Getson & Schatz, P.C. Represents H-1B Employee in Filing For Green Card Based Upon Marriage to US Citizen

Our law firm provides immigration representation to many companies and organizations  throughout the United States.  One of our corporate clients supplies computer software and consulting services to North American manufacturers and the U.S. federal government.  The company wanted to employ a nonimmigrant as a software engineer in H-1B status on a full-time temporary basis.  We organized and submitted all of the forms necessary to apply for an H-1B Status.  In connection with the H-1B Petition we utilized the services of a credential evaluation company with which we have a long term working relationship to evaluate the nonimmigrant’s foreign degree to demonstrate that the degree was equivalent to a degree issued in the United States at the Master’s level.  USCIS approved the H-1B petition and our client was granted H-1B status as a software engineer for 3 years.  Towards the end of the 3 year period, the company came to us seeking help with extending the H-1B status of the same employee.  Getson & Schatz, P.C. successfully petitioned for this extension.  After successfully working with the company and employee on two H-1B visas spanning almost 6 years, the employee married a US Citizen whom he had met while living in the United States and sought our help applying for a green card. Although the H-1B status is a temporary status, it has dual intent, meaning that a person can simultaneously express an intention to immigrate to the United States by filing an I-485 and also maintain lawful H-1B status.  This is important because an individual with a pending I-485 green card application can travel using an H-1B visa instead of an Advance Parole Travel Document so long as they maintain H-1B status by continuing to work for the H-1B employer while the green card application is pending.  We filed Forms I-485 and I-130 based upon the marriage, prepared the employee and his wife for the USCIS interview, and attended the USCIS interview with them.  The green card was approved.

USCIS Approves H-1B Nonimmigrant Visa for Cap-Exempt Employer

Getson & Schatz, P.C. provides immigration representation to a large hospital in Pennsylvania. The hospital needed help petitioning for a prospective H-1B employee for a change of employer. An H-1B nonimmigrant visa allows specialty occupation workers to temporarily work in the United States. There are two main requirements for an H-1B visa: (1) the position must be a specialty occupation requiring a U.S. bachelor's degree or higher and (2) the person applying for the H-1B visa must possess a U.S. bachelor’s degree or higher or its equivalent.  United States Citizenship and Immigration Services (USCIS) classified the hospital as a “cap exempt” H-1B employer because it is an Affiliate of a University and is also  a non-profit research facility. In this case, our firm filed Form I-129 Petition for Immigrant Worker along with the H Supplement, Form I-129H-1B, and a copy of the Department of Labor (DOL) Labor Condition Application. The Labor Condition Application describes the wage to be paid, the prevailing wage for the   position, and affirms that the employer will abide by certain regulations.  We also provided a letter from the hospital regarding the formal job description of the position.  Lastly, our firm filed a petition for the employee’s wife to obtain an H-4 nonimmigrant visa. The H-4 nonimmigrant visa is granted to derivatives (such as a spouse or children) of the primary visa beneficiary. USCIS approved the filings and the H-1B change of employer and H-4 extension of status were granted.

Immigration Court Grants Green Card to Client After Appeals Court Overturns Deportation Order

