Case Victories

Client had been arrested and convicted of 5 intoxication related crimes (DWI, Public Intoxication, etc.). Attorney Noaman filed the adjustment of status application for him and his wife, based on § 245(i). USCIS requested evidence from a medical doctor that he was no longer an alcoholic, since alcohol abuse can be classified as a “mental disorder,” and when coupled with harmful behavior, it can make the applicant inadmissible. With Attorney Noaman’s help, client was able to get this confirmation, and prove that client had been rehabilitated. USCIS ultimately approved this case.

In August of 2007, our client secured an approved I-140 and filed for permanent residency for herself and her husband. Her visa category subsequently retrogressed. In January of 2011, our client ported companies under the AC21 portability provisions. One month later, the Texas Service Center erroneously issued denials of our client and her spouse’s applications for permanent residency on the basis that the original I-140 had been recently withdrawn, despite AC21 preventing the withdrawal. Attorney Furqan argued on appeal that an adjustment of status application (I-485) based on a petition (EB-1 to EB-3) that is pending more than 180 days “shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.” INA §204(j). AC21 §106(c); AFM at 202(c). Our client satisfied the AC21 guidelines and was the beneficiary of an I-140 petition which had been approved and her I-485 was pending for well over 180 days, due to lack of visa availability. The Administrative Appeals Office agreed with the arguments Attorney Furqan made and granted the appeal, and on October 18, 2011, USCIS issued our client’s their permanent residency cards.

Our client was ranked 23rd in the world in the field of professional saddle-bronc riding. Our client qualified for the O-1 visa category, having been recognized on the national and international stage through many major print and media outlets, substantial prize money earnings, professional accomplishments/championships, as well as having been a member of professional organizations. Our client has been competing in professional rodeos since 2006 and has been ranked as one of the top Saddle-Bronc riders in the world for many years, having won multiple major championships. On September 12, 2011, Attorney Noaman filed his application for O-1 status as an alien of extraordinary ability in the athletics pursuant to INA §101(a)(15)(O)(I), based on the wealth of documentation that had been written about our client, the prize money he has earned, and the many championships he has won. Attorney Noaman argued that our client’s talents will benefit the U.S. prospectively because his gifted athletic ability will naturally raise the level of competition in his sport. Furthermore, his participation will also undoubtedly draw greater spectators and crowds to the professional competitions he competes in thereby benefiting the U.S. economy. Although USCIS recently changed their guidelines for approving O-1 application, making it increasingly difficult for professional athletes and performers to come to the United States in O-1 status, Attorney Noaman earned an approval on our client’s case. As a result, our client could continue competing professional in the U.S. for the next 3 years.

Our client had his SEVIS terminated following his failure to register for 12 semester hours. His failure to register for 12 semester hours, however, was a result of being involved in a serious car accident. Following the car accident, our client had to undergo physical therapy for almost 2 months to correct injuries he sustained to his right hand and back. Attorney Furqan argued that our client’s failure to register for the requisite 12 semester hours was a result of “technical” reasons by virtue of his medical condition. INA § 245(c)(2); 8 C.F.R. § 1245.1(d)(ii). He further argued that the circumstances that prevented our client from satisfying the terms of his F-1 status were exceptional and also provided considerable documentation that our client provided to the firm to support the request for reinstatement.

Attorney Noaman filed client’s application for permanent residency under INA §245(a), having entered the United States on a K-3 Spousal Visa. The application was submitted with considerable evidence of the legitimacy of the marriage, including their 3 year-old son’s birth certificate. A standard interview was conducted in connection with the application for permanent residency. During the interview, the immigration officer revealed that the I-130 application that had been filed more than 5 years ago was denied due to abandonment. This information was unknown to the client and to Attorney Noaman, who accompanied the client to their interview. Attorney Noaman explained to the officer that the approved I-130 application was not necessary to enter the United States on a spousal visa since the I-129F petition was approved and served as the underlying basis to enter the United States. While the immigration officer agreed, she maintained that she could not adjust our client’s status to lawful permanent resident without the approved I-130. After a lengthy discussion between Attorney Noaman and the immigration officer, the immigration officer agreed to seek approval of the denied I-130 from the Dallas Field Office Director. The Dallas Field Office Director agreed to re-open the previously denied I-130 petition, sua sponte, and then approve the application, allowing our client to become a permanent resident.

