Case Victories

Our client, a Mexican citizen, was approved as a Chemical Engineer to work for a hotel management company in Grapevine, TX. USCIS approved the case so that she could work on the mineral rights of land that the employer owns or was looking to purchase.

Our client, a Canadian citizen, was approved as a Soil Scientist for a livestock insurance company in San Antonio, TX. The TN1 was approved at the port of entry.

Our client, a citizen of Iran, had came to the US as a B-2 visitor. He and his wife applied for asylum based on their membership in the Bahai faith tradition. After their interview at the Houston Asylum Office, their case was finally approved (7 years after filing).

Our client, a citizen of India, had distinguished himself in his career as a scientist, scholar, professor, clinician and leader in the field of kidney/pancreas disease and kidney/pancreas transplantation. Our client’s work had substantial intrinsic merit to the regional and national interest of the United States in clinical-practice/healthcare regarding kidney-disease detection and recognition, medical-prescription (procedurally-trained in CRRT), management, and long-term optimization. USICS approved the NIW in premium processing.

Our client, an Indian national and the spouse of an L-1A visa holder, overstayed her L-2 status by 6 weeks. She was under the mistaken belief that her spouse’s L-1A approval automatically extended her L-2. We filed her L-2S extension as a nunc pro tunc application, and USCIS approved the case in 4 months.

Our client had entered the U.S. on an H-4 visa and applied for asylum based on her fear of returning to Pakistan. Our client belonged to a prominent Shia Muslim family that had been targeted by Sunni extremist groups, such as Sipah-e-Sahaba Pakistan (“SSP”), and the local government was unwilling to protect them. Attorney Furqan had an expert witness testify in court that our client’s claim had merit and was consistent with the country conditions of Pakistan. The government attorney and judge then agreed to grant our client Withholding of Removal under the Convention Against Torture.

The US Embassy in Islamabad denied our client’s request to include her 25-year old son as a dependent child on their green card application. They claimed that the principal applicant did not “seek to acquire” the son’s visa within 1 year of the priority date becoming current. Our office argued that according to Policy Memorandum PM-602-0097 (April 15, 2015), she met the requirements of a medical exception. After involving the State Department’s Legal Net Division, the US Embassy in Islamabad eventually approved the green card for the son.

Our client, a citizen of Iran, is an expert in Periodontology and Pediatrics. More particularly, she is an expert in soft and hard tissue laser surgeries, lower-level laser therapies (LLLT), and the use of different types of lasers (e.g., Diode, ER-YAG, CO2, etc.). USCIS approved her O-1A having found that she was an alien of outstanding ability.

Our client, a citizen of Saudi Arabia, had distinguished himself in his career as a scientist, scholar, professor, clinician and leader in the field of kidney/pancreas disease and kidney/pancreas transplantation. His work has substantial intrinsic merit to the regional and national interest of the United States in clinical-practice/healthcare regarding kidney-disease detection and recognition, medical-prescription (procedurally-trained in CRRT), management, and long-term optimization. USCIS approved his I-140 NIW petition in premium processing.

Our client was a law firm based out of Chicago, IL. They required the part time services of a Graphic Designer, someone who was already working for them on OPT. The beneficiary, a citizen of China, had a bachelor’s degree in Fine Arts and a master’s degree in Fine Arts with a concentration in Studio and Visual Communication Design. After issuing an RFE, USCIS approved the H-1B cap case.

Our client, a citizen of Morocco, was on an F-1 visa. She was under the impression that her husband’s school changed her status to F-2, and then realized later she needed to file an I-539 in order to do that. Although she was out of status for over 8 months, our office filed the I-539 nunc pro tunc (“NPT) application for her, and USCIS approved it.

Our client, a citizen of Mexico, possessed a bachelor’s degree in International Relations. The degree, on its face, did not qualify the her for a TN occupation. However, the attorneys at Azhar & Azhar Law Firm obtained a foreign education evaluation that concluded, based on her course-by-course evaluation, that she had a concentration in Economics, and therefore qualified for a TN visa. After overcoming an RFE, USCIS approved the case.

Our client, a citizen of Argentina, worked in the field of perinatal health and COVID-19 research. His research is essential for understanding the possibility to prevent lifelong diseases by treating infections that affect the baby in the womb during gestation. Through our client’s research, he was able to identify risk factors that place babies at a higher risk of being re-admitted to the hospital for severe respiratory infection and dying. Our client was also able to modulate immune response to SARS-CoV-2, such as plasma therapy and biologic events like gestation. It allowed for an understanding of how early interventions during the disease process of vulnerable patients can save lives. Before his work, much of the effort towards therapies against COVID-19 were focused on the final stages of the disease, when patients were extremely sick and dying. His findings showed that, if the immune system is supported with high titer plasma from recovered patients, older adults had improved survival. USCIS approved the NIW petition without an RFE.

Our client was a Palestinian refugee residing in Syria, and as a Palestinian national, she was a vulnerable target for government discrimination if she were to return to Syria. Since her husband was an asylee from Syria, he could not join her in Syria since he was also a target of the Syrian government. The attorneys at Azhar & Azhar Law Firm argued that her fear of governmental persecution, combined with the exceptional hardship that her family in the US would face should she be forced to depart the US, necessitated the approval of the J-1 waiver application. The DOS approved the DS-3035 and USCIS subsequently approved the I-612.

