CASE:  Adjustment of Status / Termination of Proceedings after Joint Motion to Reopen
CLIENT: Pakistanis
LOCATION: Philadelphia, PA

Our clients are Pakistani citizens who currently reside in Philadelphia, PA with their U.S. Citizen sons.  Our client entered the United States with valid L-1 and L-2 visas in November 2000.  Later, they were granted withholding of removal in July 2006 by the Philadelphia Immigration Court.  They have remained in the United States thereafter. In November 2013, our clients’ son became a naturalized U.S. citizen. However, for them to get a green card, their case should first be reopened by the Immigration Court for them to apply for adjustment of status either with the Court, or with the CIS should proceedings be terminated after reopening.

In May 2015, our clients contacted our office and sought legal assistance for their immigration matter.  After thorough consultations, our client retained us on May 14, 2015.  Upon retention, we first prepared and filed their U.S. citizen son’s I-130 petitions for them. We filed the I-130 petitions to USCIS on May 20, 2015 and the USCIS approved the I-130s on October 5, 2015. Once the I-130s were approved, we filed Request to Join in a Motion to Reopen for our client to USICE-DHS office in Philadelphia.  Our cover brief explained how they got their withholding of removal status, approval of I-130, and their prima facie eligibility to apply for adjustment of status.

After the long reviewing period, the DHS office in Philadelphia finally agreed to join in Motion to Reopen and an assigned counsel signed on the Motion on April 11, 2016.  Once we received the Joint Motion to Reopen, we filed a Motion to Philadelphia Immigration Court to request reopening of our clients’ cases so that they can apply for adjustment of status. Eventually, on April 28, 2016, the Philadelphia Immigration Court terminated our clients’ removal proceedings.

Once their cases were terminated they retained our office again for their I-485 adjustment of status applications. Our firm prepared and filed the Adjustment of Status Applications and the Employment Authorization Document on June 23, 2016.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Prior to the interview, we thoroughly prepared our client via conference call. On July 25, 2017, our clients were interviewed at the Philadelphia Pennsylvania USCIS.  The interview went well, and on July 31, 2017, their green card applications were approved.

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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Indian Client in Philadelphia Pennsylvania

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: Philadelphia, PA

Our client is from India who came to the U.S. on an F-1 student visa to pursue his undergraduate degree. In January 2017, our client married his current U.S. citizen wife.  He retained our office in February 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 13, 2017. 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 July 19, 2017, our client was interviewed at the Philadelphia Pennsylvania USCIS office. Eventually, on July 21, 2017, his green card application was approved.

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Post image for H-1B1 Visa Extension Petition Approval for Education Consulting Organization and Singaporean Market Research Analyst in Pennsylvania

CASE: H-1B1 Extension

PETITIONER: Education Consulting Organization

BENEFICIARY: Singaporean Market Research Analyst

LOCATION: Pennsylvania

Our client is an education consulting organization located in Western Pennsylvania. They contacted our office in January 2017 to seek assistance from our office for their foreign employee’s H-1B1 extension. The beneficiary is from Singapore and she has bachelor’s degree. The beneficiary has more than 10 years professional work experience in the field of management and marketing. The proffered position for the Beneficiary is a Market Research Analyst which we argued qualified as a specialty occupation. Since she is the Singaporean National, she was eligible to get H-1B1 status in 2016.

After retention, our office promptly filed the H-1B1 visa petition with various supporting documents on February 20, 2017 via regular processing. We also gathered supporting documents from both the Petitioner and Beneficiary and did research on the industry, focusing on similarly sized businesses, to demonstrate that a bachelor’s degree is commonly required for this position.

Moreover, in our brief, our office argued that the degree requirement is common to this industry in parallel positions among similar organizations.  Also, we provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Market Research Analyst.  Moreover, our office asserted that the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree in a specific specialty.

Eventually, our client’s H-1B1 application was approved by the USCIS Nebraska Service Center on June 15, 2017. She can work for her employer until March 2018.  

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Post image for After Two Denials, Successful BIA Appeal and Green Card Approval Through Marriage For Chinese Client in Pittsburgh Pennsylvania

Case: I-130/I-485, BIA Appeal

Client: China

Location: Pittsburgh, PA

Our client entered the United States in May 2012 from China with a B-2 visitor visa.  Later, he married his U.S. citizen wife in September 2012. He retained our office on September 12, 2012 for his and his sons’ (petitioner’s two step-sons) adjustment of status applications.

Our office prepared and filed the I-130 Petition and I-485 Adjustment of Status Applications on October 9, 2012.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, our attorney thoroughly prepared our client via conference calls for their USCIS adjustment of status interview.

On December 19, 2012, our client, his two sons, and his U.S. citizen wife appeared at the Pittsburgh, PA USCIS office for their adjustment interview. The interview was extensive, and the officer was suspicious regarding the bona fideness of our client’s marriage.

