Case Victories

Our clients, a couple from Iran, had entered the U.S. on a visit visa. The wife applied for asylum based on political persecution as a member of the Green Revolution. She and her husband also converted to Christianity and claimed a fear of returning to Iran based on their status as apostates. The cases were denied by the Houston Asylum Office, and they then hired Attorney Furqan to represent them in immigration proceedings. After three individual merits hearings, the immigration judge granted the client’s cases and they are now permanent residents.

Our client, a citizen of the U.S., had filed an I-130 for his brother, a Pakistani national. USCIS issued a Request for Evidence (“RFE”) in the case, but our client never received it, so it was denied for abandonment. Three years later, client hired Azhar & Azhar Law Firm, and Attorney Furqan filed an I-290B Motion to Reopen. USCIS then approved the I-130, thus saving our client’s family an additional 8 year wait through the filing of a new I-130. In addition, our client’s niece was now protected under the Child Status and Protection Act (CSPA) and could ride on the application in order to become a permanent resident.

On April 01, 2002 our client filed an I-130 petition for her sibling. In January of 2009 she moved to Texas and notified USCIS of her address change. USCIS incorrectly sent a Request for Evidence (RFE) to her old address shortly after her move. Our client never received the RFE, so her case was denied due to abandonment. Practically, this meant that our client would have to file a new I-130, and her sibling would have to wait approximately 10 more years for her visa to become current. Client hired Azhar & Azhar Law Firm to seek to re-open the case through an I-290B, in order to preserve the original 2002 priority date. Attorney Furqan filed the motion, although untimely, and argued that USCIS should reopen the case pursuant to their sua sponte power as set forth in 8 CFR § 103.5. USCIS has the authority to re-open a case sua sponte, in its discretion, if they determine that there is an obvious error. The USCIS adjudicating officer agreed with the arguments Attorney Furqan made and exercised their discretion in re-opening the case. The I-130 was reopened and approved.

Our client, a citizen of Mexico, entered the United States without inspection and married a U.S. citizen. She had 2 children with her spouse. Our client’s spouse, however, was extremely abusive to our client, both physically and emotionally. He threatened her that if she told anybody about the abuse, he would have her deported. Attorney Furqan completed a special immigrant petition for her under the Violence Against Women’s Act (VAWA). The VAWA petition was approved, and client became a Lawful Permanent Resident.

Our client, a citizen of Canada, was the beneficiary of a 3rd preference I-140 petition that was still 2 years away from becoming current. Our client’s employer hired Azhar & Azhar Law Firm to file his EB-2 labor certification and I-140, in order to upgrade his case and afford him and his family a visa for permanent residency. Attorney Furqan filed a new foreign education evaluation which concluded that our client had an advanced degree. Attorney Noaman then prepared and filed an EB-2 labor certification. The Department of Labor elected to audit the labor certification, filed on behalf of a Chief Financial Officer (CFO), for a consulting firm in Addison, Texas. The Department of Labor argued that the required job experience, 15 years, was not normally required for the job opportunity as defined by O*NET. In response, Attorney Noaman argued that CFO positions generally require at least 15 years of experience and requiring that much experience is consistent with the regulations as outlined in 20 CFR § 656.17(h)(1). Attorney Noaman supplemented the audit response with considerable research from across the country demonstrating that employers looking to hire CFO’s typically require at least 15 years of experience. Attorney Noaman also provided a detailed letter from the company’s President outlining the exact reasons why 15 years of experience is necessary for the CFO position at their firm and is not beyond what is normally required for the job opportunity. The Department of Labor was convinced by Attorney Noaman’s arguments and certified the ETA 9089. Attorney Furqan immediately filed his I-140 under premium processing, which was approved. Attorney Furqan then mailed and E-mailed the new EB-2 I-140 approval notice to the Nebraska Service Center, where our client’s I-485 applications were pending, and requested interfiling pursuant to 8 CFR § 204.5(e), the 05/09/2000 Pearson Memo and the USCIS Adjudicator’s Field Manual (AFM), Chapter 23.2(I). The Nebraska Service Center honored our request and approved our client’s I-485 applications, thus saving our client’s years in possible visa wait time and thousands of dollars in unnecessary filing fees.

Our client, a citizen of Nepal, arrived in the U.S. on an F-1 student visa in 1998. In 2000 he was arrested for sexual assault and convicted of the crime. In 2003 he was arrested a second time for sexual assault, but that case was dismissed. Our client then married a U.S. citizen and had 2 U.S. citizen born children with her. Attorney Furqan filed our client’s adjustment of status application and prepared a waiver application based on Immigration and Nationality Law (INA) § 212(h), which allows for a waiver of crimes if the applicant can establish that his removal from the United States would result in ‘extreme hardship’ to his qualifying family member(s). On January 06, 2012, Attorney Furqan appeared with our client and his wife, in connection with their permanent residency interview, and argued the merits of case before the immigration officer. In light of the equities in the case and the arguments made, the officer decided not to require a waiver. Instead, the case was approved on March 01, 2012, officially making our client a lawful permanent resident of the United States.

Our client, a Pakistani citizen, became a permanent resident in 2005 through a family-based petition. Shortly after obtaining U.S. permanent residency, our client returned to Pakistan to complete medical school. Our client left the United States for 10 months to return to complete medical school, and that break of more than 10 months rendered our client possibly ineligible for citizenship. Attorney Noaman was able to provide considerable evidence to demonstrate our client did not abandon his residence pursuant to INA § 316(b), 8 U.S.C. § 1427(b), 8 C.F.R. § 316.5(c)(1)(i). The evidence provided included a re-entry permit issued in 2007, IRS transcripts of federally filed tax returns for 2007, 2008, 2009, U.S. bank statements from 2007 to 2008, and medical school transcripts, letters, and diplomas, from 2007 and 2008, as evidence of our client studying abroad in medical school. During the interview, Attorney Noaman explained to the immigration officer that our client has provided considerable evidence to overcome the rebuttable presumption that he had abandoned his residence. Furthermore, Attorney Noaman provided the officer with the case of Li v. Chertoff, and the court in that case held that studying abroad did not result in an abandonment of residency. 490 F.Supp.2d 130 (D. Mass. 2007). Attorney Noaman then explained the similarities between the facts in our case and the facts in Chertoff. After discussing the matter with his supervising officer, the interviewing officer agreed to approve our client’s case on February 08, 2012. Our client is now a U.S. citizen.

Our client initially filed an application for permanent residency in 2008. One year later, our client was interviewed for permanent residency, but no decision was made on his case. After waiting 2 years, he consulted with Attorney Noaman, who advised client to pursue a Writ of Mandamus action. On October 03, 2011, Attorney Noaman filed a Writ of Mandamus in federal court against the Attorney General of the United States, 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 in a timely manner. On January 11, 2012 we learned that our proactive approach resulted in USCIS finally issuing our client his permanent resident card. Our client will now be able to travel to his home country with his wife for the first time.

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.