(215) 520-4000
info@getsonschatz.com
info@getsonschatz.com
Practice Areas
Immigration Law Success Stories
November 24, 2009
Our client received her green card through marriage to a U.S. Citizen. As they were separated less than one year after our client was admitted to the U.S. as a lawful permanent resident, the Immigration Service might have inquired regarding the marriage although our client had proof that the marriage was valid. We applied for our client's citizenship on the basis of five years of lawful permanent resident status, rather than three years of residence and marriage to a U.S. citizen and our client's N-400 application was approved at her interview in at the USCIS Office in Mount Laurel, New Jersey.
Yesterday, the USCIS approved the N-400, Application for Naturalization/Citizenship for our client, a scientific researcher at a major University, at his interview with the Immigration Service's Philadelphia District Office.
Clients' I-130 petition, by her U.S. Citizen spouse, and her I-485, green card application, were approved at their interview today at the USCIS Office in Mount Laurel, New Jersey.
Many immigration lawyers fail to provide necessary evidence required for the approval of their clients' petitions and green card applications. When all necessary evidence is provided with the initial filing of a U.S. Citizen's I-130 petition for his or her spouse and the I-485, green card application, the USCIS can approve the petition and the green card application at the interview and avoid any unnecessary delay.
H-1B petition was filed with the Vermont Service Center for one of the remaining FY-2010 cap numbers. Individual is working for Company in connection with F-1 Optional Practical Training Work Authorization valid through February 2010. Change of status from F-1 to H-1B was granted to begin the date after the expiration of the EAD card. The position was for a Biostatistician and the foreign national has a Master's Degree in Mechanical Engineering. Our Philadelphia Immigration Lawyers obtained an indpendent degree relevancy evaluation which was provided to USCIS to demonstrate that the coursework of the degree related to the job duties of the position. Mechanical engineering students take courses in advanced mathematics, in design of experiments, in analysis of experimental data and in statistics which are all used to perform the job duties of the Biostatistician position.
Chinese National with approved EB-1 Outstanding Researcher Petition filed for adjustment of status along with his wife and son. The green card applications were approved within 2 months of the date of filing.
November 13, 2009
H-1B extension approved for 3 year period through 14th year of H-1B status for foreign national who has an approved EB-3 I-140 Petition but is unable to adjust status due to visa backlogs. This was the second 3 year extension granted by United States Citizenship and Immigration Services because the priority date of the certified labor certification application that was the basis of the approved I-140 Petition is not current.
November 11, 2009
Our client from Albania was originally granted asylum in 2001 based on his persecution due to his membership in Albania's Democratic Party. Our client had suffered severe beatings and head trauma as evidenced by multiple large scars and indentations clearly visible . However, the Immigration Service appealed to the Board of Immigration Appeals, arguing that our client was not a credible witness.
The Board of Immigration Appeals remanded our client's case to the Immigration Court and the Judge scheduled a new trial at which we presented multiple pieces of new evidence, including statements from high ranking officials in Albania's Democratic Party. The Immigration Judge granted our client's application for asylum a second time, and for a second time, the Government appealed to the Board of Immigration Appeals.
Eventually, the Government decided to withdraw its appeal, and the Board of Immigration Appeals recently remanded our client's case to the Immigration Court for a final grant of asylum. He will receive his final grant of asylum in the Immigration Court at a hearing next week, and after more than a decade of fighting for his right to stay in the U.S., he is looking forward to applying for his green card, and eventually for U.S. citizenzhip.
Form N-336 requests for rehearing of USCIS denials of citizenship applications are rarely approved. Our client's N-400 Application for Citizenship was originally denied because his previous immigration lawyer entered an ITIN, or Individual Taxpayer Identification Number, on his Form I-485 Application for a Green Card/Adjustment of Status where he was supposed to enter his Social Security Number. At the time, he did not have a Social Security Number because he had no work authorization. Our client had entered the U.S. from Mexico in 1993 and had never had work authorization until he filed his green card application many years later.
The Immigration Service in Philadelphia determined that our client had committed fraud in entering an ITIN as his Social Security Number and denied his N-400 Application for Citizenship. We promptly filed a Form I-336, which is used to appeal denials of citizenship applications. In our appeal, we argued that our client had committed no fraud as he had no intent to mislead the Immigration Service and that even if he had made a misrepresentation, that it was not a "material misrepresentation" under the law as he was not required to have a Social Security Number at the time he applied for his green card through his approved employment based labor petition. Our client's green card application was based on INA Section 245(i), a law designed to forgive both illegal employment and entry without inspection.
The Immigration Officer who adjudicated our N-336 appeal agreed that our client could not be found to have committed fraud under the Immigration and Nationality Act and granted his Form N-336 and his N-400, Application for Citizenship.
November 10, 2009
Adjustment of Status Application approved for individual who entered the U.S. on K-1 fiancee visa, married within 90 days of entry to the U.S., and filed for adjustment of status. Case was handled by our immigration lawyers in Philadelphia, Pennsylvania for couple residing in Wilmington, Delaware.
November 2, 2009
Green Card approved based upon marriage to U.S. Citizen for individual who initially entered the United States in B-2 status, changed to R-1 status, and overstayed. We prepared applicant and spouse for the USCIS interview and accompanied them to the USCIS interview in Philadelphia, PA.
Contact Us
Archives
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
Categories
Asylum Applications (2)
Deportation Defense & Immigration Court Appeals (9)
Extraordinary Ability Aliens (5)
H-1B Specialty Occupation Visas (21)
K-1 Fiance(e) Visas (1)
L-1 Intracompany Transfer Visas (1)
Marriage & Family Sponsored Green Card Applications (30)
National Interest Waiver Petitions (6)
Naturalization/Citizenship (6)
Outstanding Researchers & Professors (7)
PERM Labor Certification (11)
TN Status under the NAFTA (1)
Uncategorized (13)