Last week, an Immigration Judge in York, Pennsylvania granted our client’s green card case after a long legal battle that had kept him in jail for almost one year.  Our client came to the U.S. many years ago and had a green card through his mother.   He came to the U.S. when he was a small child, and does not even remember his home country.  However, he never became a citizen, and when he was 21, he had been convicted of a marijuana offense.  Marijuana is illegal and there are strict criminal penalties for selling marijuana.  Also, immigrants are often deported for marijuana crimes even though U.S. citizens may not even get jail time for some of these crimes.  Drug crimes usually make it impossible to avoid deportation.  There are only a few limited exceptions to this rule.  For example, someone who has been convicted of possessing (not selling) less than 30 grams of marijuana can apply for a waiver.  Some waiver cases are granted, but some are denied, so even if an immigrant is eligible to apply under this exception, the immigrant may not get a green card.  Also, other immigrants, like our client, who already had a green card for more than 7 years may be eligible to keep their green card if they have a conviction for possessing drugs by applying for what is called cancellation of removal.  However, any immigrant convicted of selling any type of drug is usually not legally eligible to apply for cancellation of removal. Our client was convicted of selling marijuana, and when he was first arrested by immigration officers, his family spoke with many lawyers who told him that there was nothing he could do and advised him to just accept a deportation order and be deported as soon as possible.  However, these lawyers were not aware of a rare exception under the law that allows certain immigrants who are convicted of selling marijuana to apply for cancellation of removal.  The exception is complicated and difficult to understand and is set forth in three different appeals court decisions.  The important thing to understand is that sometimes, there is an exception to a rule and lawyers are paid to know these exceptions.  If we did not know of this exception, our client might have just given up and been deported. Because the case was complicated, the Immigration Judge denied the case after our first trial, and we had to appeal to the Board of Immigration Appeals.  We knew this would take many more months, but our client has a wife and two step children that treat him as their father in the U.S., and he was willing to fight the case as long as it took.  After five months, the appeals court issued its decision which agreed with our arguments and overturned the deportation order.  The appeals court sent the file back to the Immigration Judge for a new decision and last week, the judge granted our client's cancellation of removal application, released our client from jail and gave him his green card back. While our client was convicted of selling drugs, he has turned his life around since then.  His conviction was when he was 21 years old and he has learned a lot since then.  He had completed his high school diploma, started taking college classes, and was a good father to his step-children.  Many Americans believe that all immigrants who commit crimes should be deported, but this case is a perfect example of how many immigrants deserve a second chance in life. We are confident that our client will prove to be a good man, a good husband, and a good father, and eventually a good citizen of the U.S.

USCIS Grants Waiver to Our Client of the K-1 Requirement that U.S. Citizen and Her Fiance Must Have Met In-Person At Least Once in the Two Years Prior to Filing

Getson & Schatz, P.C. provided immigration representation to a U.S. citizen who petitioned for her fiancé to obtain a K-1 nonimmigrant visa.  A K-1 nonimmigrant visa allows the fiancé of a U.S. citizen to come to the United States for the purpose getting married within 90 days of arrival.  To apply for a K-1 visa, a petitioner must file Form I-129F Petition for Alien Fiancé.   One of the eligibility requirements is that the citizen and the fiancé must have met in person at least one time within the two year period immediately preceding the  filing the petition.  There are two exceptions to this strict rule.  The first exception is that if the requirement to personally meet would infringe on the well-established traditions of customs of the fiancé’s culture, then a waiver of the requirement is available. The second exception is if the requirement to personally meet will result in extreme hardship to the U.S. citizen, then a waiver of the requirement is also available.  In the case that we handled the US Citizen was unable to personally meet the fiance because she was unable to fly on an airplane to leave the United States and we therefore submitted detailed evidence in support of the second exception.  Our client’s fiancé lived in Africa.  They met one another through Facebook.  Her fiancé applied for a U.S. visitor nonimmigrant visa to come to the United States to meet her, but it was denied.  Shortly after that, our client was in a very serious car accident that left ongoing injuries including a serious head injury that prevented her from traveling to Africa to meet him.  Her doctor determined that she was medically unable to fly to meet her fiancé because it would endanger her life.  They were thus in a situation where he could not come to the US to meet her because he was denied a visitor visa and she could not go to Africa to meet him because she was not able to fly.  After receiving our evidence, USCIS (United States Citizenship and Immigration Services) granted our client a waiver to the requirement to personally meet and approved the I-129F Petition.

