Margaret W. Wong & Associates LLC is a full-service immigration law practice that provides legal advice and representation to people and companies in the United States. The firm has over 80 years of combined legal experience among its attorneys and serves its clients from offices in Cleveland, New York City, Los Angeles, Chicago, Atlanta, Nashville, Columbus, Minneapolis, and Raleigh. Contact us here to schedule a consultation to discuss your needs.
Old I-485 to EB-1
Filipino Marries USC
Korean Artist GC
Adjustment of Status
Korean Dentist Assistant
EB-1 Martial Arts Master
Chinese Family Successful Marriage
Clear Fake Asylum Application
Child Status Protection Act
Elderly Woman in Nursing Home
"Additional Evidence" for Korean Couple
Self-Petition Immigrant Worker
Indian Client GC Holder
Chinese Citizen GC Status
Wife from Korea GC
Difficult Interview for Spouse
245(I) Status Gets GC
Corporation Demands GC
Naturalization for Mexican Family
After Divorce, Green Card
Israeli Woman Denied Naturalization
Self-Petition Immigrant Worker
Criminal Conviction- Gets GC
Marriage-Based Green Card
USC Daughter Parents GC
Cross-Chargeability for Computer Engineer
Chinese Native GC Approval
Nigerian Mother USC, Not Son
IMM Officer Mistake Corrected
Correcting Other Law Firms
Years of Waiting for GC
Latvian Engineer EB3
Losing I-96, Now Green Card
Global Corporate Client
Thwarting Deportation Attempts
UK Soccer Coach GC
Brazilian Native GC Approved
I-730 Asylee Files Mandamus
Appeal for GC
Chinese National Approved
Indian Approved for Green Card
IJ Court Proceedings Terminated
EB2 Canadian Physician
South Korean Marriage to USC
10 Year Cancellation
Chinese Pastor's American Dream
National Interest Waiver I-140
Dutch College Professor Approved
Software Engineer NAFTA TN Program
Peruvian Domestic Worker GC
Ukrainian USC Petitions Mother
Peru Surgeon on J-1 Waiver
Romanian Mother Stays with Children
Hong Kong Man Gambles
Korean Couple Store Owners
Five Years for Green Card
Undocumented Woman from Poland
Criminal Record, Name Change
245(I) Trumps Naturalization Fraud
Nonimmigrant Employment to GC
Marriage Brevity Not a Problem
Divorce Not a Deterrent to Naturalization
Egyptian Doctor Work Five Years
Work Authorization and Green Card
Cancer Treatment Corporation H-1B
Parents Obtain Green Cards
Employer Helps Employee's Spouse
Arrests for Prostitution and Cocaine
Daughter Petitions for Parents
Mexican Employees Get GCs
I-751 Approval for Jamaican
10 Year Green Card Argentinian
I-765 Approval, 1-1485 Pending
Filipino Couple Green Cards
Permanent Residency Despite Fraud
Lost Case to Permanent Residency
20 Years in Immigration System
Denial to Approval
Green Card Through Employment
Couple Become LPRs
Conditions Removed for Vietnamese Child
Indian Son GC for Mother
Employer Helps GC Approval
Green Card in Two Months
Case Against Immigration Court
Afghani Couple 10 Year GCs
LPR to Hard Worker
Husband Petitions for Family
Smooth Transition to LPR
Petitioning Parents' Green Cards
Order of Removal Now GC
Indian Doctorate GC
10 Year LPRs in 3 Months
Initial Denial Now Success
Public Charter School Petition
Violation of F-1 Status
Turkish Family 10 Year GCs
GC After Three Years
Quick Interview for GCs
Residency Based on EB3
Removal Proceeding Termination
Removal of Conditions
Interview and Approved Same Day
Seven Years for Green Cards
Fraudulent Passports From Dance Company
PhD Candidate Welcome in 8 Months
Pending Case to Approval
Permanent Residency Through Employment
Correcting Case's Errors
Chinese Client Stays With Family
Wife Files for Husband
Conditions Removed From Marriage
Two Months I-485 and I-765
I-130 Sponsorship for Father
Hiatus From Education
Several Missteps Later
Travelling After GC
Legal Status After Decade
Detained at Border -Marriage
Chinese Tourist Overstays
Prominent Faculty Member
Romanian With J-1 Visa
Approved H-1B in One Month
Iranian Persecuted Granted Asylum
Final Order of Deportation
Green Card in Couple Years
IV Within Two Months
Renewing Green Card
J-1 Doctor and Wife GCs
PERM Certification Two Months
40 Year Old Egyptian
USC Reunited With Family
Long Time of Waiting
1998 Labor Certification
GC Same Week of Approval
Long Legal Battle for Stay
Successful I-485 Reinstatement
Chinese Scientists I-485 Approved
Subjected A Final Order Deportation
Approval of I-485
Overstay on Visitor Visa
J-1 Doctor Without RFE
Adjustment Status Approved
Waiting Illegally for Green Cards
Application for Asylum
S. Korean Received GC
Canadian I-485 and H-1B
Company Sponsorship 2008
E-2 Status to Green Cards
Canadian 8 Minute Recommendation
LPR for Canadian
Approval for I-485
Approval Without RFE
Denied Status? Retain Us
GC Approval Without RFE
Adjudication Delayed Several Times
International Travel Gained
GC Approval for South Korean
Chinese Family Permanent Residency
Expeditious Adjudication Petition
I-140/I-485 Indian Doctor
I-140 for Immigrant Worker
South Korean Wins PERM
GC for Family Without RFE
Filed I-485 With EB2
7 Years of Waiting
I-485 Without RFE
Venezuelan Married With Children
Indian Permanent Resident
Less Than Six Months
Mongolian USC Filed I-360
I-485 in a Week
Four Months After Interview
Client Permanent Resident
60 Days Green Card
Severe Problems Now GC
Italian GC After Long Process
J-1 Doctor and Family
Name Changed and Parentage
Australian Divorced Marry USC
Mother Deported, But Not Son
I-140 Approved Then I-485
Mexican Petitions Wife to US
K-2 Client Success
Passing Background Check
USC After 40 Years LPR
Palestinian Widow and Children
Tibetan Teaches Buddhism
Barred From Travel
Buddhist Monks and Chinese Interpreters
Father's Funeral- Care for Mother
GC for Client's Wife
10 Years Unlawful in US
B-1 Visa, Stay for 10 Years
Work and Marry to GC
PhD Approval I-140/I-485
Cyprus Student Visa Overstay
Deportation to LPR
Engineering Graduate Green Card
Polish Doctor's Journey
Family Received Approval
Theology Graduate Wins PERM
Panamanians Gain GCs
Denied in 2008, One Year Approved
El Salvadorian From 1990
El Salvadorian Under NARCA
Canadian Couple GCs 2009
Order for Deportation
Work Authorization in US
I-130 Approved, Filed by Mother
German Couple E-1 Visas
F-1 Visa for Vietnamese Man
USC Syrian Doctor
Dominican Republican 4 Years
British Born Petitioned by USC
Canadian USC Petition
Daughter Petitions for Father
More than 10 Years in US
Romanian Entered Illegally
African Religious Sister 2009
J-1 Visa Gain GC
Taiwanese LPR With EB-13
Catholic Priests and Religious Workers
Hindu Priest's Family
From PR China 2009
Filed in 2006 Approved in 2008
Indian Petitions for Wife
UK Tourist Married
Green Card Expired 7 Years Ago
Cypriot Came to US in 1992
Vietnam Man Legal in USA
Four Years of Waiting
F-1 Visa- GC for Indonesian Man
H1-B Visa, H-4 Visa- I-485
Employee Petitioned From Germany
Client From Georgia LPR
Granted GC After Long Interview
Japanese Enter in 2002 on H-1B
Egyptian an Wife on H-1B Visas
Entered Legally in 1966
Petitioning for Wife from Senegal
Wife on F-1 Visa Now LPR
English Client to US on F-1 Visa
El Salvadorian Couple Illegal Since 1988
Filipino Physician B-1 to GC
Sales Representative Under L-1A
British Client and Her Husband
Canadian Received I-140/I-485
J-1 Visa Overstay- 10 Year GC
LPR From Germany Cancelled GC
K-1/K-2 Visas Now GCs
Finally I-485 Approval
Married Couple from Iron
Chinese Family GCs 2008
German Electrician Petitions Approved
F-1 Client From Bangladesh 1996
Second Rejection for Status
Research Technologist from Bangladesh
Turkish Mother and Children 1991
Nurse With Daughter in Bulgaria
Travel Documents and GCs
Adjustment Denied By USCIS
Chinese Family Reunites
Permanent Residency for Father
Chinese Performing Artist LPR
Single Mother Gains GCs
Case Put on Hold 2007
Senegal Man Married USC
Filipino Mother and Son Status
Venezuelan GC With Wife
USC from Mexico Petitions Family
Mother and Daughters GC
F-1 Visa With Wife Now Legal
Tourist Visa From Peru
I-130 Denied and Remanded
Approval February 2008
South Korean Family GCs
Canadian I-485 Three Months
German I-485 Six Months
ETA 750 for Household
Macedonian Family Legal Status
Labor Certification for Polish Client
Brazilian Couple I-485 Approval
New GC After USSCIS Error
I-489/485 for Indonesian Family
Two Years Chinese Couple GC
French Client Facing Denial
Canadian Couple 7 Months
Indian Client Petitioned
Physician From India -H-4 Visa
German Doctor Reunited With Family
H-1B Visa GCs Through Employer
Bachelor Degree in Accounting
PhD in Engineering I-140
Romanian F-1 Visa to I-140
Pakistani System Engineer
Bulgarian I-140/485 Approval
Long Journey for Filipino
Client I-140 Got Approved
4 Years I-1485 Approval
IV for Guangzhou Daughter
Chinese Research Professor I-140
National Interest Waiver for Scientist
Korean Civil Engineer LPR
18 Months Family Permanent Residency
Upgrading an Old I-485 - from EB-3 to EB-1 – Saves South Asian Client Time and Money
Mr. P of India first came to the U.S. over ten years ago as an H-1B visa holder. In 2007, his employers filed an Employment-based, 3rd preference (EB-3) I-140 and I-485 (Application to Register Permanent Residence or Adjust Status) Green Card petition on his behalf. Based on this petition, Mr. P has been extending his H-1B ever since. Yet, since priority dates and wait times for India are so awful, Mr. P was unable to obtain his final Green Card approval.
In late 2015 Mr. P came to Margaret Wong and Associates to process his EB-1 petition for Extraordinary Ability. You see, Mr. P had grown and developed as an engineer to such an extent that he now qualified for a new, faster category of Green Card. Attorney Rebecca Tseng in our California office processed the petition, and it was approved via Premium Processing in less than two weeks!
Then we had a choice: file a fresh, new I-485 Adjustment of Status (the final stage in the Green Card process), or upgrade Mr. P’s old one from 2007. Both methods have their advantages and disadvantages that need to be weighed. Many practitioners prefer to file a new I-485, since they don’t know what shape the old filing will be in (remember, Mr. P’s old I-485 was filed almost ten years ago).
After careful discussion with Mr. P, we felt it was worthwhile to upgrade the old I-485. Mr. P did not have to pay new I-485 filing fees for himself and his wife, saving them over $2,000. We worked with the Service Center and with the Premium Processing Unit to ensure the old I-485 was located, upgraded, and updated with Mr. P’s new biographical information.
Mr. P received his Green Card in the mail last week, and reported that after more than ten years of waiting, it felt very good to hold it in his hand. (Back to Top)
Filipina Marries USC, Gets 10 Year Green Card
P.S. a citizen of Philippines came to the United States when she was 8 years old under an H-4 visa based on her parents’ status. As she went through college she changed her status to F-1, Student visa and while in status she met her fiancé who is a US Citizen. They were recently married and retained our office to assist them in the process of filing an I-130, Petition for Alien Relative and an I-485, Application to adjust status to permanent resident. Our office worked diligently and in 3 months the case was approved. Since the couple has been married for less than 2 years, Ms. P.S. was granted conditional resident status. Ms. P.S. will file I-751, Petition to remove the condition on her residency in 2 years in order to receive a 10 year green card. (Back to Top)
Korean Artist and Children Get Green Cards
Mrs. H is a Korean who’s well known as a textile artist. She came to Margaret Wong and Associates office in 2011to see if we could help her get an EB-11 (Employment-Based Immigration), an I-140 (Immigrant Petition for Alien Worker), and an I-485 (Application to Register Permanent Residence or Adjust Status). She had two children and she also want I-140 and I485 for the children as well.
We immediately started filling out her EB-11. After that we filed the I-140 for her and for her children. The I-140 was approved and we moved forward by filling out the I-485 for the family.
We continued working on her case until when everything were approved. Mrs. H went to the last interview in November 30, 2012. After a long process of time, Mrs. H got her adjustment of status approved, and began her happily life with her two children as a Green Card holder in the United States. (Back to Top)
Adjustment of Status Approved for "Arriving Alien" from India, after Order of Removal
Mr. D came to the U.S. from India in 2002. He was apprehended at the Miami airport, passed a credible fear interview, and was issued paperwork classifying him as an “arriving alien.” He then filed for asylum. It was denied, and a determination of adverse credibility was lodged against him. Fortunately his old counsel appealed this determination to the BIA, which reversed the adverse credibility finding. However, Mr. D was still ordered removed from the U.S.
