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Consular Processing (Immigrant & NI Visas)

Immigrant Visas Approved for Parents of U.S. Citizen
Location: Northport, AL
Client's Country: China

Our client is a U.S. citizen and needed help to bring his parents to the U.S.  His mother and father are currently living in China.  We prepared and filed I-130 Petitions for both his father and mother with all necessary supporting documents in June 2012.  The Service issued a Request for Evidence in September 2012 asking for additional evidence regarding the client's birth because his birth certificate had a delayed registration of more than one year.  We instructed our client to get a DNA test for both himself and his parents.  We helped our client find and work with the DNA testing facility.  The DNA results clearly showed that our client was the biological son of both the beneficiaries.  The results were submitted in November 2012, and the I-130 Petitions were approved one week later. 

We next helped our client prepare the Immigrant Visa applications with all supporting documents for both parents.  We submitted all documents to the National Visa Center in in January 2013.  The documents were accepted, and the case was finally ready to be scheduled in China in May 2013.  We helped our client's parents schedule the visa interview and provided a list of documents to bring to the inteview.  The interviews were scheduled for July 1, 2013, and the applications were approved the same day.

Immigrant Visas (Green Cards) Based on the Child Status Protection Act (CSPA)
Location: Brooklyn, NY
Client's Country: Egypt

Our client from Egypt approached our office to help his parents with their approved I-130 Petition filed by a US Citizen brother. Our office reviewed the case and informed the client that the priority date was not available as of that time, but when it becomes current, we should be able to help his parents and also try to include his parents’ two youngest children under the Child Status Protection Act (CSPA). Both children were already above 21 years of age. However, CSPA permits certain beneficiaries to retain classification as a “child,” even if they have reached the age of 21.

 

One month before the priority date became current we contacted our client and provided him with the list of documentation he needed to provide for us to assist him with his parents’ case. When the priority date became current, the youngest children were 22 and 23 years old. We helped our clients prepare their application for Immigrant Visas to the National Visa Center.  We also submitted a brief explaining why we believed the youngest children should be eligible to enter the United States on an immigrant visa under this case. We cited several cases and argued that these individuals do not lose their status as children. The Immigrant Visas Applications and CSPA Brief were filed with the NVC on June 6, 2012.  An interview was scheduled for our clients and their children on September 18, 2012 in Cairo, Egypt. After the interview, our clients were notified that their case would be undergoing mandatory administrative processing and the time needed to review their cases would be difficult to predict. Our office contacted the US Consulate in Cairo numerous times and requested that their cases be adjudicated.

 

On November 14, 2012, the US Consulate notified our office that beneficiary of an approved I-130 and her oldest child were issued immigrant visas. Mother and child entered the United States in December of 2012 and within weeks they were issued green cards. However, the derivative husband and youngest child were still undergoing mandatory administrative processing. We contacted the US Consulate every month and finally on May 2, 2013, we were notified that the father and youngest son were also issued immigrants visas.

 

We were happy to assist this family and allow them to come to the United States as Lawful Permanent Residents and bring their youngest children under the CSPA category.

I-130 Petitions Approved for Parents of U.S. Citizen
Location: Chicago, Illinois
Client's Country: Ukraine

We assisted our client in obtaining her ten-year green card and her citizenship.  After she was naturalized she approached our office for help to bring her parents to the U.S.  We prepared the proper documentation and filed the I-130 Petitions for Alien Relatives on January 15, 2013.  Both petitions were approved in four months on May 10, 2013.  Now, we can file their applications for Immigrant Visas.

Motion to Reopen/Reconsider Revoked I-130 Petition Approved and I-130 Reaffirmed
Location:
Client's Country: Lebanon

Our client's mother filed an I-130 petition when she was a lawful permanent resident for her son in the preference category of unmarried son over 21 in 1991.  The I-130 was approved two months later.

Our client voluntarily departed the U.S. and established his life, family, and career overseas. He wanted to return to the U.S. to be close to his elderly parents who were sick.  Since the approval of the I-130 petition in 1991 our client's mother had become a U.S. citizen, and our client had married.  In 2007, our client's former attorney helped him to start the consular processing of his case so he could apply for an immigrant visa.  The former attorney argued that our client was now eligible to file because he now belonged in the preference category of married sons of U.S. citizens and his priority date from 1991 was current for that preference category. 