I-601 Waiver of Grounds of Inadmissibility Approved for Client by Immigration Judge and Relief from Removal Proceedings Granted

We  represented a client in removal proceedings who had been deemed inadmissible under the Immigration and Nationality Act (INA).  “Inadmissibility” refers to a person’s ineligibility to receive a visa or to enter the United States.  The INA specifies many grounds of inadmissibility under Section 212.  Our client was inadmissible because he was convicted of a crime of moral turpitude.  Our immigration laws and regulations do not define exactly what a crime of moral turpitude is.  However, case-law generally refers to it as “conduct which is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general … it is the nature of the act itself and not the statutory prohibition of it which renders a crime one of moral turpitude.” This quote was taken from Matter of Franklin, 20 I&N Dec. 867, 868 (BIA 1994), aff’d, 72 F.3d 571 (8^th Cir. 1995). In this particular case, our client was convicted of counterfeiting goods, which is considered to be a crime of moral turpitude.  This crime made him inadmissible.  He had filed for a green card based upon a marriage to a US Citizen without the assistance of an attorney.  He was unaware that he needed to file an I-601 Waiver Application and following his interview he was only given 30 days to submit a Waiver Application.  He did not provide sufficient evidence to show his wife would suffer extreme hardship if he were removed from the U.S. and USCIS denied his Waiver Application and placed him into removal proceedings.  Furthermore, he was detained without the opportunity for bond because of his criminal grounds of inadmissibility.  We renewed his Form I-601 Application for Waiver of Grounds of Inadmissibility before the Immigration Judge under Section 212(h) of the Immigration & Nationality Act.  To be eligible for the 212(h) Waiver, a person must demonstrate extreme hardship that goes beyond the normal hardship faced by a US Citizen or Permanent Resident spouse of parent if the alien were removed from the United States.  Our firm submitted a detailed package including a report from a clinical psychologist establishing the extreme hardship that our client’s wife would face if he was removed back to his home country.  Following detailed courtroom testimony about the extreme hardship, the Immigration Judge granted the Waiver and also granted our client relief from removal proceedings and  adjusted his status to a permanent resident of the United States.

USCIS Approves I-130 for Step-Child of US Citizen After Conclusive DNA Maternity Test

Our firm provided immigration representation to a US Citizen client petitioning for his stepson to obtain a green card.  Our client had married the stepson’s biological mother.  To obtain a green card by petitioning for an alien relative, a familial relationship must be established by submitting evidence.   We submitted the child's birth certificate but USCIS requested DNA evidence to establish that our client's wife was in fact the biological mother of the child.  We contacted a USCIS approved clinical laboratory to conduct a DNA forensic test.  This test examined the likelihood that the client’s wife was the stepson’s biological mother.  The test results showed that the chance of maternity was 99.99%.  We submitted these results to USCIS and USCIS approved the petition.

USCIS Approves L-1A Intracompany Transfer Visa for Multinational Executive

We represent a U.S. company that specializes in manufacturing analytical analyzers that measure the size, shape, and count of particles.   The U.S. Company is a wholly owned subsidiary of a Japanese Company.  The U.S. Company wanted to hire on a temporary basis in the executive position of  Vice President of Global Sales a foreign national who was working in an executive capacity for the Japanese Company.  Our firm determined that the U.S. company should petition for the foreign national as an intracompany transferee in the L-1A Multinational Executive category.  The basic requirements for an L-1A visa are as follows:  the applicant must have been continuously employed abroad in an executive or managerial capacity for at least one year during the three years immediately preceding the filing of the application for a parent, affiliate, or subsidiary of the U.S. company, the applicant must be coming to the U.S. to be employed in an executive or managerial position, and the applicant must intend to leave the United States when the duration of the stay has ended.  We filed Form I-129 with L supplement along with  extensive documentation establishing each of the requirements listed above.  The documents we submitted included audit reports and tax returns for the U.S. Company, a detailed letter regarding the nature of the proposed executive position in the United States, as well as corporate documents and Board of Director’s resolutions to demonstrate the relationship between the U.S. company and the foreign company.  Additionally, we used premium processing, which means that USCIS (United States Citizenship and Immigration Services) must adjudicate the petition within 15 days.  Premium processing enabled us to receive a decision much quicker than filing under the normal procedures which enabled the foreign national to come to the U.S. to begin employment very quickly once the petition was approved.