When Mr. D came to Margaret W. Wong and Associates in 2014, he was married to a U.S. citizen and ready to apply for his Green Card. But what to do about his old order of removal?
Many lawyers (and in fact many USCIS officers) don’t know this, but as an arriving alien, USCIS actually has jurisdiction over Mr. D’s Green Card application! This is due to his status as an “arriving alien.” Under immigration law, Mr. D had never legally been “admitted” to the U.S. (even though he had been walking around here for over a decade), and USCIS still retained the authority to decide to “admit” him or not.
Our office filed a concurrent I-130/I-485 adjustment of status package based on Mr. D’s marriage to his U.S. citizen wife. An interview at the local USCIS office was scheduled in less than three months. It was a tense interview – the USCIS officers didn’t understand what was going on. But Attorney Scott Bratton stuck to his guns and explained to USCIS that we were simply asking for Mr. D’s Green Card, as was allowed under current law regardless of his order of removal.
Not long after, Mr. D’s Green Card was approved. We filed a motion to reopen and terminate Mr. D’s old removal proceedings. The motion was quickly and routinely granted. Mr. D is now a proud Green Card holder. (Back to Top)
Perm and I-140 Approval for Dental Assistant from Korea with Foreign Language Requirement
Ms. C is a nice young lady from Korea with a U.S. Bachelor’s degree in Dental Hygiene. She had an offer of employment from the local dental practice where she had done her practical training. The majority of the patients were Korean, and the employer had a desperate need for Korean-speaking dental assistants. Together Ms. C and her employer approached the Office of Margaret Wong and Associates to see if we could help her stay and work in the U.S. permanently.
We advised Ms. C and her employer to apply for a Green Card through the PERM Labor Certification process. Ms. C’s job title would be “Korean-speaking Dental Assistant.” We generally discourage clients from including a foreign language as a requirement in a PERM application – the Department of Labor will sometimes inquire as to whether the language is truly necessary, and whether it is meant to exclude U.S. workers from applying. But the dental practice’s need was so urgent and so legitimate that we agreed to add the requirement, after warning the employer that it could cause delays in the case.
Fortunately the PERM was approved with no inquiry into the language requirement. The I-140 “Immigrant Petition for Alien Worker” was then filed via Premium Processing and approved in only a few days. With all the hard work done, Ms. C and her employer need only wait for her Green Card approval!
Ms. C’s case has gone quite well and is a true success story. But adding a foreign language requirement into a PERM application actually takes quite a skilled attorney. If you are considering it, please call us for a consultation! (Back to Top)
EB-1 Extraordinary Approval for Chinese Martial Arts Master
Master G, a Chinese martial artist, came to Margaret Wong and Associates for help obtaining a Green Card based on his “Extraordinary Ability” (an EB-1 petition). He had previously tried such a petition with another law firm and had received a denial.
Attorney Tseng in our Los Angeles office reviewed his denial and recommended that he try again. She filed a case supported with carefully-organized proof that Master G had been performing as a martial artist ever since his childhood, when he traveled with the Shaolin Martial Arts Monks. She included proof of his wins in tournaments, appearances on ESPN, interviews, newspaper articles, and even a scholarly article Master G had written on a particular style of kung fu.
Attorney Tseng also submitted evidence that Master G’s work was of great prospective benefit to the U.S. This work included special tai chi and kung fu classes Master G had organized for senior citizens and children with special needs.
“I felt honored to work on his case,” Attorney Tseng said. “As a fan of martial arts movies, it was easy for me to see that this guy was the real thing. Even though Master G is incredibly talented and accomplished, he is also an amazingly nice and down-to earth person. He spreads an understanding of martial arts is his life’s work.”
USCIS agreed with us that Master G is amazing. His EB-1 petition was approved just recently. We expect his Green Card to arrive in the mail any day now! (Back to Top)
Chinese Family has Successful Marriage-based Interview After Multiple Prior Marriages
Mr. C is a naturalized U.S. citizen who was born in China. He retained our firm to represent him, his new wife Mrs. W, and his stepson in obtaining Green Cards for the new members of the family.
There were a couple of issues in their case. First, Mr. C had been married twice before to women from China. Both times he had obtained Green Cards for his wives, and later divorced. This could raise a question as to the validity and purpose of this third marriage. Second, Mrs. W and her son had come to the U.S. on visitor visas and then decided to remain here permanently (remember, visitor visas are to be used ONLY if there is no intent, upon entry, to remain permanently).
Attorney Rebecca Tseng in our California office carefully prepared the family for their USCIS interviews. Upon meeting them, she reported that she instantly felt that this was a genuine and caring marriage, and that Mrs. W had originally entered the U.S. for a temporary visit not with marriage plans. But love took over and Mr. C and Mrs. W soon realized that they did not want to be separated again.
The next task was to show this to USCIS. Attorney Tseng prepared the clients with lists of the potential questions the couple might be asked, and gave them an overview of what to expect at the interview. As it turns out, everything went very well. The officer noted that Mr. C and Mrs. W seemed anxious, and when Attorney Tseng pointed out that they were going to the airport immediately after the interview to pick up Mrs. W's parents and sister for a visit the officer laughed, offered his empathy to Mr. C (who was about to meet his in-laws for the first time) and quickly concluded the interview with an approval!
The happy couple will be spending their holidays here in California along with a house full of visiting relatives. Mrs. W and her son's Green Cards are truly a great holiday gift! (Back to Top)
I-485 Adjustment of Status Clears Fake Asylum Application
Mrs. Y came to Margaret W. Wong & Associates with a fake asylum application already on file at USCIS. She had entered the United States on a B-2 visitor visa, however, the fake application would make her desire to live in the USA much more difficult to achieve. Ms. Wong decided to take the case and file for an I-485 adjustment of status for Mrs. Y. During the wait for adjustment of status, an employment authorization I-765 was filed and approved, allowing Mrs. Y to work in the United States while she waited to hear back about her I-485. After a long processing time, Mrs. Y got her adjustment of status approved, and began her life as a Green Card holder in the United States. (Back to Top)
Child Status Protection Act Helps Chinese Step-child of U.S. Permanent Resident
Mr. L’s mother married a U.S. permanent resident years ago, and in 2012, when Mr. L was under 21 years of age, his step-father filed an I-130 Immigrant Petition for Alien Relative on his behalf. His classification was “F2A – Child Under 21 of a Permanent Resident.” Mr. L then came to the U.S. as a student and began working on his college degree while waiting for his I-130 priority date to become current.
In October of 2013 Mr. L came to the Law Office of Margaret Wong and Associates with an urgent problem. The priority date on his I-130 was now current, but he had already turned 21. He wanted to use the I-130 his step-father filed for him to get his green card, but he was no longer a “child.” To make matters worse, the I-130 was not approved. USCIS had issued a Request for Evidence, and Mr. L and his parents had never received it! This was very serious – failure to respond to a Request like this on time almost always results in denial.
We immediately did the math (or rather, the dates) on Mr. L’s case, and found that under the Child Status Protection Act, he was still considered a “child” under immigration law and was eligible to file his I-485 Adjustment of Status. CSPA can be a little complicated, so it’s best to check with an attorney if you are worried about “aging out” in an immigration case.
Next, we got on the phone with USCIS and explained that the Request for Evidence they’d sent on the I-130 was never received. We managed to get a new copy of the Request re-mailed and helped Mr. L respond to it. The I-130 was approved soon after, in December of 2013.
Mr. L filed his Adjustment of Status in May of 2014 as the “child” of a Permanent Resident. Although he was 22 years old at the time, under CSPA we were able to deduct the two years his I-130 had been pending, resulting in an “immigration age” of less than 21. Mr. L received his green card just recently. (Back to Top)
Law Office of Margaret Wong Helps Elderly Woman Stay in Nursing Home
Our client, an elderly German woman, was a lawful permanent resident but had no proof. She had dementia and, according to her social worker, she had lost her green card years ago. In fact, she had nothing at all to prove her status, and was about to be removed from the county nursing home since she was unable to show that she qualified for assistance.
We moved forward in drafting an I-90 application to replace her missing green card and an N-400 application for Naturalization. The I-90 was filed, but our client was unable to attend the biometrics appointment due to a major health crisis! After a few requests to reschedule the appointment, USCIS denied the I-90.
Our office filed a Freedom of Information Act request with USCIS, hoping to dig up some proof of our client’s status. In the meanwhile, the client’s social worker found an expired green card, which we presented to the county with proof that lawful permanent resident cards are still valid even if they are not the most current versions. We also found proof that the client had worked sufficient years in the U.S. to qualify to receive Social Security benefits.
With this in place, the client was able to reestablish her eligibility for benefits and relocate to a new nursing home. She decided not to pursue her citizenship, but once her health recovered sufficiently we were able to reopen her I-90 application and obtain a new, valid green card for her. (Back to Top)
Korean Couple Retain Margaret W. Wong & Associates to Gather "Additional Evidence," Get Green Cards
H. A. and her spouse, both citizens of South Korea, retained our office to respond to a request for additional evidence issued by USCIS for their pending I-485, Applications to register permanent residence or adjust status. H.A., the principal applicant had entered the United States as a student and then she received a job offer as a dental assistant. She pursued a labor certification and I-140 as a skilled worker under sec. 203(b)(3)(A)(i) or (ii) which were approved and subsequently she and her husband filed I-485 applications. Our office responded to USCIS’ request for further evidence in a timely manner arguing that both client and her spouse were eligible to adjust status. Both applications were approved (under COA: E36 and E39) and our clients are now legal permanent residents. (Back to Top)
Native Citizens of China Green Card Status through Self-Petition for Immigrant Worker
Client of national citizens from China and her husband came to Margaret Wong and Associates to assist her in petitioning for an employment-based immigration under EB-11 for “extraordinary ability”. Extraordinary Ability is the highest-level immigration category, reserved for individuals who can demonstrate that they are among the top few percent of experts in their fields, in their home country or internationally. EB-11 is used for athletes and coaches, business and consulting professionals, artists and performers, and researchers in all academic disciplines. Our client fits the description of being a renowned nanotechnology specialist in her field to apply for this category. Moreover, other than applying for employment-based immigration status, client was also looking for permanent residency with her and husband to settle down. We began the filing process by gathering documents from both client and her husband immediately. To note, client optical practical training limitation was fast approaching so we began filing in June of 2014 on the I-140 application to self-petition for non-immigrant status (EB-11) with premium processing (I-907) for a quicker response. Also, application I-485 to adjust status was also filed for both the husband and wife.
A week later due to premium processing, we received the I-140 receipt notice from Texas Services. In a couple days, fingerprint appointment and receipt notices for application I-485 followed for both client and her husband. In two weeks, client I-140 was approved for her to continue working in the United States. In what takes a month and two weeks of filing application I-485 to adjust status to permanent residency, client and her husband were approved of green card status. Client was overjoyed with our diligent work in getting her and husband permanent residency status to live in the US. (Back to Top)
Indian Client’s Journey To Becoming Green Card Holder
Our client, specifically an environmental engineering consulting company based in Ohio, contacted our firm in January 2009 to petition for non-immigrant worker from India. The 28 year old native citizen of India obtained his Bachelor’s and Master’s Degree in in the field of Environmental Engineering. He is well accomplished, even at a young age, in the field of Environmental Engineering with many years of training and experience. Petitioner (an environmental engineering consulting company) was very excited to work with beneficiary (Indian native) so they requested the firm’s help in filing application I-129 (H-1B) petition for non-immigrant worker. We gather all the necessary documents to file this application with premium processing for a quick response. In a couple of weeks beneficiary H-1B was approved, which was valid for three years.
H-1B expiration date was approaching and client came to our firm once more to request our help in renewing beneficiary H-1B status. To our surprise, petitioner wanted to do more than just file the H1B renewal, the petitioner wanted a more permanent stay for the beneficiary in the company. The case worker explained to the petitioner on how the beneficiary can obtain green card status by employer sponsored labor certification through PERM, which is the first step to the green card process. Second, file I-140 Immigrant Petition for Alien Worker. Third, file I-485 Application to Register Permanent Residence. When gathering documents, we explained to the client that to obtain the first step (an approved PERM Labor Certification), the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position. We also gathered supporting documents for the H-1B renewal and for the I-140 and filed them in late 2011. To note, application I-485 was not going to be filed until the I-140 is approved as well as taking into account the priority date in which such application could be filed. A couple weeks of filing we began receiving receipt notices, followed by H-1B approved and valid for one year. In a couple of months after H1B was approved, PERM was approved (ETA certified). Another couple of months of waiting, client finally got I-140 approved.
With client’s I-140 approved, we have to wait for the priority date to emerge in order to file I-485 application to Register Permanent Residence. The client would have to wait for years for quota to open before filing I-485 Application. Furthermore, in this case, client has to keep renewing H1B status. Another year has arrived for the beneficiary to renew H-1B, which he did with our firm once more. H-1B was approved and valid for three more years. To our surprise, it is also the same year that we are able to file client I-485 application. The petitioner is very excited for the beneficiary in making the next big step in becoming a permanent resident in the United States. The client is really pleased and grateful for our firm’s help and expertise. (Back to Top)
Chinese Citizen Journey to Green Card Status
On August 2010, a Chinese client retained our firm to file for her husband green card. In order to do that, we file a Freedom of Information Act (FOIA) to USCIS on track 1 for client I-130 approval notice as well as filing FBI fingerprint to discover as much as we could on client case.