Our client's former attorney requested that his I-130 petition be cabled overseas so that he could apply for an immigrant visa.   Our client appeared for his interview at the embassy. 

While the case was pending, he received a notice that his I-130 petition was under review with the Deparment of State.  Then, he received a notice that his I-130 petition was automatically revoked because he was now married.  It appeared that our client had been married twice and that his first marriage occurred PRIOR to his mother becoming a U.S. citizen.  Therfore, pursuant to the Regulations, his I-130 petition should have been automatically revoked because he was married while his mother was still a lawful permanent resident.  There are no preference categories for married sons of lawful permanent residents.

Our client approached our office for help in February 2012.  We reviewed the case and found out that our client's first marriage was annulled.  We filed a Motion to Reopen/Reconsider his case with Immigration arguing that Immigration did not give retroactive effect to the annulment of his marriage.  We found some decisions issued by the Board of Immigration Appeals that held that when there is an annulment, Immigration should relate back to the date of the marriage and find that no marriage ever existed for immigration purposes unless doing so would result in a gross miscarriage of justice, for example, in the case where a marriage was entered into fraudulently for immigration purposes.

Our client had no physical proof that his marriage was bona fide, but we provided his affidavit explaining the unstable mental health condition of his ex-wife and the events that led to the annulment.  We also pointed out that the annulment was initiated by our client and not his U.S. citizen spouse.  We also provided evidence that the I-130 petition should be reinstated in the interests of justice and as a matter of discretion. We provided evidence that our client's parents had serious illnesses and pointed out that our client would have to wait at least 10 more years before being eligible for another immigrant visa. 

The I-130 petition was successfully reaffirmed, and our client is now eligible to continue with his application for an immigrant visa.

J-1 Visa for Medical Doctor Approved - Delays in Administrative Processing
Location: Toronto, Canada
Client's Country: Egypt

Our client from Egypt was a medical doctor who was approved to attend a residency program at a prestigious children's hospital in the U.S.   He appeared for his J-1 visa interview at the Consulate in Toronto, Canada on May 25, 2012.  During the interview, he was informed by the consular officer that more time was needed to process the case in order to carry out security background checks also known as administrative processing.  The Consulate instructed our client that the normal processing time is about 6-8 weeks.  Our client was under a deadline to come back to the U.S. by July 1 so that he could start his program.  Over 150 days had passed without any news from the Consulate.  Our client approached our office for help on October 22, 2012.

We immediately contacted the Nonimmigrant Visa Unit at the Consulate in Toronto along with the Visa Office of the U.S. Department of State inquiring about the status of the case.  We were informed that the case was still undergoing administrative processing.  The delay in our client's start date at the hospital was causing financial hardship for the hospital and it was creating a medical emergency for our client's wife who was pregnant at the time. She had a history of postpartum depression and her physician was extremely concerned about the emotional and physical well-being of both her and her unborn child.  We asked both the hospital and our client's wife's physician to prepare letters to demonstrate the hardship that both the hospital and our client's wife was experiencing.

We submitted a request with the Consulate in Toronto and the Department of State's Visa Office for expedited processing of the case based on these financial and medical emergencies.  We received the same blanket responses that the case was undergoing administrative review.  We then assisted our client to place a congressional inquiry with a U.S. Senator's office to inquire about the case.  We also submitted email inquiries with the White House Office Agency Liasion and reported a complaint to the Office of Inspector General for the undue waiting period.  We then contacted a member from the American Immigration Lawyer's Association (AILA) Department of State (DOS) Liasion Committee and asked them for help with the situation.  We also resubmitted our request for expedited processing due to a medical emergency and submitted a new letter from our client's wife's physician.  Lastly, we contacted the Consular Chief of the Consulate in Toronto.

On December 6, 2012, we finally received some good news.  We received a response from the AILA committee member who received an email from the Director of Legal Affairs at the Visa Office in the Department of State that they had discovered the reason why the case was taking longer than expected and ensured that appropriate measures were being taken to move the case as quickly as possible.  On the same day we were informed that our request for expedited processing due to emergency medical issues was approved, and our client received an email from the Consulate in Toronto that they could now conclude the final processing of his visa application.  The Consulate requested that our client send his passport to the Consulate for the issuance of the visa stamp. 