Attorney Furqan filed an N-400 and N-648 Medical Disability Waiver, as our client had been diagnosed with “Liposarcoma of the Neck,” which resulted in a total resection of the Liposarcoma, followed by radiation therapy. Following the surgery and radiation, our client had his larynx removed, rendering him unable to speak. In order to help our client swallow and eat, he had a tube surgically put in his throat. Attorney Furqan successfully argued that his severe medical conditions prevented him from learning the English language and memorizing the civics questions pursuant to INA §312(b)(1).

Our client had previously maintained O-1 status for 5 years while competing professionally in the Professional Rodeo Cowboys Association (PRCA) as a saddle-bronc Rider. Attorney Noaman filed our client’s I-140 and I-485 petition in the EB-1A category. Attorney Noaman argued that our client had received national and internationally recognized prizes for excellence in his field. As a professional athlete, he is a member in an association which requires outstanding achievement of their members, he is regularly covered in major trade publications and major media outlets, and he has earned substantial prize money in his budding career. Further, our client had previously been ranked as the top saddle-bronc rider in Australia and won the 2003 World Rookie Saddle Bronc Rider title, before coming to the United States to compete in the PRCA. He maintained a top 30 world ranking in his first few years of competition in the PRCA, but the previous year he vaulted into the top 10 in the world, qualifying for the year-end National Rodeo Finals. He continued his strong performance and maintained his top 10 world ranking by winning multiple championships. He aimed to compete in the National Rodeo Finals again, and possibly win a World Championship.

Our client, a citizen of Portugal and a Mathematics professor, had been maintaining her H-1B status, but wanted to bypass the labor certification process necessary to secure a green card by pursing a National Interest Waiver. She had obtained her B.S. in chemical engineering, M.S. in mathematics, and Ph.D. in mathematics. Attorney Furqan argued that our client’s presence in the U.S. is in the national interest, specifically her work in applied mathematics, and research in influenza and dynamics of carbon in ecosystems, will help in the areas of infectious diseases, public health, mathematical disease modeling and ecological science. 8 C.FR 204.5(k)(4)(ii). Attorney Furqan further argued that our client was seeking employment in an area that has substantial intrinsic merit, the proposed benefit our client will provide will be national in scope, and that the national interest would be adversely affected if the employer were required to proceed with the labor certification process.

Our client, a citizen of Colombia and an Electrical Engineering professor, had been maintaining H-1B status but wanted to bypass the labor certification process necessary to secure a green card by pursing a National Interest Waiver. Our client was working as a Research Associate at Yale University in the field of electronic material and devices after having obtained his B.S., M.S., and Ph.D. degrees from Notre Dame in electrical engineering. Attorney Furqan argued that our client’s presence in the U.S. is in the national interest, specifically his work in solar power technology, solar cell electronics and semiconductor research will help in areas of telecommunications and electronics displays and also create more efficient solid state lighting and solar cells, which generate more renewable energy. 8 C.FR 204.5(k)(4)(ii). Attorney Furqan further argued that our client was seeking employment in an area that has substantial intrinsic merit, the proposed benefit our client would provide will be national in scope, and that the national interest would be adversely affected if the employer were required to proceed with the labor certification process. The NIW was subsequently approved, and client and his wife applied for permanent residency. Although they were living apart at the time, due to employment reasons, evidence was submitted that they intended to continue to live together as a married couple, and so USCIS approved their green card applications.