USCIS Approval of U Nonimmigrant Visa for Client Who Was A Victim of Criminal Activity

Getson & Schatz, P.C. provided immigration representation to a client who was smuggled into the United States in a cargo container on a boat.  He was paroled into the United States after arriving at a U.S. Port of Entry.  The Immigration Service denied his application for asylum, and our client was then put into removal proceedings and ordered removed.  Our client never left the US and came to us to determine whether there was anything that could be done to help with his situation.  After speaking with him we determined that he may qualify for a U visa.   We filed Form I-192 Application for Advance Permission to Enter as a Nonimmigrant.  This form was required because our client was considered inadmissible since he came into the United States as a stowaway. Additionally, our firm submitted Form I-918 Petition for U Nonimmigrant Status. The U Nonimmigrant status is given to victims of qualifying criminal activities. The applicant must have suffered mental or physical abuse from being a victim of criminal activity. Only victims of certain crimes are eligible. Our client was approved for a U Nonimmigrant visa because he was a victim to a qualifying crime, he suffered mental and physical abuse because he was a victim of this crime, and he helped federal authorities with their case against the perpetrators of the criminal activity. We also filed Form I-918 Supplement B, demonstrating our client’s help with the federal authorities. Our firm then motioned to reopen and terminate the removal proceedings because United States Citizenship and Immigration Services (USCIS) had approved our client’s Form I-918 Petition for U Nonimmigrant Status.  The removal proceedings were reopened and terminated.  Our client now has a U nonimmigrant visa and will be able to apply for his green card in 3 years.

USCIS Approves Extension of H-1B Visa for Employee of Prominent Advertising Agency

Our firm provides immigration representation to a prominent advertising agency in Philadelphia, Pennsylvania.  Our client, the advertising agency, had been employing a nonimmigrant as a 3D Animator under in H-1B nonimmigrant status.  The advertising agency wanted to extend the employee’s H-1B nonimmigrant status which was expiring after an initial 3 year period.  Therefore, we filed Form ETA 9035 Labor Condition Application with the Department of Labor and thereafter filed I-129 Petition for a Nonimmigrant Worker, the H Classification Supplement to Form I-129, and Form I-129 H-1B Data Collection Supplement with United States Citizenship and Immigration Services (USCIS) to extend the H-1B employment without change for an additional 3 year period.  USCIS approved the extension of the 3D Animator’s H-1B nonimmigrant status.

USCIS Approves EB-2 National Interest Waiver Petition

Our client holds a Ph.D. degree in chemistry and made research accomplishments that had a degree of influence on the field as a whole of molecular mechanisms of diseases.  His research has contributed to many advances in the treatment of infectious diseases, malaria, and cancer.  Our client is employed as a postdoctoral scholar at a prominent university and we prepared and filed an EB-2 National Interest Waiver on his behalf based upon his research accomplishments.   A National Interest Waiver is an exemption from the job offer and labor certification requirements if the exemption would be in the national interest.  The three factors that must be shown to USCIS to receive an approval of a National Interest Waiver are: (1) whether the individual seeks to work in an area of substantial intrinsic merit, (2) whether the benefit of the alien’s proposed activity will be national in scope, and (3) whether the alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.  When applying for a National Interest Waiver, an applicant can self-petition, instead of having an employer file the petition.   We prepared and filed extensive documentation evidencing our client's past accomplishments and influence on his field of research including reference letters from independent and unbiased sources in his field of research, as well as his publications and media articles written about our client's scientific findings.  Our firm also wrote a detailed cover letter to USCIS describing how our client meets each of the three factors of the National Interest Waiver. USCIS approved the petition and our client thereafter filed for permanent resident status.

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