Our client waited for his visa to be issued for several weeks with no response.  We immediately contacted the Consulate in Toronto asking about the delay, and we contacted the AILA committee member for help as well.  Then, finally on January 4, 2013, our client and his wife's J-1 visas were issued!

I-130 Petitions Approved for Parents of U.S. Citizen - Issues with Proving Parentage
Location: Northport, AL
Client's Country: China

Our client is a U.S. citizen and needed help to bring his parents to the U.S.  His mother and father are currently living in China.  We prepared and filed I-130 Petitions for both his father and mother with all necessary supporting documents in June 2012.  The Service issued a Request for Evidence in September 2012 asking for additional evidence regarding the client's birth because his birth certificate had a delayed registration of more than one year.  We instructed our client to get a DNA test for both himself and his parents.  We helped our client find and work with the DNA testing facility.  The DNA results clearly showed that our client was the biological son of both the beneficiaries.  The results were submitted in November 2012, and the I-130 Petitions were approved one week later.  Our client's parents can now file immigrant visa applications to enter the U.S.

Immigrant Visa Approved for Mother of U.S. Citizen
Location: Ohio
Client's Country: Latvia

A U.S. citizen's mother was interviewed by the U.S. Consulate regarding her Immigrant Visa application on March 19, 2012.  The case was delayed because the Petitioner's birth certificate listed a different last name for her mother.  The U.S. Consulate requested that the Petitioner provide an amended birth certificate.

The Petitioner was born in Russia and contacted the Russian embassy in the U.S. and Latvia and asked if the Consulates could assist her to amend the birth certificate record to prove that her mother is her real biological mother.  However, neither office was able to assist her.  The Petitioner approached our office for help.  We contacted the U.S. Consulate on the same day on August 16, 2012 and explained to them the dilemna and asked the Consulate if we can provide them with DNA test results to confirm the mother-daughter relationship.

On August 20, 2012, the Consulate responded stating that under the current circumstances, the beneficiary is best advised to revisit their office for a repeat interview on August 27, 2012.  When she reappeared for her follow-up interview, the Consulate accepted her existing evidence on the daughter-mother relationship, and now she will receive permission to enter the United States after final review. 

Immigrant Visa Approved for Mother of U.S. Citizen
Location: Ohio
Client's Country: Jamaica

A U.S. citizen approached our office for help to bring his mother here from Jamaica.  We prepared and filed the I-130 Petition for Alien Relative on October 27, 2011.  The I-130 Petition was approved on April 12, 2012.  We then prepared his mother's immigrant visa application.  She had her interview in Kingston, Jamaica on September 13, 2012, and the application was approved.  Now, she can enter the U.S. and will receive a green card in the United States.

I-130 Petition Approved for Father of U.S. Citizen
Location: South Carolina
Client's Country: China

A U.S. citizen approached our office to help her bring her father from China to the U.S.  We prepared the I-130 Petition on behalf of our client on September 13, 2011, and the I-130 Petition was approved on April 6, 2012.  Our client's father can now apply for an immigrant visa so he can be reunited with his children in the U.S.

Immigrant Visa Approved for Mother of U.S. Citizen
Location: South Carolina
Client's Country: China

Our client became a citizen April 2011 and wanted to bring his mother to the U.S. to live with his family.  We prepared an I-130 Petition for our client on April 29, 2011, and the I-130 Petition was approved in 3 months.  

 

Next, we helped our client prepare his mother's application for an Immigrant Visa to the National Visa Center (NVC).  We received all of her documents from China, and the application was filed on September 20, 2011. There were no requests for additional evidence, and the  NVC completed the processing of the case in less than one month on October 17, 2011.  The file was shipped to the U.S. Consulate in Guangzhou for interview.  An interview was scheduled for our client's mother on January 18, 2012.  The case was approved the same day, and now our client will receive her green card a few weeks after entering the United States and be reunited with her son.