Our client was a Jordanian national and a foreign medical graduate. He had entered on a J-1 visa in order to complete his medical residency. He then completed 3.5 years of work in an underserved area before moving to another state. After having moved, he continued to serve patients, but his office was not located in a medically underserved area. His attorney advised him that, as a result, his I-485 would likely be denied. Client then hired Azhar & Azhar Law Firm to represent him on the I-485J. Attorney Furqan argued to USCIS that although his client had not worked in a medically underserved area, the majority of his patients were originally from medically underserved areas. USCIS agreed and approved the I-485J and I-485 applications.

Our client’s E-2 was approved for a Persian restaurant, just prior to the spread of Covid. The economic impacts of Covid were devastating to the success of the business, and as a result, our client was not able to hire any employees or generate significant net income. Attorney Furqan was hired to file the E-2 extension, and argued that although the E-2 enterprise was marginal, the financial and employee forecast indicated that the business was trending upwardly. USCIS issued an RFE, but ultimately approved the E-2 extension for two additional years.

Our client was a scientist with extraordinary ability in the field of biomedical optics, particularly in the field of biophysics involving the extensive use of fluorescence-based laser spectroscopy, optical microscopy ultrafast laser spectroscopy and microscopy. He achieved both national and international acclaim for his groundbreaking and innovative research as he has made several original contributions of major significance to his field. USCIS approved the I-140 without an RFE.

Attorney Furqan Sunny Azhar filed an EB-1B for a Chinese National with expertise in molecular biology and genetics. An “Editorial Board Member” for several journals, the applicant also had over 17 publications in peer-reviewed internationally recognized journal articles. Ultimately, the applicant had established to the satisfaction of USCIS at that he was an outstanding research and professor.

Our client, a Russian national, had entered the US as a visitor, but because she was over 80 years old and had no family in Russia, she overstayed her B-2 status. ICE placed her in deportation proceedings, but attorney Furqan Sunny Azhar filed a request with ICE for prosecutorial discretion. He argued that she was not an enforcement priority and that she had several positive factors in her case. ICE agreed to terminate her court case.

Our client, a citizen of India, has relied on the poor advice of the company attorney for her husband’s employer, which resulted in her H-4 lapsing. 2 years later, they hired our office to file an I-539 H-4 application, NPT, and USCIS approved the case without an RFE.

Our client, a citizen of India, had been waiting for his EB-2 PD to become current, in order to file his adjustment of status application. Our office filed his Schedule A I-140 as a Physical Therapist, and the I-140 was approved under Premium Processing. We ported his PD from his EB-2 I-140 with a different employer, thus paving the way for his I-485 application.

Our client, a citizen of Ukraine, was approved for an I-140 NIW petition, without an RFE. She has expertise in Biochemistry, Chemical Biology, Bacterial Genetics, Membrane Proteins, Multi-Drug Efflux Pumps, Multi-Drug Resistance, Efflux Pumps Inhibitors, Drug Discovery, Protein-Drug and Protein-Protein Interactions, Protein Functions, Biochemistry of Cancer, Antioxidant and Anticancer Properties of Compounds.

Our client is a citizen of Jordan. He entered the US on an B-1 visa, and we filed his change of status to E-2. His business was a retail shop, but he also purchased CBD products. USCIS questioned whether he had a license to buy/sell CBP products, and whether the CBP products conformed to TX state law. After an RFE and NOID, USCIS approved the case for 2 years.

Our client, an Indian national, had her OPT application denied because her international student office did not provide her an I-20 in time. She appealed that decision, but it was denied and she was out of status. Thereafter, we filed an F-1 reinstatement request and argued that her failure to maintain her status was due to exceptional circumstances beyond her control, and that if her F-1 status were to be denied, she would experience extreme hardship. After USCIS issued an RFE, the case was approved.

Our client did not register for TPS when the program opened, but she was able to maintain her non-immigrant status since then. Her most recent entry was on parole, making her TPS application even more tenuous. However, USCIS approved the late filed TPS application nonetheless, without an RFE.

Our client, a citizen of Brazil, was in the U.S. on a J-1 visa. Attorney Furqan Sunny Azhar filed his NIW petition on the basis that his work was in the national interest. He argued that our client’s research in the sources of emissions and the risk of human exposure was particularly important for front-line healthcare workers. USCIS approved the I-140 NIW petition, thus paving the path for his permanent residency application.

Our client, a citizen of Afghanistan, had filed an affirmative I-589 asylum application. USCIS denied that application and stated in their denial decision that the client had not adequately proven that he had been the victim of past persecution. Now married to a US citizen, our client filed an I-612 and again argued that he met the requirements of a persecution waiver. After an RFE, USCIS approved the I-612, thus paving the path for permanent residency based on his married to a US citizen.

Our clients, citizens of Pakistan, were the beneficiaries of an I-140 petition. However, USCIS issued a notice of intent to deny the I-140, because the employment information did not match the DS-160 information. Rather than risk a denial based on a fraud finding, the attorneys at A&A withdrew the I-140, then filed a new PERM for the spouse. That new PERM was certified, and the I-140 was approved. Therefore, the beneficiaries were ultimately able to adjust their status to permanent residency.

Our client, a citizen of Pakistan, married a Moroccan national, and the I-130 spousal petition was approved. However, the US Embassy in Morocco denied his spouse’s I-551 visa because they were not convinced that after the proxy marriage our client had visited his spouse, face to face. They then sent the case back to USCIS, who later denied the petition. After the denial, the attorneys at A&A were hired to re-file the I-130 with a wealth of additional evidence that they had met in person, and USCIS approved the I-130 and sent the case back to the US Embassy in Morocco for a new interview.