FOIA response came back saying no record was found for the client because the A# that was provided to do the FOIA search for the client did not appear to be his. On client I-94 we checked to see if the A# we provided for the FOIA search is the same, and it was. The only error that we came across on client I-94 was that client name was spelled wrong and so was his date of birth.
We drafted an affidavit for the client to sign and notarize and refile FOIA request on behalf of the petitioner (client’s wife). In the meantime, client fingerprint result came back showing no criminal history. The second FOIA result came back saying that they could not find any records with the information that we provided them.
Our next move was to file an Info-pass because it is taking way too long to get client I-130 approval notice. Moreover, client is an Arriving Alien (AA) and has 245i. We made an appointment for Info-pass for client I-130 approval notice for January 2011. We went to the Info-pass appointment where the officers assured us that they will take a look into our case. We emailed the National Visa Center (NVC) inquiring about client I-130 approval notice and a priority date.
NVC responded with priority date. In mid-January 2011, we went on to file client adjustment of status which is the I-485 application (green card application) and I-765 application (work authorization) without the evidence of showing client I-130 approval notice. In February 2011, we received I-485 RFE (request for evidence) to submit client I-130 approval notice.
It has been 5 months now since we did an Info-pass, so we rescheduled another Info-pass appointment to try and obtain client I-130 approval notice for RFE; no luck there. The RFE deadline is approaching. What we did for this RFE was to argue that client I-130 was approved, that is why we got priority date from NVC. Further, that they should postpone RFE deadline, and we also provided an affidavit (waiting for info-pass response we requested). I-485 RFE is now pending and result from the Info-pass request came back saying that they could not find client I-130 AN.
In June 2011, client was scheduled for an I-485 interview for July. In the meantime, we tried to contact USCIS about approving client 1-765 work authorization before the interview. We found out that the clock ran out and was reset for 90 more days before client can receive his work permit, due to the request for evidence.
Interview date came and Francis Fungsang, the case attorney, prepared the husband and wife for the interview and accompanied them to their I-485 interview with USCIS in mid-July 2011. Mr. Fungsang explained to the officer the error on client I-94 form (A# and DOB), and the fact that it caused a problem to obtain client I-130 approval notice along with other complaints mentioned in the interview. The court looked into these complaints.
With the courts help, Mr. Fungsang was able to reach out to DOS for them to release client I-130 approval notice. We send all RFE requested to USCIS in order for them to resume reviewing client’s I-485 application.
In august 2011, we received client I-765 RFE for birth certificate to verify his actual date of birth. We field RFE immediately and client got his work permit the next month which was valid until 2012.
It’s about a year and 6 months and I-485 is still pending and it’s about that time to renew client work permit. So we filed an EAD (I-765) in June and got it approved in August. Finally the day came when client’s green card was approved, which was in mid-December 2012. The entire process was very rough for a while, which took 1 year and 11 months to overcome. But the end result paid off and the client and his wife was overjoyed and thankful to the firm for a job well done. (Back to Top)
Korean Man Marries US Citizen, Divorces, Brings Second Wife from Korea, They Both Get Green Cards
Margaret Wong and Associates was retained by a 40 year old Korean client in order to assist with the Green Card application process. The client was married to his United States citizen wife but ended up getting a divorce.
The client returned to the United States with a new wife. While waiting for his trial for the priority date, we helped our client file for his work permit each year. During this time, the client's priority date became current, and we worked with the Department of Homeland Security and the Office of Chief Counsel to terminate the case with immigration court. With all of the firm’s hard work, dedication, and knowledge of the law, the case was terminated. Even with the complicated issues with the client’s prior marriage, we appeared for an interview with USCIS and were able to argue and find correct case law relevant to the case which made the USCIS agree and approve our client’s green card application. With a big relief of stress off our client’s mind, he is able to now focus on building a better life for his family. He now lives in Georgia and has gainful employment. Without the help of Margaret Wong and Associates, it would be hard to say if this hard working man from Korea would have ever been able to obtain his green card and build a better life for himself in the United States.
Immediately after been approved of Green Card status, client came to Margaret Wong and Associates once more to file his wife’s Green Card application. We gathered the necessary documents and began filing right away. Not only did we file for adjustment of status (Green Card), we also filed for her work permit so that client could work while her application to adjust status is pending. A couple weeks later, we received receipt and fingerprint notices for both applications. Our client complied with appointment date to do her fingerprinting. In a couple of weeks, client was approved work permit, while to adjust status was still pending. We continued to help our client each year to renew her work permit until adjustment of status can be approved. (Back to Top)
Green Card Approved for Chinese Spouse after Difficult Interview in Sacramento, Large Age Difference and Multiple Prior Marriages
Mr. D and Ms. G, both Chinese nationals, first met over ten years ago in China. They formed a friendship, and promised each other that if ten years went by and they were both still single and still friends, they would get married.
Fast forward to 2014. Ms. G came on a tourist visa to visit Mr. D in the U.S. and, as it turns out, they were both still single! They visited a fortune teller who advised them to follow through on their plans and marry immediately. Romantic, but slightly problematic. Normally there’s need for caution when an individual enters as a tourist and then immediately marries and applies for a green card. This could be deemed a violation of the terms of the tourist visa – which is strictly for temporary visits and should not be used by anybody who enters with the idea of staying permanently.
So Mr. and Mrs. D hired Margaret Wong and Associates to process Mrs. D’s green card application. Besides the issue mentioned above, they were also concerned because the couple had a large age difference (Mrs. D being the younger) and this was Mr. D’s third marriage.
Attorney Joseph Fungsang carefully prepared the couple for their USCIS interview in Sacramento. He helped them collect proof of the bona fide nature of their marriage, including (among other things) a large photo album of the couple over the course of their 10+year relationship. He helped the couple clarify that Mrs. D had not entered the U.S. with the intention of marrying, but that it had come upon her suddenly after she arrived. Still, the interview was tense. The USCIS officer seemed skeptical. He asked many, many detailed questions about their history together and told the couple he could not make a decision immediately.
Three anxious months later, Mrs. D’s approval notice arrived. With the help of Margaret Wong and Associates, this couple was able to navigate a very difficult marriage-based green card case! (Back to Top)
Man from China Eligible to Adjust Status Based on “245(i)” Status Get Green Card
Client and his wife visited our New York office for a consultation on how he can apply for a Green Card. Client is a citizen of China and his wife (of Chinese descent) is a U.S. citizen. He had lived in the U.S. for24 years without any documentation. Our lawyers recognized the client was eligible to adjust status based on his “245(i)” status; meaning that he had a specific type of petition filed for him before April 30, 2001. This made him eligible to apply for a Green Card based on his marriage to a U.S. citizen despite the fact that he entered the U.S. without any visa or inspection by an immigration officer.
Client told us that he was previously ordered deported in 1997 by the Immigration Judge. Also in 2003, he was picked up by ICE and spent 16 months in immigration detention. To further understand his case, we immediately filed a FOIA request with Immigration Court and with USCIS to research his immigration background. We received over 1100 pages in our response back from the FOIA request and noticed the Client had 2 Alien Registration Numbers (“A-numbers”). We carefully looked into the origins of the A numbers and diligently filed a Joint Motion to Reopen with New York Chief Counsel’s office. Client’s case was reopened within 3 months. The Immigration Court terminated the case after another 3 months, which allowed our office to file his application to adjust status with USCIS. Client was able to receive his physical Green Card in the mail within 8 months of filing after that point.
After 24 years without status in the U.S., client is elated with be able to stay in the U.S. with his family. (Back to Top)
Corporation Wants Employee to Have Green Card
A corporation that works in Product Lifecycle Management (PLM) consulting hired us to work on one of their employee's PERM I-140 and Green Card. The employee was already on H-1B, which our office worked on as well.
The alien is a Senior Manager in PLM Systems and has a Masters degree. He is a very valuable employee to the company. Our office filed the PERM on August 26, 2013, after the ads ran and no qualified workers were found. The PERM was approved on April 4, 2014. Then we filed I-140 and I-485. Since the alien was born in Libya, his PD (priority date) was current, and the 485 was processed and approved on March 2, 2015. (Back to Top)
Emotional Approval For Chinese National in U.S. Without Status Over 20 Years
Mr. Y first came to the U.S. in 1993. He came on a C “transit” visa, meaning that he was only supposed to stay in the U.S. briefly in order to catch a connecting flight and continue home to China. But while in the airport, Mr. Y had second thoughts about returning to China, which was in the midst of political turmoil. So he walked out of the airport with hardly a thing to his name.
Mr. Y then fell into the hands of shady immigration practitioners. An asylum was filed on his behalf, then withdrawn. He was placed in removal proceedings, and his representative took voluntary departure on his behalf. Then another attorney filed a labor certification for him through his employer, but Mr. Y found that he could not pursue his employment-based green card any further due to his prior immigration history. Through it all, Mr. Y had very little idea of what was going on in his case. The people representing him didn’t explain much but always demanded more money, promising him that everything was going well. He hadn’t even known he had been given voluntary departure until the attorney processing his labor certification told him.
Gradually Mr. Y worked his way up from nothing. He worked in restaurants, then opened his own. He married a U.S. citizen and had a child. But the shadow of his immigration past hung over him.
Attorney Allison Chan took on Mr. Y’s case. She filed a Joint Motion to Reopen and Dismiss Mr. Y’s old proceedings with the Immigration courts. The motion was granted, and she filed an I-130 and I-485 Adjustment of Status based on his marriage to a U.S. citizen.
Mr. Y’s marriage-based interview took place in February 2015 at the L.A. USCIS. Attorney Rebecca Tseng attended the interview with Mr. Y and his wife. Ms. Tseng reported:
While we were waiting for the interview, Mr. Y confided in me that, ever since he arrived in the U.S., he had been scammed and cheated by immigration “practitioners.” It had made him reluctant to try to fix his situation. Maybe he would just get cheated again. Then he came to us – we did what we promised, he said. We got his removal proceedings reopened and dismissed, and now we got him to the CIS interview. I was touched to hear his trust in us. And then we waited to be called. We talked about the restaurant business, and the cost of tuna for sushi, and we shared photos of our kids. I could tell Mr. Y was anxious, and I kept him talking, trying to take his mind off what would happen next.
Mr. Y was very nervous in front of the immigration officer. He totally shut down, even though the questions were routine and what we’d rehearsed. The interpreter had to repeat questions two or three times, and even poke him to remind him to answer. Finally the officer said “well, let’s do this,” and she handed Mr. Y a piece of paper. He slumped down in his chair. I had a moment of panic – I expected an approval, but why was Mr. Yang suddenly so lifeless? Was it something bad? I looked over his shoulder and saw the words “congratulations, your application to adjust status has been approved.” I squeezed Mr. Y’s shoulder and said, “that’s it, that’s your Green Card.”
We all collected our things and got ready to leave, except for Mr. Y, who still sat motionless in his chair, the approval notice dangling from his hand. Then he shot up and practically ran from the room ahead of us, into the hallway and towards the elevators. In the hallway he collected himself, and I could see that he was struggling against tears. Mr. Y seems like a very strong and stoic man, but I think it took everything he had to contain himself at that moment.
Every day our office gets Green Cards approved for our clients. We see so many of them that one might think they’d become routine. Yet they never do. Each approval is a life-changing event, as it surely was for Mr. Y. (Back to Top)
Naturalization and Permanent Residence are Key to One Mexican Family
If you weren’t aware, applying for naturalization when you have criminal issues can be a touchy matter – even though an individual is a green card holder, it is still possible to get deported for certain crimes. Sometimes these crimes come up during an application for citizenship. Imagine going to the USCIS to attend a naturalization interview, only to find ICE waiting there to pick you up and deport you! That’s right, if you have any criminal issues, it’s essential to enlist the help of a good attorney for naturalization.
Mr. V, of Mexico, has been our client for many years. In 2007 we helped him apply for Naturalization. Mr. V was concerned because he had a prior criminal record.
But for Mr. V, the reward was worth the risk. He wanted to apply for permanent residence for his wife. So with our help, Mr. V successfully navigated his naturalization.