On January 14, 2014, the USCIS issued a Notice of Intent to Deny (NOID).  The NOID claimed that there was substantial and probative evidence that the marital union between the Petitioner and Beneficiary is not bona fide.  Moreover, the NOID points out that the submitted documentation of Petitioner and Beneficiary does not establish a bona fide nature of their marriage.

In response to the USCIS’s NOID, our office helped our clients draft an extensive affidavit. Multiple supporting documents and an affidavit from our client were all included as well as letters from their friends and neighbors, joint utility bills, joint insurance, and several pictures of our client and his wife in several occasions with different people.  Several legal authorities were cited based on particular issues discussed, and on February 10, 2014, we filed the Response to NOID prior to the 30-day deadline.

However, the USCIS denied our client’s adjustment of status cases in April 2014. Our clients were frustrated. Their marriage was bona fide. Nevertheless, they decided to re-file their adjustment of status applications. Our office filed the applications again on May 13, 2014.

The USCIS scheduled another interview for our clients. On October 29, 2014, our client, his two sons, and his U.S. citizen wife appeared at the Pittsburgh, PA USCIS office for their adjustment interview again. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. The USCIS claimed that the relationship between our client and his U.S. citizen wife is not bona fide and was suspicious regarding the purpose of this marriage. The NOID was issued again after the interview, and despite our extensive response, the USCIS denied our clients’ cases again.

After two denials, our client decided to file the appeal to the Board of Immigration Appeals (BIA). Our office was retained again, and we filed the appeal to the BIA on March 24, 2015. In our appeal brief, we extensively argued that our client’s marriage to his wife was not entered for immigration purpose. We included several documentations to show that they have maintained their marital life well since the inception of their marriage.

Moreover, our office also filed the I-130/I-485 applications once again on January 8, 2016 before we filed the BIA appeal.

On April 12, 2016, the BIA sustained our appeal and approved the I-130 petition for our client. The BIA disagreed with the USCIS that “the evidence of the record reflects that the Petitioner did not establish that the marriage on which the visa petition is based is genuine. Rather, on the whole, the record contains sufficient evidence of a joint life, and, in general, discrepancies and inconsistencies were satisfactorily explained.”

Eventually, on August 25, 2016, the USCIS approved our client’s I-485 adjustment of status application without the additional interview. The USCIS also approved our client’s two sons’ adjustment of status applications. Now they are green card holders.

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Post image for Termination of Proceedings on Approved I-130 Approved for Pakistani Clients in Philadelphia Pennsylvania

CASE:  Termination of Proceedings after Joint Motion to Reopen
CLIENT: Pakistanis
LOCATION: Philadelphia, PA

Our clients are Pakistani citizens who currently reside in Philadelphia, PA. They were on Withholding of Removal status. Their U.S. Citizen sons were US Citizens. Our client entered to the United States on a valid L-1 and L-2 visa in November 2000.  Later, they were granted withholding of removal in July 2006 by the Philadelphia Immigration Court.

In November 2013, our clients’ son became a naturalized U.S. citizen. However, for them to get a green card, their case should first be reopened in the Immigration Court for them to apply for adjustment of status either with the Court, or with the CIS should proceedings be terminated after reopening.

In May 2015, our clients contacted our office and sought legal assistance for their immigration matter. Our client retained us on May 14, 2015.  Upon retention, we first prepared and filed their U.S. citizen son’s I-130 petitions for them. We filed the I-130 petitions to the USCIS on May 20, 2015 and the USCIS approved the I-130s on October 5, 2015. Once the I-130s were approved, we filed a Request to Join in a Motion to Reopen for our client to USICE-DHS office in Philadelphia.  Our cover brief explained how they got their withholding of removal status, approval of I-130, and their prima facie eligibility to apply for adjustment of status.

After the long review period, the DHS office in Philadelphia finally agreed to join in our Motion to Reopen and an assigned counsel signed on the Motion on April 11, 2016.  Once we received the Joint Motion to Reopen, we filed a Motion to the Philadelphia Immigration Court to request reopening of our clients’ cases so that they can apply for adjustment of status. Eventually, on April 28, 2016, the Philadelphia Immigration Court terminated our clients’ removal proceedings. Now, with the termination order and approved I-130 by their U.S. citizen son, our client can file the adjustment of status applications to the USCIS.

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Post image for Request to Join in a Motion to Reopen and Terminate Proceedings Approved for Pakistani on Withholding of Removal in Philadelphia Pennsylvania

CASE:  Request to Join in a Motion to Reopen and Terminate Proceedings
CLIENT: Pakistanis
LOCATION: Philadelphia, PA

Our clients are a Pakistani couple who currently reside in Philadelphia, PA. They were granted withholding of removal years ago.  Our client entered the United States on a valid L-1 and L-2 visa in November 2000.  Later, they were granted withholding of removal in July 2006 by the Philadelphia Immigration Court.  They have remained in the United States thereafter.