Client filed an H-1B for their employee under the Master’s cap. USCIS approved the H-1B, but after having filed a renewal, USCIS determined that the school where the employee graduated from was not accredited. Therefore, USCIS issued a Notice of Intent to Revoke. Meanwhile, the employer filed a new cap subject H-1B, and was selected in the random lottery. Attorney Furqan Azhar filed an H-1B extension using SOC code 15-1199 and an Oct. 1 start date, before USCIS could revoke the previous H-1B. USCIS approved the H-1B with an I-797A, allowing the employee to stay in the U.S. in H-1B status, with a new bachelor’s cap subject H-1B, despite the likely eventual revocation of the original H-1B.

Our client is a national of Syria with approved TPS. His last entry into the United States was on TPS parole. Despite that he was not “admitted” to the U.S. with a valid visa, USCIS approved his I-485 application under INA 245(k).

Our client was a health clinic that was affiliated with educational institutions. We were hired to file a cap exempt H-1B for one of the dentists that they desired to hire for the health clinic. Attorney Furqan submitted evidence that the beneficiary would be employed at a qualifying cap exempt institution, organization, or entity pursuant to 8 CFR §214.2(h)(8)(ii)(F)(4). He provided evidence that the health clinic contributed to the research and educational mission of several of the institutions of higher education that they were contracted and affiliated with, and with whom they have an active working relationship. They did this by providing locations for the university students to complete their clinical rotations that were required for their education, and this furthered both the client’s mission, and the mission of the institutions. Thus, there was a logical nexus between one of the fundamental activities of the health clinic, which included providing practical health education, and the academic mission of the institutions of higher education, which is to adequately prepare students for a productive life and a successful career.

A local furniture company hired Azhar & Azhar Law Firm to file a cap-subject H-1B application for their employee, a Financial Analyst. After the H-1B application was selected in the H-1B lottery, an RFE was sent and attorney Furqan Sunny Azhar responded to it. USCIS denied the application stating that the proffered position did not qualify as a specialty occupation. Attorney Furqan filed the I-290B appeal, where Attorney Furqan argued that the position is more unique and complex than other similar positions, and the knowledge required to perform the duties is associated with the attainment of a bachelor’s or higher degree in a specific specialty. The Administrative Appeals Office (AAO) agreed that the position did qualify as a specialty occupation and the beneficiary was qualified for the job. They sustained the appeal and USCIS approved the case.

Our client, a citizen of Mexico, is married to a US citizen. He was arrested for “Possession of Cocaine” and had hired an attorney to file his application for permanent residency, though he was not eligible to do so. That application landed him in deportation proceedings. Attorney Furqan Azhar was able to coordinate the help of a criminal attorney to reopen client’s criminal case (under “Padilla”) and have the case reduced to an offense that was not related to a controlled substance. That allowed our client to visa process through the US Embassy in Juarez, Mexico. Attorney Noaman Azhar prepared his I-601 waiver, in which he argued that without client’s presence in the U.S., his wife and children would suffer “extreme hardship.” Attorney Noaman argued that client’s wife’s medical conditions of depression and anxiety, including his relationship with his child and step-children, all contributed to the hardship. USCIS approved the I-601 allowing client to seek a green card visa.

Our client was recently laid off by his H-1B employer, but found a new employer willing to file his O-1A. We prepared the O-1A and argued that he was an alien of extraordinary ability in the field of Biomedical Optics. USCIS approved the application without an RFE.

USCIS denied client’s H-1B application based on the absence of a service agreement between the vendor and client. Client hired Azhar & Azhar Law Firm to file the I-290B appeal. Attorney Furqan argued that the petitioner was still able to exercise the right of control over the beneficiary. USCIS decided to reverse their own decision on their own motion, rather than forward the appeal to the Administrative Appeals Office (AAO), and issued an I-797A approval notice.

Client had an EB-2 I-140 with a 2012 priority date, but rather than wait until his priority date became current, he returned to India and served as a Project Manager. After 1 year, Attorney Furqan filed his L-1A application, and later his EB-1C petition. USCIS issued an RFE, and later approved the EB-1C I-140, porting the 2012 priority date, allowing he and his wife to finally file their I-485 green card applications.

Client applied for a B-1 Business Visa in 2009, but the US Embassy in India denied his application, claiming that he had misrepresented facts regarding his eligibility. He eventually became a Canadian citizen, and when he tried to use his Canadian passport to enter the U.S., he was again denied entry based on the previous fraud finding. Attorney Furqan filed his non-immigrant waiver and argued that the application denial in 2009 was a misunderstanding. Included with the waiver application was evidence of the applicant’s continued employment and the absence of any criminal history. CBP approved the waiver, allowing the applicant to be present at a family reunion in Plano, TX.

Client had never been to the U.S. before, but was married to a US citizen and living with him and their US citizen child in Pakistan. He had been married 3 times before, and later passed away in Pakistan. Attorney Furqan filed her I-360 Widow Petition, which was approved by USCIS. She was later granted her permanent residency by the U.S. Embassy in Islamabad.

Client was in the U.S. on a J-1 visa that was set to expire soon. Attorney Furqan filed his NIW petition based on his research field, which included predicting the effects of contemporary climate change and how to advise on climate change mitigation efforts. USCIS approved the I-140 before the client’s DS-2019 expired, allowing him eligibility to file his I-485 and stay in the U.S. without having to seek sponsorship from his employer.