Our office then applied for his wife’s green card and, even though Mrs. V had entered the U.S. illegally, we were able to invoke Section 245(i). We helped Mrs. V show that an immigrant petition had been filed on her behalf prior to April 30, 2001 and that she was physically present in the U.S. in December of 2000. Applying for permanent residence was a life-changing experience for Mrs. V. For the first time, she had a U.S. Social Security number and a driver’s license. Her green card was quickly approved, and the V family now contains a proud U.S. citizen and a lawful permanent resident. (Back to Top)
After Divorce, Indian man receives Green Card
Our client, Mr. P, a man from India sought our help in applying to remove the conditions on his green card, which he obtained through his marriage to a US citizen. While Mr. P had been very much in love with his wife, their marriage fell apart and they divorced. Mr. P, depressed from the dissolution of his marriage still wanted to remain in the US. We filed an I-751 petition to remove the conditions on his green card and an attorney accompanied him to his interview with USCIS. Due to the untimely demise of his marriage, we received an RFE for the I-751 because USCIS did not believe that Mr. P entered his marriage in good faith. We asked Mr. P’s ex-wife to write a letter explaining that their marriage was legitimate but had unfortunately ended. We also helped Mr. P write a detailed affidavit in which he gave more information about his ex-wife, his marriage, and why it ended. Soon thereafter, the I-751 was approved. Mr. P is still recovering from his divorce but is happy to be a permanent resident. He is studying English and Civics for his naturalization test and hopes to become a US citizen soon. (Back to Top)
Naturalization Denied Israeli Woman; Renews Green Card, & Will Soon Reapply for Naturalization
An Israeli woman, legally permanent resident in the USA, had been our Client nearly 20 years ago – we helped her get her Green Card – wanted to become a citizen, as her current Green Card was due to expire. So she applied for naturalization (N-400), but she was denied. She definitely wanted to continue living in the USA for years to come, so she hired Margaret W. Wong & Associates in April 2014 to help her renew her Green Card (I-90, Application to Replace Permanent Resident Card).
When truly nothing is amiss, the process is relatively quick. Within two days, we filed the I-90, and 10 days later received the Receipt Notice (RN). Only a few days after the RN, we received the Fingerprint Notice (FN), which was scheduled two weeks out at a location near the Client’s home. USCIS took another six months to process the application, and we received the Acceptance Notice in January 2015. In all but actual receipt of the new Green Card, the client’s application for Green Card replacement has been approved. We informed the Client in October she could refile her N-400 anytime, and we’d assist her in preparing for the interview, so nothing would be out of order, and Immigration would have no reason to deny her again. Our Client is eager to become a citizen. (Back to Top)
Chinese Nationals Win Green Cards through Self-Petition for Immigrant Worker
A well-respected nanotechnology specialist and her husband, both Chinese Nationals, came to Margaret W. Wong & Associates to assist her in petitioning for an employment-based immigration under EB-11 for her “extraordinary ability.” Extraordinary Ability is the highest-level immigration category, reserved for individuals who can demonstrate that they are among the top few percent of experts in their fields, in their home country or internationally. EB-11 is used for athletes and coaches, business and consulting professionals, artists and performers, and researchers in all academic disciplines. Our Client easily fit the description of being a renowned nanotechnology specialist in her field. Moreover, other than applying for employment-based immigration status, our Client was also looking for permanent residency for both herself and her husband to settle down.
We began the filing process by gathering documents from both the Client and her husband immediately. We were tight on time: our Client's optional practical training (OPT) limitation was fast approaching. So we began filing in June of 2014 on the I-140 application to self-petition for non-immigrant status (EB-11) with premium processing (I-907) for a quicker response. We also filed I-485 applications to adjust status for both the wife and husband.
A week later, due to premium processing, we received the I-140 receipt notice from Texas Services. In a couple days, fingerprint appointment and receipt notices for application I-485 followed for both our Client and her husband. In two weeks, our Client's I-140 was approved for her to continue working in the United States. Within approximately six weeks of filing application I-485 to adjust status to permanent residency, our Client and her husband were approved of Green Card status. Our Client was overjoyed with our diligent work in getting her and her husband's permanent status to live in the US. (Back to Top)
Marriage-Based Green Card with a Criminal Conviction in Columbus, Ohio
We were hired by a young couple who have been married for four years. The wife is a U.S. citizen through her birth in Puerto Rico. Her husband is a Mexican citizen who came to the United States on a visitor visa when he was only 10 years old and stayed in United States ever since. They have two children and recently became pregnant with their third child. When the husband just turned 18 years old, he was charged with a serious crime. But he ended up pleading guilty to a lesser offense.
The conviction was not a disqualifying crime for getting a Green Card, so we filed for their I-130 and I-485 applications and included the certified copy of the criminal record to get his Green Card. They had their immigration interview for the Green Card in Columbus, Ohio and were prepared and accompanied to the interview by Attorney Bao Q. Nguyen. Everything went well except that the immigration officer could not find the certified copy of the criminal record in his file. We were able to convince the officer that the conviction was not an issue for qualifying to get a Green Card. So he provided a request for evidence to re-submit the record since he had to have a certified copy of the criminal record in order to make a decision. We had to get a new certified copy from the Court again to resubmit it. We submitted the record and the husband received his Green Card a few weeks later. (Back to Top)
Marriage-Based Green Card in Cleveland
A Chinese citizen came to the U.S. to visit and tour the area, with her visitor visa. While visiting the Chinatown area of Cleveland, she met her future husband. They would see each other at the store in the area a few times and finally started talking to each. They soon began dating and entered into a serious relationship. The husband, who is a U.S. citizen, even went to China to visit her family to begin taking the next more serious steps in their relationship. They had thought about marriage but were not yet ready to get married. When they returned to the United States, unfortunately, the Customs and Border patrol officers gave the Chinese citizen a hard time questioning them both because when she enters the U.S. with a visitor visa, she has to have an intent at that time to be visiting, not to stay permanently.
While they thought they would get married, at that time, marriage was not in their plans. However, that incident actually caused them to reevaluate their relationship, and they decided that they wanted to get married. So they married a few months later and then the husband filed for his wife to get her Green Card. They had their interview with an Immigration officer in Cleveland and were prepared and accompanied by Attorney Bao Q. Nguyen. The husband was interview by himself first and then they brought in the wife later. Everything went well. However, after the interview, immigration officers visited the home and asked the husband some more questions about their relationship. He answered honestly and the officers then left. Not long after, the wife’s Green Card was approved. (Back to Top)
Green Card for Chinese Couple with US Citizen Daughter
Our clients, a couple from China, had come to the United States legally in the early 1990s. The wife had her proceedings terminated by an immigration judge while the husband had fallen out of status. They had a US Citizen daughter who had just turned 21. We filed the I-130 relative petition along with an I-485 application to adjust status to permanent residency and an I-765 application for work authorization for each of them. The work permits were quickly approved within a couple months. The I-130 and I-485 took a little longer, but within eight months they were also approved, without an interview. The couple is grateful to have legal status and a sense of stability in their lives. (Back to Top)
Cross-Chargeability Reduces Indian Computer Engineer’s Wait Time
Mr. D.S., of India, first came to our firm in November of 2011 with an H-1B transfer case. He had joined a new company in the field of computer engineering, and needed an updated H-1B filed through his new employer.
One year later, in November of 2012, his new employer agreed to sponsor him for permanent residence. We filed his PERM labor certification under the EB-2 category. The PERM was quickly approved, and the I-140 Immigrant Petition and Adjustment of Status were subsequently filed. Mr. D.S. and his family received their Green Cards just a few days ago.
“Wait a minute,” you might be saying. “Mr. D.S. is from India. Even if he is in the EB-2 category, there is still a backlog of around five years for Green Cards. How did he do it in less than two?”
Each year the Department of State makes a limited number of immigrant visas available. These visas are divided up based on country and type. India, China, Mexico and the Philippines tend to have more applicants each year than there are applicants available. This creates a backlog of cases and waiting lists of many years – in some cases applicants have been waiting over 20 years for their cases to become current!
Well, astute reader, it happens that Mr. D.S. is from India but his wife is not! She was born in a tiny island country that I had to google to find on a map. We were able to “cross-charge” the family’s immigrant visas to the wife’s country of birth, instead of India. Meaning that, even though the PERM labor certification was filed under Mr. D.S.’s name, we successfully filed the family’s final green card applications under Mrs. D.S.’s country of birth, thus avoiding the Indian backlog.
Congratulations to Mr. D.S. and his family! (Back to Top)
Chinese Native Approved for Green Card
A 43 year old women from China came to Margaret Wong and Associates for help in January 2013 seeking help in applying for her green card. Her husband is a U.S. citizen. She and her husband were previously married to each other, divorced, reconciled, and married each other again. Client has 3 entries in total to the U.S, which she entered legally: 1) 1998 as C1, overstayed, left in 12/2007. 2) 05/2012 as B2. 3) 09/2012 as B2. Before client B2 reached its expiration date, we immediately filed application I-130, I-485, I-765, and I-131 for the client in February 2013. In April client application for employment (EAD) was approved, which meant our client could work legally in the meantime for her I-485 to be approved. In about four months client was scheduled for an interview. William Low, the case attorney, prepared the husband and the wife for the interview and accompanied them to their I-485 interview with USCIS in mid-July 2013. Client I-130 was approved in July and a month later so was client I-485 application. The entire process took 8 months and the family was very happy with our diligent work and service. (Back to Top)
Nigerian Mother Becomes USC But Not Son; We Fought for His Asylum and Won His Green Card
Our Client's mother had become a United States Citizen after having come to the US from Switzerland on a labor certification. They were living in Georgia. Her son, born in Switzerland, but a Nigerian citizen, came to the US with a student visa F-1, but didn't maintain his status. When they came to us, they feared he would be sent back to Nigeria. Immediately we knew that would not be good. This young man had never lived in Nigeria, having grown up in Switzerland where his mother worked, and schooled and worked the US since his 19th birthday. Nigeria at the time was a violent place, especially directed at foreigners or those deemed foreign -- we knew he must apply for asylum. We worked with the client to gather all his life documents, his life story, and we gathered as much information as we could about current conditions in Nigeria. We submitted the I-589 Asylum with 10-year cancellation within two months of learning of his plight. We received the fingerprint notice and the receipt notice. The client got his fingerprints, and then received his interview notification. The interview would be close to home. The interview went very well. There was good rapport between the officer and our client. His asylum was approved. But our job was just half over. We needed to prepare the I-485, the application to adjust status to permanent resident. We need supporting documents like before, as well as the 42-B and 765, and worked with client to gather two photos, the medical exam report, and sign the G-28, G-325A, I-485. Within a year of receiving the asylum notice, the I-485 was filed. Four months later, we got an I-485 RFE (Request for Evidence). We had to submit the G-325A, the biographic information form. And it had to be submitted within 84 days. We had the RFE response in the mail with in 10 days. Four months later, the I-485 AN Acceptance Notice came in. It's always wonderful news: "This is to notify you that your application for permanent residence has been approved. It it with great pleasure that we welcome you to permanent resident status in the United States." Our client got his Green Card. (Back to Top)
Imm Officer Mistake Corrected; Aerospace Engineer and Family Win Green Cards
Our firm was able to successfully obtain a visa for our client, a native and citizen of Japan, in the extraordinary ability employment based category. The client then retained our services to assist with the filing of an application for green card for himself and his wife. This highly talented aerospace engineer has an old criminal conviction for fleeing police. He was ordered to pay a fine of $300. At the interview, the officer stated that this conviction would prevent our client from obtaining his green card. Our attorney was able to discuss the matter with the officer and in doing so, learned that the officer misread the sentencing sheet and thought our client was sentenced to 300 days in jail instead of $300. Ultimately the immigration officer agreed with our attorney that this conviction should not bar our client from permanent residency. The officer approved both applications and our client and his wife are now permanent residents of the United States. (Back to Top)
We Correct Another Law Firm's Poor Timing, Win Client's Green Card
Our client is the 23 year old women from India who has been living in the United States for many years as a derivative of her mother’s employment based non-immigrant visas. Eventually the mother became the beneficiary of an approved I-140 petition with which she could apply for her green card and her family could apply as derivatives. Another law firm represented the family before they came to our firm and that firm failed to file the family’s green card applications prior to the daughter turning 21 years old. Everyone in the family was able to get their Green Cards except this one daughter. The family came to us to see if there was anything we could do. We re-filed the daughter’s green card application with USCIS in conjunction with evidence that the daughter was unable to file her application prior to turning age 21 because of the errors of the prior attorney, an abusive relationship she was in at the time which lead to emotional instability, and extreme financial troubles. USCIS considered our client’s circumstances and approved her green card application. The family is extremely happy and can continue to live together in the United States without fear of their daughter being separated from them. (Back to Top)
Indian National Receives Green Card After Years of Waiting
Sometimes waiting is the hardest part. Mr. P first came to the U.S. on an H-1B visa with his wife and two teenage children. After working for his employer as a chemist for a few years he decided to pursue a green card. Unfortunately, even though Mr. P is a Canadian citizen, his wait time for a green card was still determined by his (or his wife’s) country of birth. For Mr. P, who was born in India and has a master’s degree, this meant a lengthy wait in the Indian EB-2 (employment-based, second preference) category.
Almost everybody from mainland China, India, the Philippines or Mexico knows what these wait times are and how long they can be. Green Cards are doled out each month based on the applicants’ country of birth and the type of green card being requested – and often, there are more people requesting Green Cards than there are green cards available. The four countries listed above tend to have the highest number of applicants… and so the waiting begins.
The U.S. Department of State keeps track of wait times on its monthly “Visa Bulletin” (google it and you should find it easily, or visit www.travel.state.gov and look for it there). On this bulletin, the Department of State keeps track of who is currently eligible to “adjust status” and receive their Green Cards based on their priority date (the date they first filed a Labor Certification or immigrant visa petition, such as an I-130 or I-140). If you check out the Visa Bulletin for October of 2014, you can see that green card hopefuls in the Indian, EB-2 category who first started the green card process in May of 2009 are currently eligible to adjust their status and receive their Green Cards. That’s over five years of waiting!
