Recent: Success Stories
Non-immigrant Visas
Request for Extension of B-2 Visitor Visa Approved
Location: Pittsburgh, Pennsylvania
Client's Country: Tajikistan
Our client from Tajikistan came to the U.S. to visit her son. Her son is a graduate student pursuing his studies in business management under valid F-1 status. Her B-2 visa was due to expire in January 2013. A month prior to her departure, she visited the dental office and was advised to undergo an urgent surgery and dental treatment. She was told by a dentist office that the treatment might take up to 4-5 months. She approached our office for help to extend her tourist visa so she can complete the treatment. We prepared the application and filed the application on January 9, 2013. The case was approved the next month, on February 15, 2013, without any requests for additional evidence.
F-2 Dependents of Student and B-2 Visitor Visas Approved
Location: Detroit, Michigan
Client's Country: Uzbekistan
Our client, a citizen of Uzbekistan, is currently enrolled at a college in Michigan in a valid F-1 status. She wished for her children to join her in the United States under an F-2 status. Because her children are minors and cannot travel to the United States alone, our client asked if we can petition for a B-2 visa for her mother so that her mother can accompany our client's children to the United States. The issue with the case was that our client's mother was previously denied a visa to come to the United States.
We informed our client about what documents we needed. We filled in the online forms with the U.S. Department of State, scheduled interview dates for all three applicants, prepared all required supporting documentation, and forwarded them to our client. In our brief, we notified the embassy that our client's mother will abide by the immigration laws of the United States and has every intention to return to her home country. They where scheduled for an interview on February 1, 2013. After the interview, our client's family was informed that the embassy needed to run an administrative background check. On February 6, 2013, they received a call from the embassy informing them that their visas are issued. Congratulations to this family!
B-2 Visitor Visa Approved
Location: Detroit, Michigan
Client's Country: Uzbekistan
Our clients from Michigan contacted our office in August 2012 and asked us to help them invite their friend from Uzbekistan. The applicant wanted to visit the United States for a period of three months. The issue with the case was that the applicant was not employed in her home country, did not have any savings or ties with her home country that would compel her to leave the U.S. at the end of her temporary stay. We gathered all information, filled in an online form with the U.S. Department of State, scheduled an interview date, prepared all required supporting documentation, and mailed them to our client for her to take to the interview. A few days before the interview we prepared her as to what to expect during the interview. Her visa application was approved the same day in October 2012.
Request for Extension of B-2 Visitor Visa Approved
Location: Columbus, Ohio
Client's Country: Tajikistan
Our client from Tajikistan came to the U.S. to visit family members. Her B-2 visa was due to expire in July 2012. While in the U.S. her family members asked her to stay for a little longer. She approached our office for help to extend her tourist visa. We prepared the application and filed the application on May 4, 2012. The case was approved in three weeks. Now she can remain in the U.S. for an additional period of time with her family.
Request for Reinstatement to F-1 Status Approved and Removal Case Terminated
Location: Toledo, Ohio
Client's Country: Nigeria
Our client entered the U.S. with an F-1 visa and was a full-time student at the university. During his time in school he met and married a U.S. citizen. They approached our office for help to file the green card application. We prepared and filed the I-130 marriage-based peittion and the I-485 green card application. We also attended the green card interview with our client and his wife. The adjudicating officer needed more time to review our client's case. Some time after the interview date our client and his wife started experiencing marital difficulties because of differences in culture and personality. Our client's wife decided to divorce our client and withdrew the I-130 Petition. The green card application was then denied because of the withdrawn I-130 Petition.
After our client married, he had stopped attending university because he and his wife were having financial difficulties. After his green card application was denied, he was placed into removal proceedings because he was out of status since he had stopped attending school. Our client wanted to continue going to school and asked our office for help to apply for reinstatement to student status.
We prepared and filed an application for reinstatement to student status in December 2011. We explained in detail the reasons for why our client stopped attending school and why he wanted to continue his studies. Our application was approved in March 2012. We then filed a request with the government DHS attorney to join us in terminating our client's case since he was now in valid F-1 status. We contacted the Chief Counsel's office and spoke with the government attorney handling the case. He instructed us to file a motion directly with the Court instead and that he would not oppose the motion. Therefore, we filed a motion to terminate directly with the Immigration Court, and the DHS attorney filed a rsponse that they did not oppose termination of the case. The Immigration Judge granted our motion in June 2012. Now our client does not have to leave the country and can finish pursuing his degree.