Client had come to the U.S. on a B-2 Visit Visa, and applied for asylum. While her asylum application was pending, she married a U.S. citizen. The Azhar & Azhar Law Firm team filed her adjustment of status application, and USCIS approved the I-485 green card application after she withdrew her asylum application.

Attorney Furqan prepared an I-140 based on a labor certification filed by a different attorney. That attorney had listed “on the job” experience for the purposes of meeting the I-140 requirements. Furqan argued that the “on the job” experience was substantially different than the duties listed in the offered job, and in doing so, he analyzed the SOC codes, number of hours worked, salaries and level of responsibility. USCIS ultimately approved the I-140.

Our client forgot to timely file her H-4 extension, and when she realized that the H-4 had expired, she hired Azhar & Azhar Law Firm to file an H-4 extension for her. It had been over 9 months since her I-94 had expired, but our office filed a “nunc pro tunc” H-4 for her. USCIS eventually approved the application without an RFE.

Client filed a TN visa for a Software Engineer, despite the fact that the applicant did not have an IT degree. They received a Request for Evidence (RFE) and hired Azhar & Azhar Law Firm to prepare the RFE response. Attorney Furqan prepared the response and argued that by applying the regulations at 8 C.F.R. § 214.6, any type of Engineer, including a Software Engineer, qualifies for TN classification.

Our client married a U.S. citizen and became a conditional permanent resident. They returned to India together, where the U.S. citizen spouse stole her ID’s and divorced her. Unable to return to the U.S., attorney Furqan counseled her to file for an SB-1 Returning Resident Visa. The US Embassy in India granted the SB-1 Visa and she returned to the U.S. When she returned to the U.S., our office filed her I-751, which was eventually approved by USCIS.

Our client, a citizen of Pakistan, was denied entry into the U.S. as a visitor because he had previously worked in a convenience store without authorization. His U.S. citizen daughter eventually turned 21 and sponsored him, but his application was denied for fraud. Attorney Furqan was hired to file an I-601 – 212(i) waiver, which USCIS approved based on his wife’s medical conditions.

Our client entered the U.S. as a visitor and applied for asylum. The asylum application was denied because he had been a member of the Kosovo Liberation Army. Attorney Furqan was able to terminate his court case, and his I-485 was approved based on his marriage to a U.S. citizen.

Our client, a citizen of Egypt, registered his own company in the U.S. He then tried to enter the U.S. as a B-2 visitor, but was stopped at the port of entry and removed from the U.S. as someone suspected of working in the U.S. without authorization. He married his U.S. citizen wife, and we were able to obtain an approval on his I-130 petition. Rather than wait 5 years before coming back to the U.S., Attorney Furqan filed an I-212 waiver for him, which was approved based on the medical and emotional hardship that his wife and step-child had suffered in his absence. The I-212 was approved, and he was able to enter the U.S. as a legal permanent resident.

Our client entered the U.S. on a B-2 visa and applied for asylum. His asylum case was referred to an immigration judge who also denied his asylum application. Attorney Furqan appealed his denial to the BIA, and the BIA reversed the judge’s denial and granted our client Withholding of Removal. Our client later married a U.S. citizen, so our office filed an I-130 for him, which was eventually approved. We presented that I-130 approval to the Chief Counsel’s office, who agreed to reopen his deportation case, and then terminate it, so that he could become a permanent resident through USCIS. USCIS eventually approved the I-485 green card application.

Our client, a citizen of Ethiopia, hired our firm to file an NIW I-140 petition for him. Attorney Furqan argued that his field of practice in environmental contaminant removal qualified him for a National Interest Waiver approval. USCIS approved the NIW because his research was focused on developing methods to prepare effective and low-cost ways of removing major environmental contaminants using bio-materials.

Our client, a citizen of Bangladesh, entered the U.S. in the 1980’s on a student visa. He overstayed his visa. He married a U.S. citizen and applied for adjustment of status, but he had already been placed in deportation proceedings. Attorney Furqan was able to terminate his deportation proceedings, despite the fact that he had previously been arrested and convicted of Theft. His I-485 was eventually approved by USCIS.

Our client had filed an asylum application on his own, and ended up in deportation proceedings. He claimed to have been part of the “Green Movement” which opposed Iran’s government. While in deportation proceedings, he had an I-140 NIW petition approved for him. Attorney Furqan was hired to represent him in deportation proceedings, and argued that his pending I-589 application preserved his eligibility to adjustment status under INA 245(a). The immigration judge allowed our client to advance his green card application which was eventually approved.

Our client had been on H-1B for almost 6 years and was soon to be terminated by her employer. She hired our firm to file an NIW I-140 petition for her. Attorney Furqan argued that his client’s novel and cutting-edge research in the areas of protein structures and cellular dynamics have been instrumental in developing new medicine related to the prevention of diseases such as HIV/AIDS, Hep C, Cancer, Diabetes and other neurodegenerative diseases. Her research work contributed significantly and directly to U.S. national interests in maintaining a leadership role in medicine and disease prevention, all of which will contributes to the health of our country and our country’s overall standing on the world stage. USCIS approved the NIW petition and, eventually, her I-485 green card application.