This waiting is hard on many applicants. They may wish for greater mobility in their employment or personal lives. They may want to petition for other relatives or begin working towards their citizenship. They may just want the waiting and the uncertainty to end! For Mr. P, there was another wrinkle: his two children would soon be turning 21 and would no longer be considered “children” for the purposes of immigration.
We filed Mr. P’s PERM Labor Certification in December of 2008, thus establishing his priority date. It took nearly a year before the PERM was approved in late 2009. Unfortunately, by then Mr. P’s oldest child had already turned 21. As soon as the PERM was approved we filed Mr. P’s I-140 Immigrant Visa Petition. Mr. P’s priority date became “current” in January of 2012 and our office filed I-485 Adjustment of Status applications for Mr. P, his wife and his younger child.
And then retrogression struck. Waiting for priority dates is frustrating enough, but sometimes the Department of State actually adjusts waiting times backwards – meaning that individuals who have current priority dates one month suddenly find themselves back in line, waiting again for months or even years more. This was the case for Mr. P, who again found himself facing years of waiting. Even worse – in 2013, with his family’s green card applications still pending and backlogged, Mr. P’s younger child turned 21.
Fortunately our law office was able to apply the Child Status Protection Act to Mr. P’s case. Based on the CSPA, his younger child was still considered a “child” for immigration purposes, even though he had turned 21 while waiting for his green card.
Mr. P’s priority date finally became current again and his green card was approved in September of 2014 along with his wife’s and son’s. It took nearly six years! Throughout those years our office worked closely with Mr. P, and it feels like a personal victory to see him receive his green card.
We advise all individuals applying for Green Cards to check out the Department of State’s monthly Visa Bulletin and become familiar with it. Make sure you understand what category and country you fall under, and be aware of the wait times you might face. It can have a huge impact on your case. If you are uncertain of your category, please contact our office and we can assist you. (Back to Top)
Latvian Engineer Granted Permanent Residency After Long Wait in the EB3 Category
We were retained by a company that specializes in tool making. They are a large company who had an H-1B worker from Latvia in an Automation Engineering role. While we also worked on the aliens H-1B's we also filed for his labor certification on January 21, 2010. Then his I-140 and subsequent green card once his priority date became current. On February 3, 2014 we filed the I-485 for the alien and his wife to USCIS. His priority date stayed open the months after and was approved on July 28, 2014. The alien was very pleased of the approval and the work our office had done for him. (Back to Top)
Despite Losing I-94, Client Approved for Green Card
Our client, a native of Ghana in her 30s, came to our office in July 2012 seeking help with her application for permanent resident status. She had come to the US on a visitor visa in the 1990s and was now married to a US Citizen and had a child with him. She had an approved I-130 petition and had filed an I-485 for her green card. However, she had lost her original I-94 and was sent a request for further evidence (RFE) after her I-485 interview.
We decided to refile the I-485 which included affidavits from the client’s aunt, who had driven her to the airport in Ghana when she left for the US, and her friend who picked her up at the airport when she arrived. With the information our client gave us about her arrival in the US, we were able to file an I-102 application for replacement of the original I-94.
An attorney from our firm accompanied our client and her family to her I-485 interview with USCIS. Within a month, we had received notice that our client was approved for a green card! Our client and her family were grateful for all the hard work the attorneys and staff at Margaret Wong & Associates put into her case. She is happy to have her immigration status resolved and move on with her life in the United States. (Back to Top)
Global Corporate Client's Employee & Family Get Green Cards
Our corporate client is a US company with operations around the world. Their foreign born employee manages aspects of global operations, and is a valuable member of the company's team. The company alerted us that their employee's request to turn an H-1B and family visas into three Green Cards was denied. The initial I-485 Application to Register Permanent Residence (the Green Card Application) had been handled by another attorney. Our firm is known for winning cases other attorneys lose. Within ten days we filed the MTR (Motion to Reopen). We were told we had missed the deadline, but could file a Nunc Pro Tunc (a filing past the deadline). They were wrong-- they had the date wrong, so we filed anyway, days before the actual deadline, and the forms were received with a few days to spare. With the forms submitted and approved, we prepared our client for his Green Card interview. As we sat down with him and his family, we asked them a series of questions the immigration officer would ask. About four months later, the client successfully obtained Green Cards for his family. (Back to Top)
Indian Man Thwarts Attempts at Deportation and Wins Green Card
Our client in this case was an Indian man whose previous attorneys had failed to win his case and subsequently had a final order of removal. Our law firm frequently handles -- and wins -- cases like this one, in which other law firms have failed, so our lawyers were not deterred by the failure of the client's previous attorneys. In this case, our client's wife and daughter are U.S. Citizens. He had a brother in the U.S. who was also a client of ours, and a mother in India. With these facts in mind, we began our work on this case by thoroughly explaining to our client our strategy to reopen and win his case. Our client was initially uneasy. He was afraid of the travel that would be required of him to attend a hearing because he did not want to travel without an ID. But we informed him that his presence at a hearing would most likely be necessary. We reassured him that despite the risk, our every action was done for the good of the case, and our work on the case continued.
As we worked to prepare our motion to reopen, it was discovered that the client had been involved in a criminal case concerning a fraud conviction. Upon further investigation, we found that the client had no record of this fraud conviction on file because, as a representative of the county court explained, as a first time offender our client got an accelerated rehabilitation disposition, which confers no conviction, no jail time, and an expungement of the record in question.
We had requested that our client provide us with documents that we needed for his case, with which he complied, and it was found that he was missing tax returns from three years back, as well as his IRS transcript. We recommended that he file his taxes as soon as possible. To further help his case we recommended that he obtain letters from people attesting to his moral character, particularly his qualities of dependability, honesty, good family relations, and hard work. Our client obtained the letters we asked for, but struggled to pay and file his taxes. Though his progress with his taxes was slow, he was able to whittle away at the issue, and he managed to complete the task. We filed our Motion to Reopen the client’s case with the Board of Immigration Appeals, who granted the motion and remanded the case to the Immigration Court.
Now that the client’s removal order had been reopened, we prepared our argument and documents to prove that he is eligible to adjust status. Based on these arguments, the immigration judge terminated the client’s removal proceedings and further remanded his case to USCIS. We then filed the client’s green card application with USCIS. Though we had prepared our client for his interview with USCIS, the interview was complicated by the client's incomplete medical forms and other defective documents. The ISO requested more sufficient documents from the client, and our efforts redoubled. Through multiple requests for evidence, our lawyers continued to work diligently on the case, contacting the client's previous attorneys for original copies of the defective documents, and further investigating the client’s criminal matter.
This case was complicated by several factors: criminal activity, defective documents, inconsistencies and errors filed by the previous attorney, and a delay in paying and filing taxes. Despite it all, our law firm worked tirelessly to help our client stay in America with his family, and to achieve his dreams here. Sure enough, our hard work and perseverance were rewarded on June 12, 2014, when our client's application for a Green Card was approved. In the face of the difficulties we encountered, we won the case and won our client his green card. We congratulated him, and wished him all the best for his new life in America. (Back to Top)
UK Soccer Coach Seeks Career in US; Finds Love and Green Card
Working closely with the human resources department of a nationally recognized college, we assisted their employee, an exceptional college soccer coach. The coach had entered the United States from the U.K. on a college sports scholarship nearly twenty years ago as a student. He was offered a coaching position at a college, and our firm assisted in obtaining his H-1B nonimmigrant employment visa. Later, after he had completed the maximum six years of H-1B employment, he considered a change of status to an O-1 Extraordinary Ability Visa, but then decided to change it to an F-1 Student Visa so he could pursue a Master’s degree in Education.
While engaged in his studies, our client also got engaged to his long-time girlfriend, who is a United States citizen (USC), and they soon wed. After eighteen months of wedded bliss, our client's wife asked us to file the I-130, Petition for Alien Relative, which is the request a USC may make for permanent residency status and a Green Card for their foreign born family member. This process also includes the I-485 Application to Register Permanent Residence (the Green Card application), I-765 Application for Employment Authorization, and in this case, the I-131 Request for Travel Document. This was excellent timing, because our client completed his Master’s degree.
The client was concerned. He had several criminal citations that he was afraid could make him ineligible for permanent residence. We analyzed his records and determined that those offenses should not prevent his adjustment of status. In addition, he anticipated having to travel to the U.K. on business -- would he be permitted to? We were glad he told us, because this process could indeed preclude travel. We advised we couldn't guarantee it, as the travel documents generally require 90 days, and this was within that window. The advance parole AN (Approval Notice) came back ten days prior to his trip. He was good to go. We made sure his interview was scheduled after his return, and he had a wonderful interview. His Green Card was approved. (Back to Top)
Brazilian Native Approved for Green Card
A 47 year old woman from Brazil came to Margaret Wong and Associates in January 2014 seeking help in applying for her green card. Her husband is a U.S. citizen. She and her husband were previously married to each other, divorced, reconciled, and married each other again. In between their two marriages, she had married and divorced another man. She had previously applied for a green card but was denied. Since then, she has lived in the U.S. for many years without lawful status and with no criminal record. We filed her green card application at the end of January 2014. Less than three months later, the client received her interview notice. Francis Fungsang, the case attorney, prepared the husband and wife for the interview and accompanied them to their I-485 interview with USCIS in mid-April 2014. The client’s green card was approved one week later. The entire process took less than 4 months and the family was very happy with our diligent work and service. (Back to Top)
I-730 Asylee gets Green Card after filing Mandamus
A Chinese native retained our firm after experiencing difficulties in obtaining a green card. Our client had previously filed for an I-730 asylee relative petition, as her husband had already received legal status as an asylee. However, the application remained under review for over five and a half years. In search of justice our attorneys filed a mandamus action law suit in order to assure that immigration services adjudicated our client’s application in a swift manner. Soon after winning the suit, immigration services granted our client temporary legal status in the United States and the ability to adjust that status to permanent residency in the following year. Thanks to the diligent efforts of Attorneys Margaret W. Wong and Scott E. Bratton, our client is safely able to reside with her husband here in America. (Back to Top)
After Appeal, Chinese National Granted a Green Card
A native of China entered the United States under a non-immigrant B-2 visa several years ago. The client then resided in the United States under an employment-based visa. The client’s eligibility for legal permanent resident status expired, and was denied continuation of his proceedings to obtain a green card on the grounds that his initial employment-based visa was void due to the lack of proof of sufficient employment standards by his employer. The client sought consultation from Margaret W. Wong & Associates, and soon after hired the firm to work on his case. After carefully reviewing the case, Margaret Wong of Margaret W. Wong & Associates filed a motion to reconsider the case to the Board of Immigration Appeals. Soon after, the firm was able to schedule an I-485 interview to obtain a green card, and later the firm received notice that the green card was approved. The client was satisfied with the result and Margaret W. Wong & Associates was pleased to assist. (Back to Top)
Chinese national approved for green card
A Chinese national now in his 40s retained our firm nearly ten years ago to assist him in his immigration case. At the time, the client was married and his wife had recently given birth to a daughter in China. We filed an I-485 petition for permanent residency at the same time. However, due to immense backlogs for Chinese citizens, it took over seven years for a priority date to become current. Thankfully, the client and his family were patient and in 2012 he went to his interview with USCIS and was approved for a green card. In five years, he can apply for US citizenship. (Back to Top)
Non immigrant who stayed in the US beyond his legal stay gets green card approved based on marriage
A native and citizen of Malaysia entered the United States under a B-2 nonimmigrant visitor visa many years ago. He had been living in the United States past the time he was given to stay lawfully. This individual married a United States citizen wife and became firmly connected with his community and this country. He wanted to know if he could get lawful status in the United States. He contacted and set an appointment to consult with Margaret Wong at Margaret W. Wong & Associates. After the consultation he hired the firm to work on his case. An application for a green card was filed on his behalf. Shortly after, an interview notice was sent to him for an interview in New York. An attorney from the firm prepared him for the interview and attended the interview with him. After the interview, the firm and this citizen of Malaysia received notification that his green card was approved. He was very happy with the result. Margaret W. Wong & Associates was glad to assist another client in achieving their dreams. (Back to Top)
Indian approved for Green Card
A native of India had applied for a green card for his mother. United States Citizenship and Immigration Services (“USCIS”) issued a notice of intent to deny her green card application because the agency stated that she did not prove that she was inspected and admitted into the United States. This Indian national was distraught and needed help. Thereafter, he sought out and consulted with the law firm of Margaret W. Wong & Associates. After being given a detailed explanation of his situation and how to address it, he retained the firm to respond to USCIS. After hard work and preparation by the attorneys and staff at the firm, a response was filed. USCIS agreed with the firm’s position and approved his mother’s green card application. This Indian national was extremely happy and so was his mother who could now be with her son in lawful status. Margaret W. Wong & Associates was glad to assist another client in a tough situation. (Back to Top)
Green Card Approved by USCIS for Kenyan After IJ Court Proceedings Terminated
A native of Kenya was in Immigration proceedings and needed help in her. She had Immigration proceedings in the Seattle, WA Immigration Court. This individual came to Margaret W. Wong & Associates for consultation. After explaining to her in detail a plan for her case, she retained the firm. The firm recognized that she was married to a United States citizen and that she had lawfully entered the United States. A petition for an alien relative was filed as well as a green card application with the Court. The petition filed by her husband was approved and thereafter the firm pushed to terminate her case with the Immigration Court. The Judge and the Government agreed and her case was terminated from Court. This was, however, not the end of her immigration matters. She still had to continue with her green card application with United States Citizenship and Immigration Services (“USCIS”). The firm prepared this individual for her interview. The Officer found that she had been customarily married in Kenya previously but she claimed that the marriage had ended. The Officer explained that he needed additional information showing that the marriage ended. After the interview, the firm discussed the documents that needed to be collected. This individual collected the documents. The firm filed the documents with USCIS and shortly thereafter her case was approved. Now she has a green card. She was extremely happy to finally be done with a process she was in for several years. The law firm of Margaret W. Wong and Associates was happy to assist another client in achieving their dreams. (Back to Top)
Canadian physician Gets Green Card under EB2
A Medical Practice of Doctors located outside of Cleveland retained our firm to sponsor a greencard for a doctor specializing in obstetrics and gynecology from Canada they wished to employ. The doctor was already working in the US on an H-1B employment visa for professionals. We filed the PERM and were able to get the certification in a few months. Soon thereafter, we then filed the I-140 petition under the EB-2 employment category and the I-485 adjustment of status to lawful permanent residence. The I-140 petition was approved first and the I-485 application was approved not long after. The doctor received her Green Card and was able to continue living in the US. (Back to Top)
Inspected and Admitted South Korean Gets Green Card based on marriage to US citizen
We were retained by a South Korean citizen seeking to adjust her status to lawful permanent resident based on her marriage to her US citizen husband. South Koreans do not need a visa to visit the United States as a tourist. She entered the U.S. through the visa waiver program. After a few months in the US, they changed their minds: they decided to get married and that she should remain in the US. She and her husband originally filed for her Green Card by themselves, without the assistance of an attorney. Unfortunately, they were denied by USCIS because they failed to disclose the wife’s first marriage and did not provide proof of her divorce. They again attempted to file a motion to reopen on their own submitting the proof of divorce but were denied by USCIS.