Change of Status from P-1 Visa to F-1 Visa Approved
Location: Detroit, Michigan
Client's Country: Uzbekistan
Our client was here in the U.S. on a P-1 visa as an internationally recognized athlete. He signed a promotional agreement with one of the respected promoters to compete and train in the U.S. He entered the U.S. in July 2009 and his stay was expiring by February 2012. While our client was in the U.S. he decided to study sports management and promotions and came to our office for help. We filed an application to change his visa status from a P-1 to an F-1 on January 10, 2012. On March 2012 we were issued an extensive Request for Evidence to show such things like most recent paycheck stubs from his P-1 employer, proof that he was in status, a detailed statement, proof that he would not abandon his foreign residence, proof of all of his residential addresses, and proof that he had an authorized vacation or leave of absence from his employment in his home country. Our client was also asked to provide reasons and justifications for why he wanted to return to school at this time, why he could not obtain such schooling back in his home country, and why he did not apply for a student visa a thte U.S. Embassy in his home country.
We spoke with our client as to what documents he could provide and prepared an extensive response to the Request for Evidence. Our response was submitted on Mach 29, 2012 and 10 days later, on April 9, 2012, USCIS approved the case.
Request for Reinstatement to F-1 Student Status Approved
Location: Cleveland, Ohio
Client's Country: Turkey
A citizen of Turkey was here in the U.S. in student status attending college in Cleveland, Ohio. He entered the U.S. on January 14, 2009 and maintained his student status until Fall Semester 2010. He initially enrolled for a full-time courseload of 13 credit hours, but his instructor dropped him from the course for missing classes due to illness. He fell to 7 credit hours from October 2010 to December 2010. He resumed full-time status during Spring Semester 2011 in January 2011. He did not know he was in violation of his immigration status and he was not notified of his situation until May 2011 by his school advisor. He then found out that his student status was terminated.
The next few days after his meeting with his school advisor, he was picked up by Immigration and Customs Enforcement (ICE) Agents. After realizing the severity of his situation, he immediately retained our office. We drove to Cleveland and met with him and ICE agents. We informed ICE that we will be filing an Application for Reinstatement and we asked for additional time to resolve this issue. ICE allowed our client to remain in the U.S. while his case was under review.
Our client faced several issues with his case. One problem was that he was seeking reinstatement more than 5 months after falling out of status. If a student has been out of status for more than five months there should be exceptional circumstances for the delay in filing. In addition, our client did not have any evidence to show that he was sick or sought medical treatment for his illness at a hospital. He also had not contacted his school advisor immediately after getting dropped from a class because he only became aware of his situation more than five months later. On June 10, 2011, our office filed the Application for Reinstatement with USCIS. While his case was under review with USCIS, the Service Center issued three Requests for additional Evidence (RFE).
On September 9, 2011, USCIS issued the first RFE. The Service requested that our client provide documented evidence of his illness that prevented him from attending school, proof that he contacted the school advisor at college to inform them of circumstances, letter from the school advisor detailing the termination of client's records, a detailed statement and documentary evidence to demonstrate that the failure to file within 5 months was due to exceptional circumstances, evidence that the SEVIS fee was paid, proof of current attendance, and proof of financial ability to meet the tuition and living expenses. Our office responded to this RFE on October 6, 2011 answering all points as completely as we could given our client's lack of evidence. We also argued and provided evidence that our client's failure to file within 5 months was due to factors outside of his control.
On November 7, 2011, USCIS issued a second RFE. It was requesting again that our client provide documented evidence of his illness that prevented him from attending school, proof that he contacted the school advisor at college to inform them of circumstances, letter from the school advisor detailing the termination of client's records, and a detailed statement and documentary evidence to demonstrate that the failure to file within the 5 month period was the result of exceptional circumstances . Our client was also asked to provide a detailed statement listing activities he engaged in during the period the past year since October 2010. Our office responded to this RFE on December 6, 2011.
On December 16, 2011, USCIS issued a third and final RFE. The Service Center again was requesting that our client provide documented evidence of his illness that prevented him from attending school, proof that he contacted the school advisor at college to inform them of circumstances, letter from the school advisor detialing the termination of client's records, updated transcript and proof that our client is enrolled for Fall 2011 and Spring 2012. Our office responded to this RFE on January 12, 2012. We again notified the Service Center that our client did not have any evidence of his illness. We also informed the Service that the school advisor did not provide us with the requested letter and that our client was also not registered for Fall 2011 and Spring 2012.
The case was under review for 11 months with three RFEs on record. USCIS finally approved this case on April 23, 2012. Our client is back in status and can complete his dream of getting his education.