Our client entered the U.S. on an H-2B visa, but was placed in deportation proceedings and took a voluntary departure. He then used a photo switched passport to enter the U.S. After 5 years, he married a U.S. citizen. Our office filed his adjustment of status application, and I-601 waiver for fraud and unlawful presence. His wife had ongoing medical issues, and he employed U.S. workers, so USCIS eventually approved both applications.

Our clients, citizens of Vietnam, hired our firm to file H-4 applications after their H-4 I-94’s had already expired. We filed the applications arguing “nunc pro tunc,” namely that our client had not otherwise violated the terms of her status, and she remained a bona fide non-immigrant. USCIS approved the H-4, allowing her to file an I-485 with her spouse.

Our client, a citizen of Afghanistan, became a permanent resident of the U.S. based on having assisted the U.S. military in Afghanistan. USCIS sat on his naturalization application for over two years, but eventually approved the N-400 application after we sent USCIS a notice that we intended to file suit in federal court (i.e. “writ of mandamus”).

Our client, a citizen of Cameroon, had entered the U.S. on a photo switched passport in 1994. He married a U.S. citizen and applied for adjustment of status, but he divorced and ultimately abandoned the application. His application was referred to immigration court and he was ordered deported, though he never knew that. After his deportation case was reopened, our firm was hired to represent him. Attorney Furqan was able to terminate his deportation case after the I-130 through his current marriage was approved. Furqan then represented him on his I-601 fraud waiver application. USCIS approved the I-601 and I-485 based on his wife’s medical condition.

Our client, a citizen of Syria, entered the U.S. on a J-1 visa. His employer wanted to sponsor him for a green card, but they were prevented from doing so as he was subject to the 212(e) 2-year home residency requirement. Attorney Furqan filed an I-612 waiver on account of the fact that the Syrian government had targeted him because he was a Physician who managed a practice in Rebel controlled areas, and because he was a member of a non-profit group that documented how the Syrian government was attacking hospitals and physicians. USCIS approved the I-612, allowing him to file for permanent residency without having to serve 2 years in Syria where he feared for his life.

Our client, a citizen of Tunisia, is a Research Scientist in the field of Aerospace Engineering. Attorney Furqan argued that the labor certification requirement should have been waived in his case because his work contributed significantly and directly to U.S. national interests in maintaining a leadership role in flight structure, aircraft design, atmospheric flight mechanics, compressible aerodynamics, aircraft/spacecraft/socket propulsion, and engineering mathematics, all of which contributes to the motion of rockets and other spacecrafts. USCIS approved the NIW petition after having issued an RFE.

We took over this case when another attorney asked us to assist him. Our client, a citizen of Iraq, had entered the U.S. on a spousal visa and divorced 3 months after her entry. She eventually re-married a U.S. citizen and had 3 U.S. citizen children. She filed an I-751 on her own, but she didn’t do it correctly, and that landed her in deportation proceedings. Attorney Furqan was eventually able to convince the Office of the Chief Counsel to terminate her court case. Although USCIS was concerned about the initial marriage, which lasted only 3 months after her entry, they eventually approved the I-485 application.

Our client, a citizen of Iraq, was targeted by Shia militia on account of the fact that he was a Sunni Muslim. He could not go to the local police because they would not protect him as they were also Shia Muslims. He was able to come to the U.S. on a J visa and we filed his asylum application. Although, ordinarily, asylum requires that the applicant prove that they fear the government, in this case, USCIS approved the case based on our argument that the government of Iraq was unwilling to control the extremist elements of their population, namely the Shia militia groups.

On April 18, 2017, President Trump signed the Buy American and Hire American Executive Order, which sought to create higher wages for U.S. workers. As a result, USCIS began denying H-1B applications that were filed under a “Level 1” wage rate. In the first positive decision issued by the AAO since the Executive Order, USCIS reversed the denial of an H-1B visa petition, finding that Attorney Furqan’s client properly used a Level 1 wage for the job of a Geotechnical Engineer in Training (EIT), and that the H-1B visa petition adhered with the correct, five-step procedure for determining the appropriate wage level for the job. Matter of B-C-, Inc. (Jan 25, 2018). This was another powerful ruling that clarified for USCIS that a level 1 wage does not automatically disqualify an H-1B employer from establishing that the position offered is a specialty occupation.

Our client had purchased a convenience store and wanted to apply for an E-2 Treaty Investor visa. Although he was born in India, he had naturalized in Canada, so we filed his E-2 visa from the U.S. Embassy in Toronto. The embassy approved the 5-year visa without a request for additional evidence.

Our client, a citizen of India, is a Computational Biologist and on H-1B. His employer was not willing to file his PERM Labor Certification and I-140 in order to allow him to file H-1B extensions beyond the statutory 6-year limit. Attorney Furqan filed his National Interest Waiver (NIW) petition arguing that his research in breast cancer will help to improve U.S. health. USCIS approved the I-140 and he was able to use that I-140 to file H-1B extensions with his current employer.

Our client, a Syrian national, was approved for asylum by the Houston Asylum Office. Although he had spent a majority of his life in the UAE, Attorney Furqan argued that he could not have “firmly resettled” in the UAE since there is no concept of permanent legal residency or naturalization there, and therefore, he still qualified for asylum. The Houston Asylum Office approved his case based on the grounds that he feared persecution by the Syrian government. The Syrian government considered him a threat because he had provided medical supplies to demonstrators.