They then hired Margaret Wong & Associates. We refiled the husband’s I-130 visa petition for his wife and her I-485 application for her adjustment of status with supporting documentation. An interview with USCIS was scheduled and one of our attorneys attended the interview with the husband and wife. During the interview, the officer raised an issue about the wife traveling to Canada during her trip a few days after her entry to the US, and then reentering the US days later. The officer claimed she needed to provide proper evidence she was lawfully admitted when she reentered on her tour bus from Canada. Our attorney argued that the officer can clearly check the ‘US Visit’ computer to see she was properly inspected and admitted back into the US after her short visit to Canada and that because she had a valid entry stamp with a 90 day duration with from her previous entry to the US, the border officers typically do not provide another entry stamp.
After the interview, the I-130 petition was approved but the I-485 was wrongly denied due to the Canadian trip issue. We then filed a Freedom of Information Act request of the ‘US VISIT’ system to obtain confirmation of her inspection and admission after her Canada trip. Once we received that evidence, we then refiled the I-485 and another interview was scheduled. During this interview, it was with a different officer who confirmed they can check their computer to search the ‘US VISIT’ system to check for valid entries and that the previous officer has done so in the past. After the interview, the officer approved the I-485 and our client received her Green Card. (Back to Top)
10 Year Cancellation
In November of 2012 we helped an alien get his 10 year cancellation from the IJ. Shortly after that in February of 2013 the alien, who is a citizen of Indonesia, received his I-485 approval and green card. (Back to Top)
Chinese Pastor & Wife Building Their American Dream
Our client from China and his wife came to the U.S. with B-2 visas back in 2005. Both of them wanted to stay in the U.S. by changing their status to F-1 student and F-2 derivative. After graduating from a theological college, our client found employment at a local church and worked as a pastor. With help from our attorneys, our client applied for his R-1 visa and it was approved in March 2013. Our client's wife also received R-2 status as the derivative spouse. Since our client had a special occupation, our attorneys helped him apply for special immigrant application (I-360) and it was soon approved in June 2013. Based on the approved I-360, our client is qualified to adjust status and apply for his Green Card. Our attorneys helped him apply for his I-485 and the application was granted in November 2013. Now our client’s family is in the U.S. and building their American Dream. (Back to Top)
National Interest Waiver I-140 Gives South Asian Access to Green Card
An alien from India retained our office to work on his I-140 NIW and the subsequent I-485 once his visa number became current. On February 9, 2009 our office filed for the National Interest waiver based I-140 for the alien's type of research. The I-140 was approved and we just waited for the I-485 date to become current so we could file the last step. In February of 2012 that date came and the I-485s were filed. In November of 2012 the alien and his two dependent family members (wife and child) received I-485 approvals. (Back to Top)
Dutch College Professor Approved for Green Card
A Dutch college professor in his 30s came to our offices seeking help in obtaining a Green Card. After he had completed his PhD, the client received an H-1B visa to work for a university. We went ahead with filing for his Labor Certification, using a special process that applies only to college professors. He received the Labor Certification and in August 2013 he was approved for a Green Card. (Back to Top)
Mexican Software Engineer Gets Green Card through NAFTA TN Program
We were retained by a Mexican software engineer and his wife who had TN status, a special work visa based on NAFTA. While filing for the Green Card the client had transferred to a new employer. Fortunately, the new employer agreed to sponsor him for permanent residency. In November 2013 the client and his wife received their Green Cards. (Back to Top)
Peruvian Domestic Worker Awarded Green Card After Waiting Four Years
We have been working with this Peruvian client for eight years. She came to the United States as a domestic worker for an American family who decided to sponsor her for permanent residency. We began the process of filing the Labor Certification and the Immigrant Petition, both of which were approved. However, because the client was filing for a Green Card in the EB-3 category, there was a significant backlog and we were not able to apply at the time. After waiting four years, the client was finally able to apply for permanent residency and was approved in three months! Thanks to the hard work of the case attorney, Francis Fungsang, and everyone at Margaret Wong & Associates, our client now has her Green Card. (Back to Top)
US Citizen from Ukraine Petitions for Mother to Enter USA & Get Green Card
In June 2013 a Ukrainian women came to our offices seeking a green card based on a petition from her US Citizen son. By the end of July we had filed the I-130/I-485/I-765/I-131 petitions and were approved in August. Francis Fungsang, the case attorney, accompanied the client to her I-485 interview in December where she was approved for a green card. (Back to Top)
Peru Surgeon on J-1 Waiver Three Years Awarded Green Card In Three Months
A client from Peru retained us to work on his I-485 application. A physician, he had already been granted a J-1 waiver and had worked for over 3 years with a governmental entity. He was serving his 3 year J-1 waiver service as a surgeon. After he completed this he was able to file for I-485 to USCIS. That was on July 22, 2013. The alien met all the requirements and was approved on November 15, 2013. (Back to Top)
Woman from Romania Visits Children, Seeks to Stay & Wins Green Card
A 68 year-old Romanian national came to visit her U.S. citizen daughter on a B-2 visitor visa and later decided it would be best to stay with her daughter and son-in-law, to help care for their children. We quickly worked with the family to prepare the I-130 Petition for Alien Relative, I-485 Application to Adjust Status, I-765 Application for work authorization, and to gather the supporting documents. The petition and green card were approved in less than three months, and the whole family is happy that their mother and grandmother now has her green card and will be able to remain with them rather than living in Romania alone. (Back to Top)
Hong Kong Man Gambles, Marries, Application is Lost, But Wins Green Card
Client is a native and citizen of Hong Kong who first came to see our law firm in 2009. He had previously filed a fake TPS and was assigned an A number. He was charged with willful misrepresentation of a material fact. CIS also had information that this client was involved with illegal gambling. Our client denied that he was ever involved with illegal gambling and had hired an attorney who filed the fraudulent application. Our client claimed that he was a victim of ineffective assistance of counsel.
At the time he came to see us, he was eligible to adjust to lawful permanent resident as he was married to a U.S. citizen and entered with a lawful visa. We attended his I-130 and 485 interview, but the client was found to be ineligible for an immigrant visa unless he filed a waiver to overcome prior misrepresentation charges.
We filed the I-601 waiver, which was ultimately denied. However, we appealed the denial knowing that we needed more hardship documents and argued that he should have never been charged with misrepresentation. We submitted psychological reports and additional medical documents with our I-290B appeal in June 2010. AAO determined that the Field Officer Director in Detroit erred when making a conclusion that a waiver was needed for the misrepresentation charges. The AAO agreed with us and held that the waiver was never needed. We then sent a letter to the USCIS in Detroit explaining that USCIS should have never required the waiver as the charges were incorrect and that the Client should have been granted his Green Card at the interview.
After one year, our letter was still pending with USCIS in Detroit. We scheduled an InfoPass for the Client, who was told that his file was lost at the USCIS Detroit. Within 2 months of scheduling the InfoPass, Detroit sent us an I-485 approval! After 4 years of pushing CIS, AAO and CIS Detroit local office, Client is very excited to have his Green Card. Attorneys Scott Bratton and Francis Fungsang worked on this matter. Senior paralegal Brian Marek oversaw the entire case. (Back to Top)
Couple from Korea Run Store, Wait Four Years for Green Card
A Korean husband and wife came to us to process their H-1Bs and eventual Green Card applications. With the H-1B approved it was time to do the labor certification, I-140 and Green Card. Because of visa backlog, the 485 could not be filed until a visa number was available. The labor certification and I-140 were approved for this Retail Store Manager. The I-140 was approved on December 14, 2009 under the EB3 category. Four years passed. It was time to do the 485 as the visa number became available. On October 28, 2013 they were approved for their Green Cards! (Back to Top)
Family from Malaysia Wait Five Years for Green Cards
A Malaysian individual retained us for filing for his labor certification, I-140 and Green Card. The client came to us with 245(i) protection so the fact that him and his family didn’t have status can be forgiven by showing the eligibility and paying the $1000 fee for the I-485A. We filed the labor certification on October 6, 2008. It was approved and I-140 filed on June 29, 2009. The visa backlog caused the family to wait for the 485’s to be filed. Years passed with patient waiting. On July 16, 2013 the client had their chance and the visa logjam opened for them and the I-485s were filed. On October 11, 2013 the Green Cards were approved for the now very happy family! (Back to Top)
Undocumented Woman from Poland Wins Green Card When USC Daughter Turns 21
Client came to see us in 2010 after having been living in the U.S. since 1990 without any documentation. She entered on a visitor visa in 1990 from Poland. She came to the U.S. because her uncle has just passed away and left her a life insurance bequest. She and her husband however did not return to Poland due to the unsafe and unstable socio economic conditions. In 1990, Poland was at the height of large scale privatization, which increased unemployment rates and doubled the poverty rate. In 1992, Client and her husband had their first and only child. In 2010, we applied for asylum for client, which was eventually referred to the Immigration Judge. At that time, we withdrew our asylum application and applied for 10 year cancellation. In 2013, clients daughter, turned 21 years old. We filed an I-130 for client on her daughters 21st birthday. Within 2 months, the I-130 was approved and we were able to terminate removal proceedings within the same month. Within 6 months of the Client’s daughter's 21st birthday, client received her Green Card in the mail. After waiting 23 years, Client is very happy to have received lawful permanent resident status! (Back to Top)
Criminal Record, Name Change No Match for Green Card
A Chinese client with a disorderly conduct charge came to us for help with adjustment of status to permanent resident (I-485) through his daughter. The client had used a different name than his birth name for part of his life so it was difficult to show the familial relationship between the father and daughter as required for the I-130 petition for alien relative. We worked to gather many records to prove the family relationship and we were able to properly address the criminal issues as well, and filed the I-130 and I-485 concurrently. Because the client was not initially able to get the proper criminal records in time, we had to respond to a Request for Evidence (RFE) for the I-485, but we were successful in our efforts. We provided USCIS with certified judgments of criminal records and were able to argue that the client had good moral character, nonetheless. Although this was a complicated case, we got the Green Card approval without the client even having an interview. The client is now a Green Card holder living happily in the United States with his wife and US Citizen daughter. (Back to Top)
LPR's Charge of Naturalization Fraud Can't Trump Spouse's 245(i) Eligibility for Green Card
The wife of a lawful permanent resident (LPR) who had applied for naturalization came to us for help with her I-485 adjustment of status so that she could obtain a Green Card. We prepared the I-485 and supporting documents and submitted them with the immigration court. We accompanied the client to immigration court, and the government attorney initially opposed us. We were able to show the government attorney that the client was 245(i) eligible, and overcame this resistance. We then had to prove that her husband was not actually inadmissible due to fraud, which would have affected her own ability to adjust. Some time after this, the client’s husband was indicted on a criminal charge of naturalization fraud. The client’s case was denied because of this and we appealed to the Board of Immigration Appeals. We won and the BIA remanded the case back to the immigration court. Seven months after we appealed with the BIA, the client’s Green Card was approved. (Back to Top)
Man from Japan Works From Nonimmigrant Employment Status to Green Card
A hard working Japanese immigrant came to the United States of America in order to make a better life for himself and his family. With the help of Margaret W. Wong and Associates, he was able to work in the United States on a nonimmigrant employment visa. His goal was to find a job and support his family. He came back to Margaret W. Wong and Associates for help with obtaining his Green Card. Margaret Wong and Associates, being dedicated and competent was able to help their client obtain his Green Card. Margaret Wong and Associates put to use their skills, knowledge, and experience in order to petition for their client's change of status to obtain his Green Card. Now our client is married and has a child. Margaret Wong and Associates was also able to help their client by obtaining his Employment Authorization and his Application for Travel Documents. Our client is forever grateful for all that Margaret W. Wong and Associates has done to help his journey to live in the United States go smoothly. (Back to Top)
Marriage Brevity Not a Green Card Barrier When US Citizen Spouse at Fault
Our client hired us while he was in the process of obtaining a divorce from his United States citizen wife who applied for his green card. Once the divorce was final, we filed an I-751 with USCIS arguing that the marriage was entered into in good faith. USCIS denied the application because they only lived together a short time (a matter of a few months), had no joint accounts or bills, and our client's ex-wife had written a letter stating the marriage was fraudulent on our client's part. We renewed the I-751 with the Immigration Court and submitted evidence showing that it was our client's ex-wife's fault the marriage did not work out and that her actions caused the parties to separate. A hearing was held on the application in April 2013. After a long hearing on the application and extensive testimony by our client, the Judge found our client and the witnesses credible and granted the I-751 application. Our client will now get his 10-year Green Card and can apply for citizenship. Scott Bratton handled the Court case. (Back to Top)
Born in Jamaica, Came from Bermuda, Divorce Not a Deterrent to Naturalization in US
A native of Jamaica retained our firm in late December to help her and her daughter obtain their 10 year Green Cards. She married a U.S. citizen and immigrated to the U.S. from Bermuda with her young daughter as a conditional residents. However, soon after our client came to the US, her marriage deteriorated and she divorced her husband. She needed to file her I-751 Petition to Remove the Conditions of Residence in 2012 and show that she had not entered the marriage for immigration purposes. Our attorney worked tirelessly to gather supporting documents and draft affidavits for our client and her close friends. We filed the I-751 petition for our client and her daughter in February 2012. Thanks to our thorough preparation, the applications were approved in late 2012 without a Request for Evidence or an interview. Our clients are thrilled with our huge win! They will be eligible to naturalize in 2015 and we look forward to helping them become U.S. Citizens. (Back to Top)
Doctor from Egypt Must Work Five Years Prior to Green Card Eligibility
Our office was retained by a foreign physician to handle his NIW I-140 and Green Card applications. On December 23, 2008, we filed the NIW I-140 (VA) after preparing all the necessary documentation. The physician is from the country of Egypt and since he fell under EB2 we were able to file his I-485 concurrently. Since he had to fulfill a five-year service requirement under the I-140, his Green Card could not be adjudicated until his service completed. On December 17, 2012 his I-485 was approved for him and his family and they are very happy to get their Green Cards. (Back to Top)
Woman from China Wins Green Card and Work Authorization after Waiting a Year
Our attorneys represented a woman from China who was applying for her Green Card. We helped prepare her application for the Green Card along with an application for employment authorization. After applying for the Green Card, it was taking USCIS a long time to process her application, so our staff pushed them to schedule her interview. At the interview, attorney William Low represented the client and the hearing went smoothly. The case was approved and the client waited for her priority date to become current. After a one year wait, she received her Green Card. (Back to Top)
Cancer Treatment Corporation Seeks H-1B for Pakistan Employee, Gets Him Green Card
In late 2010 one of our clients, a large cancer treatment facility based in Florida, contacted us about their intention to retain an oncologist they had on staff from Pakistan. Their employee was in the United States on an H-1B visa. Very happy with the doctor's contribution to the clinic, our client wanted this employee to remain in their employ for the foreseeable future.
