- July 26, 2011 – Green Card Approved for Canadian National Despite No Proof of Inspection
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 US citizen, a college professor at a local Dallas University, and sought permanent residency based on that marriage. Noaman filed the adjustment of status application and USCIS did not object to the granting of the application, despite that no evidence of legal entry existed. 8 CFR § 212.1(a)(1).
- July 19, 2011 – Permanent Residency Approved in Court, Despite 3 Criminal Convictions
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.
Sunny was able to coordinate our client's marriage to his now US 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.
- July 19, 2011 – Permanent Residency Approved After Initial J-1 Waiver Denial
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.
- June 25, 2011 – E-2 (Investor Visa) Extension Approved
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, Sunny 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.
- March 31, 2011 – Adoption Approved for Nepali Citizen
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 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.