Our client failed to file an H-4 extension with her husband’s H-1B extension, and was therefore out of status for over 3 months. When she realized it, rather than return back to her home country for visa stamping, she decided to file an H-4 extension, even though it was considered untimely as her H-4 I-94 was expired. Attorney Furqan argued in his Nunc Pro Tunc motion that the client was eligible for the benefit sought prior to her status expiring, that she had not otherwise violated the terms of her status, and she remained a bona fide non-immigrant.

Our client, an IT consulting and promotional company, filed an H-1B for an IT professional. USCIS approved the I-129, but the U.S. Consulate in Karachi denied the issuance of the H-1B visa, claiming that specialty occupation work was not available, and that the signatures on the forms were not authentic. The case was sent back to USCIS, and the employer was given another opportunity to overcome the consulate’s decision. Attorney Furqan prepared a response to USCIS, and they revalidated the I-129. The case was sent back to the U.S. Consulate in Karachi for another H-1B interview.

Our client, a citizen of Pakistan, hired Attorney Furqan Sunny Azhar and applied for an E-2 visa based on a $250,000 investment into a trucking company. The E-2 was approved, and after having invested $250,000 more, Attorney Furqan filed his EB-5 petition. After 18 months, USCIS issued an RFE as they had concerns about whether the employees were 1099 or W-2, and after having responded to the RFE, USCIS approved the case

Our client, a citizen of Ethiopia, belonged to an ethnic group that was targeted by the ruling government of Ethiopia. The government used a tax fraud case as a pretext in order to persecute our client on account of her ethnicity and imputed political opinion. Our client fled and came to the U.S. as a visitor. She applied for asylum and was denied by the Houston Asylum Office. Attorney Furqan was hired, and at the final individual merits hearing, the immigration judge agreed to approve the case.

Our client, a citizen of Pakistan, entered the U.S. on a B-2 visitor visa. He decided he wanted to buy a convenience store, and apply for an E-2 visa. He purchased the convenience store for $160,000, put the money in escrow, and was able to prove that the investment would also create 3 more jobs, in addition to the existing employees of the enterprise. USCIS approved the case and our client was granted an E-2 for 2 years.

Our client had entered the U.S. on H-1B status, but he was terminated by his employer, who had failed to pay him his H-1B wages. Our client had trouble filing an H-1B transfer without recent pay stubs, and because he had specialized knowledge in specific programming languages, his field of expertise left him with only a few job opportunities. Attorney Furqan filed an EAD request for him, by arguing that he met the threshold of “compelling circumstances,” and USCIS approved the case.

Our client was in M-1 status, but fell out of status and was detained. Attorney Furqan filed a request for bond so the client was able to bond out of ICE’s custody. He then married a U.S. citizen, and she filed an I-130 petition for him. The I-130 was approved by USCIS, but the government attorney did not want to terminate the court case because they were concerned that our client’s failure to pay his school tuition reflected that he was not willing to take responsibility. At the final hearing, Attorney Furqan was able to illicit testimony from his client and his client’s wife that supported the position that the client was a responsible person and deserving of permanent residency. The immigration judge agreed and granted his application for permanent residency.

Our client was born in the Bahamas and came to the U.S. as a dependent of his father. After his father fell out of status, our client was issued a Notice to Appear (“NTA”) before an immigration judge. He married a U.S. citizen and the I-130 was approved, but USCIS sat on the case for years before making a decision. After FBI interviews and home site investigations, Attorney Furqan was finally able to convince USCIS to approve the adjustment of status application, after a 6-year wait.

Our client married his first cousin and filed an I-130 for her. While I-130’s based on first cousin marriages are generally not approved by USCIS, they are approved in cases in which the petitioner and beneficiary intend to live in a state that allows first cousin marriage. Our client lived in such a state, but USCIS still denied the petition because they did not believe that the petitioner had enough ties to the state. Attorney Furqan appealed the decision to the Administrative Appeals Office (AAO), and the AAO reversed the decision of USCIS, allowing the petitioner to complete immigrant visa processing for his spouse.

Our client, a citizen of Iraq, came to the U.S. on a visit visa. He was of Palestinian descent, and was persecuted by the Shia majority community because of his religious beliefs, and because of his Palestinian nationality. Attorney Furqan filed his asylum application, and after completing two asylum interviews, 4 years apart, the Houston Asylum Office ultimately approved the case.

Our client, a citizen of Jordan, entered the U.S. on an F-1 visa. He fell out of status and was detained by Immigration and Customs Enforcement (“ICE”). Attorney Furqan filed a request for bond and so the client was able to bond out of ICE’s custody. He then married a U.S. citizen and she filed an I-130 petition for him. The immigration judge was unwilling to delay the court case until the outcome of the I-130, and he held a hearing to determine if the marriage was legitimate. Attorney Furqan represented his clients at the hearing, but the immigration judge was unconvinced about the legitimacy of the marriage, so he ordered the client removed. Attorney Furqan appealed the decision to the Board of Immigration Appeals (“BIA”), and the BIA reversed the immigration judge’s decision. The BIA stated that there was sufficient evidence to support the fact that the marriage was legitimate, and therefore the immigration judge should continue the court proceedings until the I-130 is decided upon by USCIS.

Attorney Furqan filed an O-1 visa for an exceptionally talented biomedical optics scientist. He argued that the scientist had sustained international acclaim and recognition for his achievements in the fields of biophysics involving the extensive use of fluorescence based laser spectroscopy, optical microscopy ultrafast laser spectroscopy, and microscopy, in conjunction with extensive and profound research in the field of molecular biology. USCIS approved the case without issuing an RFE.