 

Immigrant Visa Approved for Mother of U.S. Citizen
Location: South Carolina
Client's Country: China

A U.S. citizen approached our office to help her bring her mother from China to the U.S. Our client left China more than eight years ago.  She became a citizen late last year and wanted to bring her mother to the U.S. to live with her.  We prepared an I-130 Petition for our client in June 2010, and the I-130 Petition was approved in five months.

Next, the file was transferred to the National Visa Center for consular processing.  We helped our client's mother prepare her application for an Immigrant Visa to the National Visa Center.  We received all of her documents from China, and the application was filed in February 2011.  The file was shipped to the U.S. Consulate in Guangzhou, China in April 2011.  An interview was scheduled for our client's mother at the end of June 2011. 

Our client's mother had a medical examination prior to her interview and was informed that she needed to undergo additional testing to verify her medical condition.  Her interview was rescheduled for a later date until the medical issue was verified.

Our client's medical examination results came out clear, and we requested that her interview be rescheduled as soon as possible. Her interview was rescheduled for October 2011, and the Immigrant Visa application was approved the same day.  Our client can now be reunited with her mother after 8 years of separation, and her mother will now become a permanent resident.

Immigrant Visa Approved for Son of LPR - Delay in Administrative Processing
Location: Iran
Client's Country: Canada

Our client is a citizen from Canada and a national of Iran.  His mother is a lawful permanent resident, and she petitioned for an immigrant visa on behalf of her son in 2003.  Visas finally became available for his application, and he was scheduled for an interview in December 2010 at the Consulate in Montreal.  With an approval of this application, our client would be able to enter the U.S. and obtain his green card.  At the interview he was informed that the visa should be issued approximately two weeks later. 

Based on this information, our client who is a medical doctor applied for a residency position in the United States through a match program administered by the National Resident Matching Program (NRMP).   More than two weeks had passed without any news from the Consulate.  Our client inquired about his case and found out that his immigrant visa application was indefinitely placed under administrative processing due to security background checks.  Our client was also informed by the NRMP that he had been matched with a hospital program in the U.S.  that would start in July 2011. 

Our client’s immigrant visa case was delayed, and he could not enter the U.S. in time to start his residency.  He was informed by the NRMP that the hospital had asked for a waiver of their commitment to our client to continue to keep this position on hold for him. 

Our client approached our office for help.  Our client was concerned that his failure to appear would jeopardize his residency opportunities in the future.  We submitted a response to the NRMP explaining our client’s immigration status, and the NRMP decided that it would not pursue our client’s failure to appear as a violation of the agreement signed with the hospital.  Our client was permitted an opportunity in the future to apply for a residency position through the Residency Match Program. 

We then contacted the Consulate and Department of State’s Visa Office regarding his immigrant visa application.  We were informed that his case continued to be under administrative review, and that it could take up to a year for processing.  We responded to the Department of State’s Visa Office on August 5, 2011 requesting expedited processing of this case and noted that the security advisory opinion was well overdue the standard regulatory processing time.  The Consulate contacted us 12 days later indicating that administrative processing was complete and that our client’s immigrant visa would now be issued after receiving a valid passport.   Our client can finally enter the U.S. and obtain his green card and pursue his training as a doctor.

H-1B Approval for Pharmacist - Delays in Administrative Processing
Location: Ohio
Client's Country: Egypt

Our client from Egypt needed help to expedite his H-1B visa application at the Consulate in Toronto.  He had an approved H-1B extension valid from March 2010 to November 2012.  Our client wanted to renew his H-1B visa stamp so he could freely travel to Egypt in case of any emergency.  His previous H-1B visa had expired.  He requested an interview at the Consulate in Toronto, Canada because the U.S. Embassy in Cairo, Egypt was shut down for security reasons due to the revolution that was taking place in the country in January 2011.  The Consulate in Toronto agreed to accept his application.  Our client was scheduled for an interview on May 6, 2011.  He was told at the time of the interview that his case would be suspended for administrative review which would take approximately 2 weeks.  He was allowed to enter the U.S. with a temporary tourist visa. 

Three weeks later, our client went back to Toronto to check on the status of the case and was informed that the case would take an additional 2-6 weeks of processing.  He emailed the Consulate a week later and was then informed that administrative processing could take up to one year.  Our client had to leave for Egypt because of the inability to stay in the United States under a valid H-1B.