H-1B Petition Approved for Mental Health Assessment Specialist
Location: Detroit, Michigan
Client's Country: Ukraine (Beneficiary)
Our firm was retained by a mental health care center that provides residential psychiatric treatment for children ages 10 through 17 who have severe behavioral and mental health problems. They wished to hire a Mental Health Assessment Specialist to help children deal with stress management, addictions, substance abuse, family, suicide, problems with self-esteem, and any other issues associated with mental and emotional health. A mental health license was not required by the employer to perform these duties.
The beneficiary possessed a Bachelor's and Master's degree in Psychology and had over 6 years of experience in the field working as a Family Treatment counselor providing professional counseling services and treatement to children and their families.
We submitted this case with USCIS on October 6, 2011. The Service Center issued a Request for Evidence (RFE) on October 20, 2011 asking that we prove that the petition meets the general requirements for petitions involving a specialty occupation. Specifically, the Service requested that we provide documents such as the employer's business registration, income tax returns, employment agreement, offer letter, valid contracts, position description, and a copy of the beneficiary's Michigan Mental Health Counselor license.
Our office onctacted the Michigan Bureau of Health Professions and requested that they confirmt that the position of Mental Health Assessment Specialist does not require a state license. We were able to secure such letter and mailed it to USCIS along wtih the other supporting documents on January 9, 2012.
On January 23, 2012, the Service Center issued the Notice of Intent to Deny this H-1B petition. The Service requested that the petitioner provide a letter from the appropriate State Licensing agency attesting to the beneficiary's exemption for the job duties listed in the petitioner's initial letter of support. We were awarded 30 days to respond due by February 22, 2012.
We immediately contacted the Michigan Bureau of Health Professions and asked for such letter. We followed up with the agency on several occasions. On February 21, 2012, we spoke to the State Licensing Agency who stated that if they had not responded to us yet, it is because they are either busy or do not have an answer to our inquiry.
We then contacted the experts in this field and asked them to verify that such position does not require a mental health license. We were able to get copies via electronic mail the same day and submitted our brief with USCIS on February 21, 2012 notifying them that we were not able to get the letter from the state agency, but we strongly believed that the position of the Mental Health Assessment Specialist based on the listed duties did not require the beneficiary to possess a license. USCIS received our brief on February 22, 2012.
In the meantime, on February 23, 2012, we received a letter from the Michigan Bureau of Health Professions attesting that the position of Mental Health Assessment Specialist based on the listed duties did not requie the beneficiary to possess a state mental health license. We immeidately emailed and faxed this letter to USCIS asking for their discretion to consider this evidence. USCIS responded to us stating tht they will forward our evidence to the adjudicating officer for review.
On March 5, 2012, USCIS issued a decision approving the H-1B petition!
H-1B Extension Approved for Senior GIS Analyst
Location: Seattle, Washington
Client's Country: S. Korea
Our client approached our office to help him extend his H-1B visa for an additional three years. He earned a Ph.D. degree in civil engineering from a prestigious university in the U.S. in 2007 and since then was heavily involved in scientific analysis. He was working as a Senior Geographic Information Systems (GIS) Analyst for the county government in the State of Washignton. In that position he was responsible for performing complex GIS processing and analysis functions, applications design, and developmetn and testing assignments. His extension was due in less than a month.
H-1B filing now consists of two steps: (1) submitting ETA Form online with the Department of Labor and then, upon certification of this ETA Form within 7 business days, (2) filing H-1B related documents with USCIS. Since the case was due in less than a month, we estimated that we urgently had to start the case for us to make it by the deadline. We reviewed his documents, drafted all necessary forms, had everything prepated and filed this H-1B petition with USCIS a day before it was due. The H-1B was approved via regular filing in less than 3 months in November 2011.
Change of Status from B-2 Visa to F-1 Visa Approved
Location: Detroit, Michigan
Client's Country: Uzbekistan
Our client was here in the U.S. on a tourist visa with her husband. They came to the U.S. to visit their relatives and friends. They entered the U.S. in January 2011, and their visas expired in July 2011. While our client was in the U.S. she decided to attend an English language program and came to our office for help. We filed an application to change her visa status from a tourist visa to a student visa on June 17, 2011. On August 22, 2011, we were issued an extensive 10-bullet point Request for Evidence to show such things like she would not abandon her foreign residence, that she had sufficient funds to support herself and her husband in the U.S., proof of all of her residential addresses and financial activity during her time in the U.S., and proof that she had an authorized vacation or a leave of absence from her employment in her home country. Our client was also asked to provide reasons and justification for why she wanted to return to school at this time, why she could not obtain such schooling back in her home country, why she did not apply for a student visa at the U.S. Embassy in her home country, and why she entered the U.S. in the first place.
