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info@getsonschatz.com
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Immigration Law Success Stories
December 27, 2010
Prior to retaining our law firm, our client had field an I-129F Petition for Alien Fiancee without the assistance of an attorney. When our client's fiancee went to her interview at the U.S. Embassy to apply for a fiancee visa, her visa application was denied on the basis that she failed to establish she had a relationship with our client and intended to marry him. Following the denial, our client came to our law firm for assistance. We recommended that our client travel to his fiancee's home country, marry her, and then return to the United States and file an I-130 Petition for Alien Relative on her behalf. Our client followed our advice and after his marriage we filed an I-130 Petition on behalf of his spouse, providing substantial documentation of the marriage and explaining that the denial of the fiancee visa by the U.S. Embassy had been in error. The I-130 Petition was approved by USCIS and we are now processing the documentation with the National Visa Center for the scheduling of an immigrant visa application on behalf of our client's spouse.
October 1, 2010
A client came to our immigration law office in Philadelphia, PA for a consultation and brought a Notice of Intent to Deny (NOID) from United States Citizenship and Immigration Services (USCIS) issued in connection to an I-485 Adjustment of Status Application. The client had filed an I-485 application as a derivative spouse of an employment based adjustment of status applicant. The principal applicant received the green card but the derivative spouse was issued the NOID. The basis of the NOID was that the derivative spouse had failed to properly extend H-4 status and had been unlawfully present in the United States for more than 6 months but less than 1 year between the expiration of her authorized stay in H-4 status and the date of filing of the adjustment of status application, and had used an advance parole to travel outside the United States in connection with her I-485 application rendering her subject to a 3 year bard from admission to the United States for unlawful presence and departure. Our client presented us evidence that she had in fact properly extended her H-4 status which had been overlooked by USCIS. In order to cover every angle of the case we argued to USCIS that our client had never been unlawfully present in the United States meaning the NOID had been issued in error and we also filed Form I-601 with evidence that her husband who was now a permanent resident would suffer extreme hardship if she were deported from the United States as they have a son with a severe disability. Their son requires medical care that is only available in the United States and requires special care that the husband could not provide and still be able to work to support his family. Following the response to the NOID prepared by our law firm our client received her green card.
September 20, 2010
A client sought legal advice from our attorneys after he had filed a green card application with another lawyer on the basis of his marriage to a Untied States Citizen that was denied because the client had a criminal conviction that rendered him inadmissible to the United States and a Form I-601 filed by the other lawyer was denied for failure to establish that his wife would suffer extreme hardship if he were deported from the United States. We advised our client to inquire whether or not he may be able to receive a pardon from the Governor of his State for the criminal conviction which would remove the criminal conviction ground of inadmissibility. Our client was granted a pardon and we re-filed his green card application based upon his bona fide marriage informing the Immigration Service that he had been granted a pardon. Since the pardon had eliminated all grounds for his inadmissibility to the United States his green card application was approved.
September 10, 2010
Our Philadelphia Immigration Lawyers filed a FY-2011 H-1B cap case for a start-up company that develops website software for managing contact information, events and marketing data. The H-1B petition was for the position of Programmer which involved designing and building web-based applications. Start-up companies that file H-1B petitions must demonstrate to United States Citizenship and Immigration Services that there is a bona fide non-speculative job offer. In support of the petition our law firm explained the business of the employer, the need for the employer to hire a programmer, and provided evidence regarding the viability of the employer's business and its finances. The H-1B Petition was approved.
July 23, 2010
June 29, 2010
An I-130 Petition of a U.S. Citizen sponsoring a spouse based upon a marriage that occurred while the spouse was in removal proceedings can only be approved if the Petitioner requests an exemption from the bar on approval of a marriage during proceedings and the spouse can establish by clear and convincing evidence that the marriage was entered in good faith, was not for immigration purposes, and was not connected with the payment of anything but a lawyer's fee. To apply for the exemption we submitted with the I-130 petition package a written explanation of the circumstances of the marriage and as much evidence as possible concerning the good-faith entry into the marriage. Our clients were interviewed at the USCIS Philadelphia District Office and were separated during the course of the interview. The Immigration Officer asked the husband questions and then asked the wife the same questions. Since our clients are in fact in a bona fide marriage they answered the questions accurately and successfully established the good faith nature of their marriage. The I-130 Petition was approved and we will notify the Immigration Judge of the approval at the next Master Calendar Hearing enabling our client to apply for relief from removal proceedings in the form of adjustment of status.
We successfully filed an I-130 Relative Petition for an unamarried child over 21 of a US Permanent Resident who is currently residing overseas. We are monitoring the priority date and when it is current will proceed with filing the appopriate visa fees and documentation with the National Visa Center. We have advised the Beneficiary of the Petition not to marry unless and until the US Permanent Resident parent would become a US Citizen as marrying while the parent is a US Permanent Resident would invalidate the approved I-130 Petition.
We prepared a letter for our client to take to the U.S.-Canadian Border to apply for TN status in the computer systems analyst classification. The employer sponsor was one of the largest hospitals in the State of New Jersey. The position involved implementing the financial modules of Lawson S3 software to enable computer technology to meet the financial processing needs of the employer and help them achieve maximum benefit from their investment in equipment, personnel, and business processes. Our client advised us that due to the comprehensive nature of the employer letter we prepared he was granted TN status in "approximately 10 minutes".
Our client, an Indian National, has an approved I-140 Petition based upon a certified Labor Certification Application in the EB-3 category. Due to the current visa backlogs, our lawyers filed an H-1B petition requesting an extension of status for a 3 year period. The extension petition was granted by USCIS.
Our immigration attorneys in Philadelphia filed a N-400 Application for Naturalization for an individual who had previously been ordered deported from the United States, re-entered the United States under false pretenses and had been granted permanent resident status via a Form I-601 Waiver based upon a showing of extreme hardship to his U.S. Citizen spouse. The prior immigration history was thoroughly disclosed an the N-400 Application was approved.
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Categories
Asylum Applications (6)
Deportation Defense & Immigration Court Appeals (21)
Extraordinary Ability Aliens (9)
F-1 Student Visas (1)
H-1B Specialty Occupation Visas (41)
K-1 Fiance(e) Visas (4)
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