Frustrated over the delay in processing, our client approached our office for help.  His job security was threatened the longer he stayed out of the country, and the security and the well-being of his family remained at risk the longer he stayed in Egypt.  We contacted the Consulate in Toronto on June 15, 2011 and was informed that his case was under administrative review.  We next contacted the Visa Office of the Department of State to explain the urgency of the matter and requested expedited review.  We were also informed that his case was under administrative review.  We then contacted the Consular Chief and the Nonimmigrant Visa Unit of the Consulate in Toronto to push for the processing of the case.  We were again informed that the case was under administrative review.  Finally, we contacted the Visa Office of the Department of State on August 5, 2011 and requested that our client's H-1B visa be granted because the Security Advisory Opinion was well overdue.  Our client's visa application was cleared three days later and he will have his passport stamped with a valid H-1B visa.  Now our client can finally return to the U.S. with his family and will not lose his job.

Immigrant Visa Approved for Son of U.S. Citizen
Location: Minnesota
Client's Country: Russia

A U.S. citizen needed help to bring his son to the U.S. from Russia with whom he has been separated since 1995.  His son was 20 years old and needed his case to move quickly before he turned 21 and was no longer considered a child for immigration purposes.  Our client had an approved I-130 Petition for Alien Relative.  We prepared the Immigrant Visa application with all supporting documents and filed the application on June 7, 2011.  The National Visa Center processed the case, and processing went smoothly with no requests for additional evidence.  Our client's son was scheduled for an interview in Moscow on August 8, 2011, and the Immigrant Visa application was approved on the same day during the interview.  Our client's son now will be able to reunite with his father after many years of hardship, separation, and prayer. 

I-130 Petition Approved for Mother of U.S. Citizen
Location: South Carolina
Client's Country: China

A U.S. citizen approached our office to help him bring his mother from China to the U.S.  We prepared the I-130 Petition on behalf of our client on April 29, 2011, and the I-130 Petition was approved on August 2, 2011 in a little over three months with no requests for evidence.  Our client's mother can now apply for an immigrant visa so she can be reunited with her son.

J-1 Visa Approval for Medical Doctor Overseas - Delay in Processing
Location: Pennsylvania
Client's Country: United Arab Emirates

Our client from the UAE was a medical graduate who was approved to attend a fellowship program at a hospital in the U.S.  He returned to the UAE to apply for a J-1 Exchange Visitor visa.  He was issued a Certificate of Eligibility by the Department of State (Form DS-2019) and was scheduled for his visa interview at the Consulate on April 10, 2011.  During the interview, he was informed by the consular officer that it would take approximately two weeks to process the case.  The visa wait times posted on the Consulate’s website is two days.  Our client was under a deadline to come back to the U.S. by April 18 so that he could start his program.  Our client’s hospital employer sent a request for the expedited processing of the case so that our client could return by April with no response.  Almost one month had passed without any news from the consulate.  Further delays in his arrival to the U.S. threatened his eligibility to attend the fellowship program in the U.S.

Our client contacted our office for help to expedite the processing of the case.  We emailed the Consulate in the UAE multiple times explaining the situation with no response from them.  We then contacted the Department of State's Visa Office for assistance with the case.  We were informed that their office could not be involved for another 60 days.  We then contacted the Consular Chief of the Consulate in the UAE and explained the urgency of our client's situation.  He noted that we brought the case to his attention but that he could not expedite the administrative processing of the case.  We contacted the Consulate again to check on the status of the case.  A week and a half later the visa application was approved and our client was issued a J-1 visa.

B-2 Visitor Visas Approved for Parents Overseas - Delay in Processing
Location: Ohio
Client's Country: United Arab Emirates

Our clients from the UAE were trying to bring their parents to the U.S., and their parents applied for visitor's visas at the local Consulate.  The parents were interviewed in February 2009 at the Consulate and were informed that it would take two to ten weeks to process the case.  Their case was pending for more than a year and half with no decision. They approached our office for help in September 2010 to inquire about their parents' case.  We contacted the Consulate about the case and were informed that the Consulate needed scanned copies of the visa applications to proceed.  We immediately contacted the Consulate expressing our dismay that it appeared that the Consulate had either lost the visa applications or had not even begun to review the case.  We then contacted the Department of State's Visa Office to inquire about the case and to report our problems with the Consulate.  We received an email from the Consular Chief of the Consulate informing us that the required administrative processing had never occurred for the case.  The Consular Chief advised us to reapply for the visas and informed us that it would provide expedited appointments to rectify the case.  Our clients' parents reapplied for their visitor visas in December 2010.  Their visa applications were approved in February 2011.  Two years later our clients can finally see their parents in the U.S.