After meeting with Margaret W. Wong, the strategy was set in place very quickly. We advised our client that the oncologist would require an H-1B visa extension as he did not qualify for any potential Green Card application. After a few weeks of gathering the required documents we filed the visa extension application for the doctor and his family in January of 2011.
By the spring of 2012 the doctor had been in the United States long enough to be eligible to apply for permanent residency. Throughout the fall of 2011, our legal team stayed in touch with our client and the doctor advising them on the PERM process and what supporting documentation would be required. We helped them with the advertising process to check if any qualified American applicants were available for the position and filed for ETA certification. In April we filed an I-140 application simultaneously with the doctor and his family's application for permanent residency. After dealing with USCIS's Request for Evidence promptly, the application was approved and the doctor and his family are now all Green Card holders. (Back to Top)
Foreign Born Chinese Woman Helps Parents Obtain Green Cards
A Chinese national retained our firm to assist her in petitioning for both of her parents to get Green Cards. Our staff began working with the daughter to prepare the petition for her parents, and discovered that her mother should already have had an alien registration number from previous employment authorization applications, which we needed in order to petition for her to get a Green Card. Our firm filed a request with the United States Citizenship and Immigration service via the Freedom of Information Act to find the mother's alien registration number. Once we received the correct alien registration number, we filed both petitions for the mother and father to apply for their Green Cards. One of our attorneys prepared and accompanied both parents to their adjustment of status interviews. The mother's Green Card application was approved less than one month after the interview, but the father's application was denied due to a misapplication of immigration law. Our firm filed a motion to reopen the father's case, successfully arguing that the immigration officer had been mistaken, and the father's green card application was recently approved. After an initial setback, we are so happy to have been able to help this family get their Green Cards. (Back to Top)
Employer Helps Employee and Spouse Win Green Cards
A husband and wife from Mexico recently received their Green Cards as a result of the committed assistance from staff of Margaret Wong & Associates. Our staff assisted the husband in gaining an EB3 employment-based visa, working closely with the client's employer to file for labor certification and to sponsor our client's visa. After the petition for an alien worker was approved, the client waited for his priority date to become current, and then came to our firm again to help him and his wife apply for Adjustment of Status in order to get his Green Card. Our staff once again worked closely with the couple, gather supporting documents and submitting their applications, eventually accompanying the couple to their interview. Initially, the applications were rejected due to an USCIS error in checking priority dates, but we filed a successful Motion to Reopen their cases, explaining the error. Later, we received notice of USCIS's intent to deny the clients' petitions for adjustment of status, and quickly gathered more supporting documents from the clients and the employer, and filed a waiver on behalf of the client. After a long wait, we are happy to hear that the couple recently had their applications approved. Congratulations! (Back to Top)
Client's Green Card Renewed After Multiple Arrests for Prostitution, Cocaine Possession and Failing to Appear in Court.
This Korean woman came to us nine months before her ten-year Green Card expired and told us that she was scared to try to renew it because she had been arrested (and convicted) for prostitution, cocaine possession (at least twice), and failing to appear for a hearing. The arrests were in Pennsylvania and California. We investigated and obtained all of her criminal records; we gave her criminal lawyer careful instructions on how to vacate or change her convictions, and we filed her I-90 to renew her Green Card. Right on schedule, our client got a new ten-year Green Card. AND, she no longer has to worry about losing her immigration status because of her criminal offenses. (Back to Top)
Daughter Petitions Green Cards for Both Her Parents
A Chinese national retained our firm to assist her in petitioning for both of her parents to get Green Cards. Our staff began working with the daughter to prepare the petition for her parents, and discovered that her mother should already have had an alien registration number from previous employment authorization applications, which we needed in order to petition for her to get a Green Card. Our firm filed a request with the United States Citizenship and Immigration service via the Freedom of Information Act to find the mother's alien registration number. Once we received the correct alien registration number, we filed both petitions for the mother and father to apply for their Green Cards. One of our attorneys prepared and accompanied both parents to their adjustment of status interviews. The mother's Green Card application was approved less than one month after the interview, but the father's application was denied due to a misapplication of immigration law. Our firm filed a motion to reopen the father's case, successfully arguing that the immigration officer had been mistaken, and the father's Green Card application was recently approved. After an initial setback, we are so happy to have been able to help this family get their Green Cards. (Back to Top)
Husband and Wife from Mexico Receives Green Cards through Employment
A husband and wife from Mexico recently received their Green Cards as a result of the committed assistance from staff of Margaret Wong & Associates. Our staff assisted the husband in gaining an EB3 employment-based visa, working closely with the client's employer to file for labor certification and to sponsor our client's visa. After the petition for an alien worker was approved, the client waited for his priority date to become current, and then came to our firm again to help him and his wife apply for Adjustment of Status in order to get his Green Card. Our staff once again worked closely with the couple, gather supporting documents and submitting their applications, eventually accompanying the couple to their interview. Initially, the applications were rejected due to an USCIS error in checking priority dates, but we filed a successful Motion to Reopen their cases, explaining the error. Later, we received notice of USCIS's intent to deny the clients' petitions for adjustment of status, and quickly gathered more supporting documents from the clients and the employer, and filed a waiver on behalf of the client. After a long wait, we are happy to hear that the couple recently had their applications approved. Congratulations! (Back to Top)
I-751 Approval for Jamaican Client after Difficult Journey
A native and citizen of Jamaica married his first wife in 1990 and an I-130 relative petition was approved based on his marriage to a U.S. citizen. He received conditional resident status and they jointly filed an I-751 to have the conditions removed but failed to appear for the interview. About twenty years later he received his denial notice indicating that his conditional residency was deemed terminated since the early 1990s. He received a Notice to Appear in immigration court for removal proceedings in 2011 and contacted MWW&Assoc. He and his first wife divorced after five years and he married a second U.S. citizen after being placed in removal proceedings. A new I-751 with a waiver of a joint petition was quickly filed along with a new I-130 based on his new marriage. Our requests for continuances of the court proceedings were granted to allow time for the I-751 to be adjudicated.In preparation for the I-751 interview, our office communicated with the client and the ex-wife to gather as much evidence as possible to show that the marriage that ended fifteen years earlier was genuine. Taking a chance, we asked the ex-wife to attend the interview. The Officer agreed to interview the ex-wife separately then interviewed our client. Two months after the I-751 interview, it was approved. Our client is deemed to have permanent residency since 1991. The case was approved despite the fact that he fathered two children with another woman during the marriage, the marriage was more than fifteen years old, and he had multiple old criminal charges and two pending felonies. The pending I-130 has been withdrawn and removal proceedings will be terminated. (Back to Top)
10 Year Green Card for Argentinian woman!
Our office worked with an alien from Argentina and her US citizen husband to get her a 10 year Green Card. Since their marriage occurred two years prior to filing, the client was able to get a 10 year Green Card instead of a temporary 2 year Green Card. The client had came to the US at a young age, left the US and then re-entered again in 2000. In 2003 she left again for therapy and after time decided to come back in 2006. The client was able to be grandfathered under her mothers petition that was before April 30, 2001. The I-130 and I-485 were filed on 11/8/2011. The interview took palce on 2/28/12 and the officer had several questions about the clients presence in the US. After time, the officer granted the approval of the case and our office received notice of approval and welcome notice on 7/2/12. (Back to Top)
Helped Client Get I-485 Approval for Permanent Residence
Because of the excellent service and experienced attorneys at Margaret Wong and Associates, many of our clients continue to hire us for all of their immigration needs. One of our Chinese clients, after asking us to reopen their case and getting his Motion to Reconsider granted, relied on us for other aspects of the immigration process, including the I-485. We filed his I-485 Application for Adjustment of Status and after we got it approved by the United States Customs and Immigration Service, our client was ecstatic and overwhelmed with joy. He could now live permanently in the United States! (Back to Top)
I-765 for Employment Approved, I-485 following up
A man of Mexican origins approached Margaret W. Wong and Associates seeking immigration help. After multiple meetings and review his case, the firm decided to file for him several forms each of them helping him in a specific way. Filing the i-765, which is the application for employment, the i-130, a petition for an alien relative and the i-485 which is the change of status to permanent residence would allow him to legally be employed within the United States and eventually become a Green Card holder. Unfortunately, due to insubstantial evidence to prove legal entry to the United States his i-485 was denied and due to that the i-765 was also denied. On the other hand, his i-130 was approved. Since his i-485 was denied he was put into deportation proceedings. Margaret W. Wong and Associates represented him in this process where they re-filed the i-765 and the i-485. All the while holding multiple meetings and telephone conferences to discuss possibilities including filing i-589, an application for asylum and withholding removal and also an i-601, an application for waiver of grounds of inadmissibility. Good news arrived when the Client's i-765 was approved; while his i -485 is still pending with US Citizenship and Immigration Services. (Back to Top)
Filipino Couple Succeeds in Getting Green Cards
We were retained by a couple from the Philippines to get the husband a Green Card in late October 2011. The couple had just married a month prior. The wife was a naturalized U.S. citizen and the husband came to the U.S. on an H-4 visa and overstayed. We filed the I-130/485/765 applications in December 2011. An RFE was received in January for more tax documents, which was responded to within 3 weeks. An Interview Notice was received extremely quickly, only 2 months after filing. At first we thought the interview might be a challenge, they had both been previously married. The husband came as a derivate of his ex-wife's H visa and the wife got her Green Card through marriage to a U.S. citizen. In addition to the previous marriages, the couple had almost no assets together. Luckily, the husband's Employment Authorization Document (EAD) in early March 2012, which allowed him to apply for a social security number and open up a joint checking out with his wife. After a thorough prep with our attorney, our office prepared a supplemental filing that was given to the Officer at their Interview in early April. This filing included affidavits from friends, proof of cohabitation and mingling of financial resources. Their case was recommended for approval and our client received his Green Card 10 days later. He is extremely grateful to Mrs. Wong and her legal team for their dedication to his case. Our client is now looking forward to working with our firm to bring his two children in the Philippines to the United States. (Back to Top)
Gained Permanent Residency despite Entry with Fraudulent Papers
In 2001, a young Indian girl came to the United States with a P-3 visa issued in another person's name. Her trip organizer kept her passport and I-94 entry card, so our client had no proof of her admission. She married a U.S. citizen in 2003, and the couple had two children. In 2011, she hired us to help her get a Green Card notwithstanding her lack of proof of entry and her use of a fake name to enter. We had to prove entry and obtain a waiver of inadmissibility due to her fraudulent use of a passport with another person's name.