Our client, a citizen of India, had sponsored her father, who was in India. He was denied the immigrant visa, though, because the last time he was in the US, he was found to have worked without authorization and misrepresented information in order to get a visit visa. Attorney Furqan filed an I-601 waiver of inadmissibility for him by arguing that his wife, who was a permanent resident in the US, had a significant medical condition that required his presence in the U.S., and his absence from the U.S. therefore resulted in extreme hardship to her. USCIS accepted these arguments and approved the waiver of inadmissibility.

Our client filed an I-140 for one of his employees who graduated with an AS degree from a school in Pakistan and a BS degree from a different school in Pakistan. USCIS issued an RFE requesting evidence that the beneficiary had obtained the equivalent of a 4-year bachelor’s degree from a single source. Attorney Furqan sent evidence to USCIS that both degrees were obtained from affiliated schools and therefore the degree qualified as a single source degree. USCIS approved the I-140 after having received the RFE response.

Our client, a citizen of Pakistan, had an approved ETA 9089 PERM application. When it came time to file the I-140, it was revealed that the employer’s net income on their tax returns was below the proffered wage. Attorney Furqan then obtained evidence of the employer’s bank balance for the last 12 months, and successfully argued that this was credible evidence of liquid assets that could help to prove the ability to pay the proffered wage. The I-140 was then ultimately approved.

Our clients, citizens of Nepal, had overstayed their status in the U.S. 15 years ago. Attorney Noaman represented their employer and completed an EB-2 PERM and Attorney Furqan obtained an approval on the I-140. The wife was 245(i) eligible based on a 4th preference sibling petition, so both of them were able to file for adjustment of status, despite their visa overstay.

Our client, a citizen of Nigeria, was a permanent resident and was convicted of offenses that the government believed made him removable from the U.S. Attorney Furqan challenged the client’s removal from the U.S., but after hearing arguments from both sides, the immigration judge still ordered the client removed. Attorney Furqan appealed the immigration judge’s decision and the Board of Immigration Appeals reversed the immigration judge’s decision and sent it back to the lower court for reconsideration. Meanwhile, the DHS attorney agreed to terminate the client’s case, in light of the new 5th Circuit case law regarding assault.

Our client, a citizen of Mexico, received a Notice of Intent to Deny (“NOID”) on his I-140. USCIS stated that the position of a “Management Analyst” normally requires the attainment of a bachelor’s degree (professional occupation), and our client did not have a 4-year bachelor’s degree. Attorney Furqan argued that according to the OOH, not all Management Analysts require a bachelor’s degree. Further, the employer completed the additional recruitment requirements for a professional occupation. USCIS ultimately approved the case.

We filed an EB-2 I-140 for our client, a Nepali national, based on his MS in Civil Engineering. USCIS sent an RFE asking the employer to prove that he was licensed to practice as a Civil Engineer, despite not having a Professional Engineer (“PE”) license. Attorney Furqan argued that the position of Civil Engineer does not require the passage of the PE exam, and that it only requires the passage of the Fundamentals of Engineering (“FE”) exam. Since our client had passed this exam, he was considered a licensed Engineer in Training (“EIT”), and as an EIT, he was qualified to be a Civil Engineer. USCIS ultimately approved the I-140 on this basis.

Our client, an Indian national, was offered a tenure track position at a university as a Professor of Computer Science. He had numerous publications and several citations. He had also done journal publication review and had 2 patents. USCIS approved the EB-1B I-140 petition and later the green card applications of him and his wife.

Our client, a Palestinian national and resident of Jordan, came to the U.S. as a foreign medical graduate seeking a medical residency. He was subject to the 212(e) 2-year foreign residency requirement. Attorney Furqan was hired to file a J-1 waiver for him, and he argued that Palestinian nationals in Jordan were denied basic rights such as the right to obtain certain jobs, earn money, or obtain health insurance. USCIS approved the J-1 waiver and our client was allowed to change his status from J-1 to H-1B, and later seek permanent residency.

Our client, a citizen of Syria, was over 70 years old. She applied for U.S. citizenship and attempted to have the English language requirement waived based on a medical disability, but USCIS did not accept her N-648 medical waiver. Attorney Furqan was then hired and re-filed her naturalization application with a new N-648 from a new Psychiatrist that detailed her Dementia and inability to learn English. USCIS approved the new N-648 and allowed the client to naturalize. She was then able to get a U.S. passport and travel to perform Haaj, a religious pilgrimage.

Our client, a citizen of Egypt, came to the U.S. as a foreign medical graduate seeking a medical residency. He was subject to the 212(e) 2-year foreign residency requirement. Attorney Furqan was hired to file a J-1 waiver for him, and he argued that the requisite level of hardship existed for the waiver because he was a Coptic Christian in a country that discriminates against religious minorities, and because his U.S. citizen children were young and had medical conditions. USCIS approved the J-1 waiver and client was allowed to change his status from J-1 to H-1B, and later seek permanent residency.

Our client, a citizen of Mexico, entered the U.S. (without inspection) as a child in 1984. She had been in the U.S. since that time. Her deceased father filed an I-130 for her in 1992. She married a U.S. citizen, but waited 10 years before hiring an attorney to file for permanent residency. Attorney Furqan filed her permanent residency application in 2000 and provided evidence of her 245(i) eligibility, along with evidence of her presence in the U.S.. After an interview, USCIS approved our client’s application for permanent residency. At the age of 38, our client was finally able to come out of the shadows, and obtain a social security number, driver’s license, and employment.