We spoke with our client as to what documents she could provide and prepared an extensive response to the Request for Evidence demonstrating that she had significant family and financial ties to her home country and would not abandon her foreign residence. We also provided a detailed explanation for the requests stated above. Our response was submitted on September 20, 2011, and USCIS approved the case nine days later! Now, our client can remain in the U.S. to study English, and her husband is also permitted to stay here as her dependent.
H-1B Petition Approved for Transportation Analyst
Location: Columbus, Ohio
Client's Country: China (Beneficiary)
Our firm was retained by a corporation who provides fully integrated business solutions to help retailers optimize revenues and profits. They wanted the services of a Transportation Analyst who would generate site specific studies relating to sales forecasts and general market research. The potential employee ws a citizen of China and possessed a Master's degree in civil engineering from The Ohio state Univeristy. Our concern was that the potential employee's educational background was not relevant to the proposed job duties and to the nature of our client's operations. The offered position seemed more like that of a Statistical Analyst type of position that does not necessarily require an engineering degree. We researched the Foreign Labor Certification Data Center and gathered enough evidence to establisht hat the offered position could require a bachelor's degree in civil engineering and such degree could be used to benefit our client's services. The beneficiary's status was expiring by the end of September 2011. We put together the petition and submitted it to USCIS via premium processing request on September 1, 2011. This case was approved within 5 business days without any request for additional evidence.
Change of Status from B-2 Visa to F-1 Student Approved
Location: Miami, Florida
Client's Country: Tajikistan
Our client from Tajikistan was here on a tourist visa with his wife and child. He came to our office to help him change his status to a student. We filed all the necessary applications and supporting documents on May 5, 2011. We showed that our client had permanent ties to his home country and did not intend to abandon his foreign residence. We also provided an explanation as to why he wanted to attend school. Immigration did not request any additional evidence and the case was approved a little more than 3 months later on August 10, 2011.
K-1 Fiancee Visa Petition Approved
Location: Columbus, Ohio
Client's Country: Russia
Our client met his Russian fiancee while she was the U.S. as a visiting scholar on a J-1 visa. Our client's fiancee left the U.S. after her program was completed and returned to Russia. She and our client had a child together. Our client wanted to marry his fiancee and bring her and their child to the U.S.
Our client approached our office to file the fiancee visa petition. We prepared the application and instructed our client as to what documents to provide. Our client kept in constant contact with his fiancee online and through email correspondence. He also visited Russia three times to see his fiancee and their child. We prepared the evidence to show that our client had kept in contact with his fiancee over the last two years and that this was a bona fide relationship.
The visa petition was filed on April 19, 2011, and it was approved on July 1, 2011 without any additional request for evidence. Our client, his fiancee, and their child can soon be reunited here in the U.S.
H-1B Petition Approved for Pastor- USCIS Questions if Position is Specialty Occupation
Location: Columbus, Ohio
The beneficiary was here on a student visa. He graduated and was working at a church as a pastor under the optional practical training program. His work authorization was going to expire in June 2011. He wanted to continue working at the church, and we explored several options to allow him to stay and work legally in the U.S. Based on the facts of the case, we decided he was eligible for an H-1B visa, a nonimmigrant work visa for those working in a specialty occupation that requires a bachelor’s degree as a minimum entry requirement. We filed the visa petition with all of the necessary supporting documents but were issued a request for evidence. USCIS was not convinced that the proffered position qualified as a specialty occupation according to Department of Labor data. We were asked to demonstrate that a degree requirement was a standard requirement for this position.
We did research and provided extensive evidence to show that a bachelor's degree was a minimum entry requirement for this position in several ways. First, we included job listings to show that a degree requirement was common to other similarly structured churches. We also showed that the petitioner had a history of requiring master's degrees from candidates for the same position in the past. Lastly, we showed evidence that such a degree requirement was a common interdenominational requirement. Our office filed the response ot the Request for Evidence, and the case was approved 7 days later!