In November 2013, our clients’ son became a naturalized U.S. citizen. However, for them to get a green card, their case should first be reopened in the Immigration Court for them to apply for adjustment of status either with the Court, or with the CIS should proceedings be terminated after reopening.

In May 2015, our clients contacted our office and sought legal assistance for their immigration matter. After consultation, our client retained us on May 14, 2015.  Upon retention, we first prepared and filed their U.S. citizen son’s I-130 petitions for them. We filed the I-130 petitions to the USCIS on May 20, 2015 and the USCIS approved the I-130s on October 5, 2015. Once the I-130s were approved, we filed a Request to Join in a Motion to Reopen for our client to USICE-DHS office in Philadelphia.  Our cover brief explained how they got their withholding of removal status, approved of I-130, and their prima facie eligibility to apply for adjustment of status.

On April 11, 2016, the DHS office in Philadelphia agreed to join in the Motion to Reopen and Terminate Proceedings. The Joint Motion was then filed to the Philadelphia Immigration Court and upon reopening and termination, their adjustment of status applications can then be filed to the USCIS.

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Post image for Marriage Based I-130 and I-485 Green Card Approval for Pakistani Client in Philadelphia Pennsylvania

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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Post image for Marriage Based I-130 and I-485 Green Card Approval for Jamaican Client in Pittsburgh Pennsylvania

CASE: Marriage-Based Adjustment of Status

CLIENT: Jamaican

LOCATION: Pittsburgh, PA

Our client came to the United States in November 2013 with a B-2 visitor’s visa from Jamaica. Later, she married a U.S. Citizen in May 2015 and retained our office for her petition and adjustment of status application. She also asked us to file her son’s (Petitioner’s step-son) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on September 28, 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 February 24, 2016, our clients were interviewed at the Pittsburgh, Pennsylvania USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. After the interview, our client and her son’s green card applications were approved.

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Post image for Marriage Immigration I-130 and I-485 Petition and Adjustment of Status Green Card Approval for Nigerian Client in Pittsburgh Pennsylvania

CASE: Marriage-Based Green Card

CLIENT: Nigerian

LOCATION: Pittsburgh, Pennsylvania

Our client came to the United States from Nigeria on an F-1 student’s visa in August 2012. He married a U.S. Citizen in October 2014 and retained our office on November 16, 2014 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 26, 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 as well. On October 21, 2015, our client was interviewed at the Pittsburgh Pennsylvania USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on the same day of the interview, his green card application was approved.

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Post image for Motion to Reopen and Terminate from BIA after Request to Join in a Motion to Reopen and Terminate with DHS Based on Approved I-130 for Moldovan Client in Philadelphia, PA

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

CLIENT: Moldovan

LOCATION: Philadelphia, PA; Baltimore, MD (DHS)

Our client is from Moldova who came to the U.S. on a J-1 visa in June 2009. She has remained in the United States past her authorized period of stay.  Later, she filed for asylum and withholding of removal in December 2009, but the Immigration Judge at the Baltimore Immigration Court denied all applications for relief.

She filed an appeal with the BIA, but in 2012, the Board affirmed the Immigration Judge’s findings and dismissed the appeal. She then proceeded to appeal her case at the Federal Circuit Court, but was denied.

Our client remained in the United States with the final order of removal.

She married her current U.S. citizen husband in February 2014. After she married her husband, they consulted our firm. They wish to know if she has any viable options for her immigration status.

After careful review, our office determined that we can file a Request to the DHS to join in a Motion to Reopen based on an I-130 approval (if the I-130 petition is approved) and Bo Cooper’s May 17, 2001 Memorandum. After consultation, our client retained our office.

Once retained, our office prepared and filed the I-130 petition. The I-130 petition was filed on July 3, 2014. Her I-130 petition was scheduled for an interview, and they appeared at the USCIS Philadelphia USCIS Field Office on February 12, 2015. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. The interview went well and the I-130 petition was subsequently approved by the USCIS on February 18. 2015.

Once the I-130 petition was approved, our office prepared and filed a Request to Join in a Motion to Reopen and Terminate to the Baltimore DHS office on March 19, 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, she will be prima facie eligible to adjust her status. Our client has been living in the United States since 2009, has no criminal record, and has an approved I-130 petition based on her marriage to a U.S citizen spouse.

Eventually, the DHS office agreed to join in our Motion to Reopen and Terminate on June 1, 2015. The DHS filed the joint motion to the Board of Immigration Appeals (BIA), and the BIA issued a decision on July 30, 2015 and reopened and terminated our client’s case. Now, our client can file her adjustment of status application to the USCIS directly at any time.

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