Immigrant Visa for Wife of U.S. Citizen
Location: Missouri
Client's Country: South Korea

Our client is a U.S. citizen and approached our office to help him bring his wife from South Korea.  They had met in the U.S. while she was a student.  They married in the U.S., and she returned to S. Korea for school.  We prepared the I-130 petition and all of the supporting documents to show that the marriage was bona fide and entered into good faith.  We filed the I-130 petition at the end of August 2010.  The I-130 petition was approved four and half months later in January 2011. 

We filed the Immigrant Visa application with all supporting documents for our client, and she was scheduled for an interview in Seoul in June 2011.  Her immigrant visa was delivered to her two weeks later.  Now, she can be reunited with her husband in the U.S.

Immigrant Visa for Alien of Extraordinary Ability - Athlete
Location: Germany

Our client from Europe is a world reknown heavyweight champion boxer, and he retained our office to help him to apply for an immigrant visa for him and his family.  We prepared an extensive I-140 Petition for an Alien of Extraordinary Ability (EB-1A) with USCIS and requested premium processing for expedited service.  The petition was approved in two days.

We next began the task of preparing the Immigrant Visa applications for him and his family.  We instructed him as to all the documents he needed.  We carefully put together the applications and filed them with the National Visa Center in August 2010.  The NVC forwarded the information to the consulate overseas, and he was scheduled for an interview in January 2011.  The immigrant visa applications for our client and his family were approved the day of the interview!  Our client can now further his training and career here in the U.S. and has his wife and children by his side.

I-130 Petition Approved for Father of USC - Expediting case outside of normal processing times
Location: Alabama
Client's Country: China

A U.S. Citizen approached our firm to help her with her father's immigrant visa application that she filed in 2008. Her father had an interview in China, but no decision had been rendered for many months after the interview. She asked that we represent her father's case and expedite the processing. We submitted multiple inquiries with the consulate in China pushing them to adjudicate the case. Within the same month our client's father's immigrant visa was granted.

I-130 Petition Approved for Brother of USC- Problems with NVC and insufficient evidence
Location: West Virginia
Client's Country: India

A U.S. Citizen filed an I-130 Petition on behalf of her brother, a citizen of India, in 1997. Since the priority date became current, the case was stuck with the National Visa Center (NVC) of the Department of State and was not moving forward due to the lack of evidence such as birth certificates, marriage certificates, financial records, police certificates, and others documents. We contacted the NVC and provided the available supporting documents and notified NVC that neither the petitioner nor the beneficiary had certified records of birth certificates or marriage certificates. We informed the NVC that in India, prior to 1970, the reporting of births was voluntary and that marriages of religious communities did not usually register marriages with the state. Therefore, such birth records and marriage certificates are not available. We provided an affidavit from one person who could attest to the birth record and marriage ceremony. The case was forwarded to the U.S. Consulate in India which also requested some additional supporting documents. After 13 years of patience, in June of 2010, the beneficiary along with his wife were finally allowed to enter the United States in an Immigrant Visa F4 Category.

I-130 Petition Approved for Stepchild of U.S. Citizen
Location: New York, NY
Client's Country: Turkmenistan

A Citizen of Turkmenistan married a U.S. Citizen and received her Green Card. She wanted her daughter, who is currently in Turkmenistan and is above 18 years old, to accompany her. We filed an I-130 Petition for her daughter indicating that the child was under 18 when the marriage took place and as such she is eligible to join. Her I-130 was approved in one month.


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Deborah Lee, Esq.
1350 W. 5th Ave., Ste. 314
Columbus, OH 43212

Phone: 614-725-5804
Fax: 614-725-5805


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