B-2 Visa (Temporary Visitor for Pleasure) - Extension of status
Location: Miami, Florida
Client's Country: Tajikistan
Our client and his wife from Tajikistan came to the U.S. to visit a close family friend. Their B-2 visas were due to expire in November 2010. While in the U.S. the couple had a child and their friend suddenly passed away. All of their travel plans were put on hold. The couple decided to extend their stay for a little longer out of concern for their infant's safety and well-being. They were also invited to travel and tour the U.S. with other friends. They approached our office for help to extend their tourist visa. We prepared the application and provided ample proof showing the purpose of the couple's stay in the U.S., the temporary nature of their stay, and demonstrated that the couple had the financial ability to support their stay in the U.S. We filed the application at the end of November 2010, and the application was approved in less than two months. Now the couple can stay and travel in the U.S. for another six months.
H-1B Petition Approved for an Economics Researcher/Data Analyst
Location: Cleveland, Ohio
Client's Country: Turkey (Beneficiary)
Our client is an economics and research consulting company that provides statistical analysis and policy recommendations to the public and private sector. The company consists of two partners and derives an annual income of approximately $100,000. The Employer was facing tough challenges and wanted to hire an economics researcher to help them with research and data analysis on assigned cases. The beneficiary is from Turkey and possesses a Master's and Bachelor's degrees from accredited U.S. universitities and over 3 years of professional experience. We filed the H-1B petition with the supporting documents to a Service Center while the beneficiary was in concurrent status. Her status was expiring within two months. Prior to adjudication, the Service Center contacted our office via phone and inquired about whether the beneficiary is still in concurrent status. We notified the Officer that the beneficiary is no longer in concurrent status and relies on the approval of the H-1B petition. After we answered all the Officer's questions, the case was approved within several days in January 2011. The beneficiary will be able to maintain her legal status for another three years.
B-1 Visa (Temporary Visitor for Business) - Extension of status
Location: West Virginia
Client's Country: India
Our client from India entered the U.S. with a valid B-1 Visa to participate in a clinical rotation at a U.S. hospital. Our client needed additional time to complete his program, and we filed his fourth request to extend his status. His application was approved, and he is permitted to stay an additional six months to further his training. The case was approved in two and a half months.
B-1 Visa (Domestic Worker) - Extension of status
Location: Hilton Head, South Carolina
Client's Country: Philippines
A Citizen of Philippines has been employed overseas continuously at a US Citizen household in a position of a domestic worker since 1984. In 2004, the US Employer's assignment required him to relocate back to the United States to serve in a senior executive capacity. Our client accompanied the US Employer and entered the United States in 2004 under a valid B-1 status. It's been 6 years since the initial entry to the states. Our office submitted request for an extension on September 13, 2010 indicating that the US Employer continues to require our client to perform the duties of a domestic helper. USCIS issued an approval on October 29, 2010.
B-1 Visa (Temporary Visitor for Business) - Extension of status
Location: West Virginia
Client's Country: India
A medical student from India entered the United States on a valid B-1 Visa to perform a clinical rotation at a hospital in the United States. Upon entry, the applicant was given one month stay and his passport was stamped "NO EOS AOS COS" meaning that he was not allowed to extend his status, adjust his status, or change his status. An extension of status was filed with USCIS explaining the nature of the problem. In three weeks, USCIS approved this case extending the applicant's status to 6 months. In February 2010, we filed this applicant's third extension of stay under B-1 and were able to approve this case in 25 days.
K-1 Visa (Fiance Visa) - Response to Request for Evidence of in-person meeting
Location: Cleveland, Ohio
Client's Country: Ukraine (Beneficiary)
A Fiance Visa Petition was filed on behalf of a Ukrainian Citizen on February 1, 2010 to the California Service Center. On March 12, 2010, the Service issued a request for additional evidence (RFE) asking to provide proof of the in-person meeting between the petitioner and the beneficiary. Our firm gathered all supporting documents from the petitioner in the United States and from the Beneficiary in Ukraine, and we responded to USCIS on April 1, 2010. Case was approved two weeks later on April 14, 2010.
K-1 Visa (Fiance Visa) - Expediting case outside normal processing times
Location: Columbus, Ohio
Client's Country: Jordan (Beneficiary)
A US Citizen filed a Fiance Visa Petition on behalf of Jordanian Citizen with USCIS in September 2009. Six months passed by and there was no response from USCIS. He then retained our law firm to assist him with this matter. We immediately contacted USCIS via mail, phone, and electronic mail, informing them that this case was outside normal processing times. Within a couple of days, our office was notified that USCIS issued a request for additional evidence (RFE) and we should have it in the mail soon. USCIS wanted to see the proof of the last personal meeting. Our office provided all supporting documents to USCIS on Friday, April 23, 2010. One business day later on Monday, April 26, 2010, USCIS approved this case.
Deborah Lee, Esq.
Mon. - Fri.: 9 a.m. - 6 p.m.