Our client, a citizen of India, fell out of F-1 status, so he left the U.S. and then re-entered using an F-1 visa, after his SEVIS was reactivated. When he applied for OPT, USCIS denied the application and stated that he was not in status upon his re-entry. Attorney Furqan was then hired and he filed an I-290B appeal. USCIS agreed with Attorney Furqan’s arguments, approved the case, and sent the client his OPT card.

Our client, an Albanian national, had entered the U.S. in 2001 as a refugee. Shortly after his arrival in the U.S., he was convicted for the Unlawful Possession of a Weapon. He applied for U.S. citizenship when he was eligible, and was denied U.S. citizenship because he was removable from the U.S. He was then placed in removal proceedings. Client came to Azhar & Azhar Law Firm, and Attorney Furqan filed an I-130 through his U.S. citizen wife, and a 42-A application for Cancellation of Removal. Attorney Furqan then approached the Chief Counsel’s office to consider terminating the case, in light of the several positive equities present, and they agreed to terminate his removal case so that our client could re-apply for U.S. citizenship. Attorney Furqan then re-filed the client’s citizenship application, and USCIS approved it.

Our client is a U.S. technology company working in the field of financial services domain. They developed several patented products and they required the services of a Software Solutions Architect to help implement the technology that they had developed. USCIS issued a Request for Evidence “RFE” and Attorney Furqan worked with the employer to help overcome USCIS’s concerns about the qualifications of the beneficiary. The case was ultimately approved after USCIS received the RFE response.

Our client, a citizen of Nepal, was placed in removal proceedings after her father was charged with marriage fraud and her status was terminated based on the termination of her father’s status. Our client sought relief in the form of a 237(a)(1)(H) waiver, and an I-589 asylum application. The immigration judge denied the applications, but through cooperation with the Immigration and Customs Enforcement (ICE), Attorney Furqan was able to terminate our client’s court case, so that they could become a permanent resident in front of USCIS, through a U.S. citizen spouse.

Our client, a citizen of India, had entered the U.S. on a B-2 visa in the 1980’s. Shortly after entering the U.S., he changed his status to an F-1 student, then left to Canada to get an F-1 visa. His visa was denied, but upon his return to the border, the immigration officer waived him in. USCIS was unwilling to approved our client’s case for a green card based on having been waived in, but Attorney Furqan suggested that his client travel abroad on his advanced parole travel document that he obtained through his I-485 application. Upon his return, USCIS approved his I-485 application for permanent residency based on the BIA precedent in Matter of Arrabally and Yerrabelly.

Our client, a citizen of Canada, had been one of the top rodeo athletes in Canada before pursuing his professional rodeo career in the United States in the Professional Rodeo Cowboys Association. Despite just recently beginning his professional athletic career, Attorney Noaman was able to prove that our client was already one of the top Team Ropers in the world. Attorney Noaman focused the strength of our client’s accomplishments on his recent Intercollegiate National Championship, top 50 world ranking, and national rodeo publications that highlight his current success and immense potential. He was able to continue to compete professionally for the next 3 years with the hopes of winning a world championship.

Our client, a citizen of Canada, is a professional bareback rider in the Professional Rodeo Cowboys Association. Attorney Noaman initially filed an application to qualify our client as an alien of outstanding ability (O-1) in the athletics which was approved. After competing for 2 years on an O-1 visa, our client sought the assistance again of Attorney Noaman, but this time to secure his permanent residency. Attorney Noaman argued that our client was perennially ranked within the top of the world for the last several years and had multiple national accomplishments and magazine features in several national rodeo publications, including on the cover of Pro Rodeo News. Upon receiving his green card he continued to compete professionally with the expectation of winning a world championship in the future.

Our client, a citizen of Pakistan, had entered the U.S. in the 1980’s as a student. His status eventually expired. He then married someone without legal status, and they had 3 U.S. citizen children. Our client hired a non-attorney from California to file his I-589 application, which was denied by USCIS, and then denied in court. Our client then hired Azhar & Azhar Law Firm to appeal the case. Meanwhile, his U.S. citizen daughter turned 21, so we filed I-130’s for him and his wife. Those were approved, so Attorney Furqan came to an agreement with Immigration and Customs Enforcement (ICE) to terminate his client’s case, allowing client and his wife to get permanent residency through USCIS. With his new green card, client was finally able to visit his elderly mother in Pakistan, whom he had not seen in over 30 years.

Our client, an IT consulting company, had hired a law firm to file a cap subject H-1B for one of their prospective employees. The application was for a consulting position, and USCIS denied it because of the contents of the end client letter. On appeal, Attorney Furqan drafted a new client letter that was signed and dated by the client, and which was submitted on appeal. USCIS reversed their decision and approved the I-290B.

Our client, a citizen of India, had no relief other than to file a request for “Deferred Action” before USCIS. Attorney Furqan submitted evidence of her charitable works, her degrees, continued employment, and her good moral character. USCIS approved the request for 2 years.

Our client, a citizen of Pakistan, had filed 4 sibling petitions in 2010. All 4 of them were denied by USCIS. Attorney Furqan was hired to file an I-290B on all 4 applications, and USCIS reversed the denials based on the new evidence and arguments. Client was able to save 5 years of wait time, by reviving the four I-130’s.