Our client, a citizen of Thailand and an Engineer, was maintaining H-1B status but wanted to bypass the labor certification process necessary to secure a green card by pursing a National Interest Waiver. Attorney Furqan argued that our client’s presence in the U.S. is in the national interest, specifically his work and research in developing software and hardware to support the Amber and Silver Alert national programs was in the national interest. 8 C.FR 204.5(k)(4)(ii). Attorney Furqan further argued that our client was seeking employment in an area that has substantial intrinsic merit, the proposed benefit our client will provide will be national in scope, and that the national interest would be adversely affected if the employer were required to proceed with the labor certification process.

Our client initially filed an application for permanent residency on January 01, 2007. Later that year our client was interviewed for permanent residency, but no decision was made on his case. After waiting 4 years, he consulted with and hired the attorneys at Azhar & Azhar law firm and was advised to pursue a writ of mandamus action. Attorney Noaman filed a lawsuit in federal court against the Attorney General of the U.S., the Department of Homeland Security, the FBI, and USCIS as a result of the agency’s failure to adjudicate our client’s application for permanent residency. USCIS then granted our client a second interview in order to make a final decision on his application for permanent residency, which was approved.

Our client, a management consultant, arrived in the U.S. as a visitor in 2010, after being waived in at the port of entry in Illinois. Eventually our client married a U.S. citizen, a college professor at a local Dallas University, and sought permanent residency based on that marriage. Attorney Noaman filed the adjustment of status application and USCIS did not object to the granting of the application, despite no evidence of legal entry existing. 8 CFR § 212.1(a)(1).

Our client, a Yemeni national, entered the US in the 1980's on a J-1 visa which was subject to the 212(e) 2-year home residency requirement. He did not fulfill the requirement, and instead re-entered the US in H-1B status. His employer filed an I-140 for him, which was approved, and when our client filed for adjustment of status, both his and his wife's cases were denied based on having not fulfilled the 212(e) 2-year home residency requirement. Client then filed a waiver of the 2-year home residency requirement based on the hardship that his 5 US citizen children would face if he had to return to Yemen. USCIS denied the waiver, and so client came to us to file the appeal. Sunny filed the appeal and submitted additional evidence of the country conditions of Yemen, but more importantly, a psychological report from our client's son, who had experienced a traumatic incident when having last visited Yemen. Had client's waiver been denied, client's son would have had to return to Yemen, and so USCIS found this evidence compelling enough to reverse USCIS's denial and approve the J-1 waiver based on hardship. The US State Department agreed, and so client's green card applications have since been approved.

Our client was admitted to the U.S. as a permanent resident, but after having been admitted as a permanent resident, he was convicted of drug possession and assault with a deadly weapon. As a result, our client was placed in removal proceedings and was not eligible for a bond. Attorney Furqan was able to coordinate our client’s marriage to his now U.S. citizen wife, and with proof that they had a child together, USCIS approved the I-130, which allowed our client to seek permanent residency in court with a 212(h) waiver. At the trial, evidence was submitted and testimony was heard regarding the level of hardship that our client’s wife and child would face in his absence. Though the government fought the case, the judge approved it having been convinced that our client was sufficiently rehabilitated and remorseful. The government waived appeal and so our client was released.

Our client, a citizen of Mexico, has been operating a commercial cleaning business in San Antonio, Texas for many years. Unfortunately, our client’s business was not producing profits on their business tax returns for almost 2 years as a result of the economic downturn following the recession. As a result, USCIS sent a request for evidence (RFE) stating the company was not producing more than marginal profits, a requirement for an E-2 approval. In response to the RFE, Attorney Furqan was able to demonstrate through other financial methods that the company was viable, employing multiple U.S. workers, and still generating more than just marginal revenue. USCIS then approved the E-2 extension.

Attorney Farah represented our client in an adoption case in which the adoptive parent sought to gain legal custody of her minor niece. Although these types of cases are generally discouraged by the courts, the family court judge in Dallas approved the adoption upon a showing that our client took care of the child since her childhood, both emotionally and physically. The adoption also allowed the child to become a permanent resident, since she was now considered a “child” for immigration purposes.