First, we had to convince the government that she was "admitted or paroled" into the United States. Our client thought she remembered the date she arrived at Newark Airport, the airline, and the name in the passport she used. We learned much later that only the name was accurate. First, USCIS refused to "participate in fraud" by granting a Green Card based on a fraudulent entry. We successfully argued that our client's admission with fraudulent documents would "count" for adjustment of status. USCIS also indicated that they only had a record of one entry in 2003; they had no record of her entry in 2001. Using affidavits and corroborating evidence, we proved that she entered with inspection, but with another person's name. After the interview, the client found the correct airline name, and we confirmed her entry, though two weeks earlier than she remembered.
Second, we had to demonstrate that our client's removal would cause "extreme hardship" to her U.S. citizen husband. We helped our client develop extensive evidence of extreme medical and economic hardship to her husband if she was removed. We also proved hardship if the family relocated to India with her. We filed an I-601 in response to a USCIS Request for Initial Evidence, and we supplemented the initial filing with additional financial and psychiatric records for the USCIS interview.
We accompanied our client and her husband to their I-130/I-485 interview and assured that the officer elicited the most important facts of the case and documented our client's apology and shame for her fraudulent entry. Four weeks later, she received her Welcome letter. She is now a lawful permanent resident and will be eligible for citizenship in three years. (Back to Top)
Lost Case Turns into Permanent Residency
A Chinese National filed an I-485, Application to Register Permanent Residence or Adjust Status, by himself with the United States Citizenship and Immigration Service (USCIS). USCIS denied his application. Upon hearing this troubling news, the individual contacted the Immigration Law Firm of Margaret W. Wong & Associates. The Attorneys at the firm filed a Motion to Reopen. Soon, the case progressed to Immigration Court. From there the Attorneys stood in front of the Immigration Judge and advocated for their client. Through proper preparation and advocacy his case was won. He was very happy and so were the attorneys who worked on the case. He joined a long list of clients who thought their case was lost, but came to Margaret W. Wong & Associates and found hope. (Back to Top)
Client Receives Green Card After 20 Years in Immigration System
Client entered the United States illegally in 1990. He applied for asylum and his case was referred to the Immigration Court. He accepted voluntary departure, but never left the U.S. He later married a United States citizen, who filed a marriage petition on his behalf in 1998. He tried to reopen his removal case several times, through the Immigration Court and by requesting joint action with INS/DHS, but was unsuccessful. We appealed the most recent motion denial to the Board of Immigration Appeals (BIA). The BIA granted our appeal and reopened his case. We filed an application for permanent residency with the court, and the government agreed to terminate his removal case. We went to the USCIS interview with the client, and his permanent residency was granted. After struggling through the immigration system for close to 20 years, our client finally received his Green Card. (Back to Top)
Family Receives Legal Permanent Residency
Client came to us after her 245(i) adjustment of status case was denied by USCIS. Our office prepared a motion to reopen her case on the basis of INA 245(i) eligibility. This motion was successful and USCIS agreed to reopen case and found client and her family 245(i) eligible. We accompanied client & family to their I-485 interview and they were all recently granted legal permanent residence. (Back to Top)
Helped Lebanese Client Obtain Legal Permanent Resident Status after Denial
A Native of Lebanon had completed and mailed an I-485, Application to Register Permanent Resident or Adjust Status, to the United States Citizenship and Immigration Services. He received a denial notice and was saddened by the news. However he did not want to give up his goal of obtaining Lawful Permanent Resident status. He contacted Margaret W. Wong & Associates and inquired into whether we could help him re-file the I-485 form. The attorneys and staff members of the firm guided him through the process and helped him correct errors he had previously made. The I-485 was filed once more and a different result emerged. His I-485 was approved by the United States Citizenship and Immigration Services. Needless to say, he was elated. We felt content with the idea that another one of our clients succeeded in the immigration process. (Back to Top)
Polish National Receives Green Card through Employment
A Polish National wanted to obtain a Green Card through the employment based process. He had already an approved I-140, Immigrant Petition for Alien Worker, however he needed help with filing Form I-485, Application to Register Permanent Resident or Adjust Status. He set-up a consultation with Margaret Wong who explained the process and helped him understand the complex nature of immigration. Ms. Wong and the attorneys of Margaret W. Wong and Associates filed the I-485 on his behalf. United States Citizenship and Immigration Services approved his application and now he is a Lawful Permanent Resident in the United States. He was glad that the knowledgeable attorneys of the firm were there for him throughout the process. (Back to Top)
Husband and Wife Becomes Permanent Residents
An individual from China was an executive of a company. He wanted to become a Lawful Permanent Resident, but he was confused on the process so he sought the help of Margaret W. Wong & Associates. The attorneys and staff at the firm filed an I-140, Immigrant Petition for Alien Worker, under the First Employment Based category of Multinational Manager or Executive using Premium Processing. Utilizing Premium Processing meant the decision of the United States Citizenship and Immigration Services would be expedited. Within 15 days his I-140 was approved. Upon approval, the attorneys and staff at the firm immediately filed an I-485, Application to Register Permanent Resident or Adjust Status. He wanted his wife to be included in the application as well so an I-485 was filed for her as a derivative beneficiary. A few months later, an approval notice was received for both the husband and wife from the United States Immigration and Citizenship Services. He can now pursue his career in the United States with his wife by his side. (Back to Top)
Conditions Removed for Vietnamese Child
A child from Vietnam was residing in the United States under a Conditional Green Card. His parents received a notification that the conditional residency for their son was about to expire. Hearing this news, the mother and father of this child came to Margaret W. Wong and Associates seeking help. The attorneys and staff at the firm filed an I-751, Petition to Remove Conditions of Residence, with the United States Citizenship and Immigration Services. The attorneys and staff had to prove that the condition for which the child was given residency was fulfilled. With their thorough compilations of documents and information, the United States Citizenship and Immigration Services approved the I-751 and the child's condition was removed. This news eased the parent's mind and they were happy to work with the attorneys and staff at Margaret W. Wong & Associates. (Back to Top)
Indian son Receives Green Card to Care for Mother
A mother of an Indian national wanted to be close to her son, so she petitioned him to come to the United States. Margaret W. Wong & Associates filed an I-130, Petition for Alien Relative, as well as an I-485, Application to Register Permanent Resident or Adjust Status, on her and her son's behalf. After a few months, her son received an approval notice from the United States Citizenship and Immigration Services for the I-130 petition and the I-485. Soon, he was bound for America. He felt relieved that he could now take care of his elderly mother. This is just one of many examples where people have asked Margaret W. Wong & Associates to help them through the Immigration process and achieved success. (Back to Top)
Client and Wife Receives Permanent Green Cards
An important medical device company located in Cleveland, Ohio hired our firm to file a petition for one employee. We filed the H1-B petition in June of 2010 for our client, an engineer native from India. In 2011, our client married his fiance‚ from Philippines, and then cross-chargeability was allowed to them to file I-485 immediately, since PD current for EB2 Philippines. A RFE was received in February 2012, which was filed during the same month. Our clients received their permanent Green Cards in less than two weeks later. Attorney Francis Fungsang handled the case.(Back to Top)
Client Approved for Green Card with help from Employer
Our firm was originally retained by an important American company located in Ohio that wished to petition for a prospective employee. The Indian native received his first H-1B approval notice in 2008. Mr. M obtained a new job in Boston and his new employer filed for an H-1B extension. In 2010, our client moved back to Ohio and we updated the new employer information with USCIS. The quota for our client was open by the end of 2011 and in January of 2012 we received an RFE for the I-485 application previously submitted. We sent the RFE response to USCIS and our client and his wife received their Green Cards in less than two weeks later. (Back to Top)
Client Receives Green Card 2 Months After Filing
Our firm was retained in March 2011 by a Hospital that wished to petition for an employee. The Philippines native received her ETA, Employment and Training Administration approved by April 2011. We filed the I-140, Immigrant petition for an alien worker and application and I-485, application to adjust status in June. A RFE was received in September, which was filed in within the same day. The I-485 approval notice was received less than two weeks later. The spouse of our client wanted to join her wife during the I-485 application and obtain his Green Card as well. We submitted the husband I-485 application in December 2011. Our client received his approval notice in the next two months later. (Back to Top)
Client Wins Case Against Immigration Court for Green Card
A Dominican Republic National had her case remanded from the Board of Immigration Appeals (BIA) back to the Immigration Court. The attorneys and staff members at Margaret W. Wong & Associates helped guide her through the process. They helped her prepare for the Immigration Court hearing and filed an I-485, Application for Permanent Residence or Adjust Status, and an I-765, Application for Employment Authorization. She felt comfortable in front of the Immigration Judge because she had great advocates standing beside her. Soon after, the United States Citizenship and Immigration Services (USCIS) approved her Form I-485 and I-765 and she received her Green Card. She became a member of countless other clients that have achieved success with Margaret W. Wong & Associates. (Back to Top)
Afghanistan Couple Becomes 10 Year Green Card Holders
We were originally retained by a client from Afghanistan in 2008 to process his H-1B visa as well as wife's H-4 visa. We filed extensions in October 2011. Then, he and his wife decided to start the Green Card process. On December 15, 2011 we filed the Green Card applications for husband and wife. Their interview was on February 24, 2012 and one week later we received the approval notices. The clients are very happy to be 10 year Green Card holders! (Back to Top)
Hard Working Chinese Native Rewarded with Lawful Permanent Residency
A company was enthralled by the hard work of one of its employees. The Chinese native spent countless hours at his job working to become an integral member of his team. The company rewarded him by petitioning him to become a Lawful Permanent Resident. We filed an I-140 (Immigrant Petition for Alien Worker) for the company's behalf. After the petition was approved, we filed an I-485 (Application to Register Permanent Residence or Adjust Status), an I-765 (Application for Employment Authorization), and an I-131 (Advanced Parole). Both the I-765 and the I-131 were approved, but most importantly, the Application for Permanent Residence was approved by the United States Citizenship and Immigration Services. From the time of the approval for the I-140 to the approval of the I-485, only four months had passed. The attorneys and staff members at Margaret W. Wong and Associates gave the Chinese native and the employer what they desired and created what is a stressful process into an easy one. (Back to Top)
Husband Petitions for his Wife and Children to Join Him in the US
A husband wanted to be reunited with his wife and children by petitioning them to come to the United States. He sought the help of the attorneys and staff members at Margaret W. Wong and Associates. We filed the I-130 (Petition for Alien Relative) with the I-485 (Application to Register Permanent Resident or Adjust Status) and I-765 (Application for Employment Authorization). Soon after, his wife and children's I-485's were approved. Those at Margaret W. Wong and Associates were glad to hear the joy in the husband's voice and were happy to once again reunite a family together. (Back to Top)
Smooth Transition to Permanent Residency for Chinese National
A Chinese National wanted to make sure that her process to become a Lawful Permanent Resident would go smoothly. She asked for our help in filing an I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and an I-485 (Application to Register Permanent Resident and Adjust Status). We informed her every step of the way with constant updates and advice including preparing her for facing the Immigration Judge in New York City. The attorney's at Margaret W. Wong and Associates fought for her and she was granted her Adjustment of Status. She was extremely happy that she could finally focus on seeing her daughter and mother in the Peoples Republic of China. (Back to Top)
Client Petitions Parents' Green Cards
A Syrian couple and his daughter a US citizen retained our firm on October 2011. Our clients came to the United States as tourists. Their US citizen daughter who turned 21years old, wanted to file a petition for her parents. We prepared and filed applications I-130/I-485/I-765 for our clients during the same month of October. The clients received their work permit authorization card within the next two months. Attorney Francis Fungsang went to the interview with our clients on February 2012, the USCIS officer recommended both applications for approval. Our clients received their Green Cards a week after they went for interview. The couple was very grateful with our firm and with our staff, Attorney Francis Fungsang and a legal assistant. (Back to Top)
Client Receives Green Card After Order of Removal
A Chinese National contacted our firm in 2008, she was facing an order of removal. Our client met attorneys Margaret Wong and Scott Bratton to discuss her case. After our attorneys reviewed the case, they explained our client about the I-360 application. Our client hired us in 2009 and we filed application I-360. Attorney Scott Bratton went to court in defense of our client during Master hearing on May 2009. Client had a pending I-360 case and our attorney argued at court for a continuance. We sent the response for I-360 RFE in July 2009. Attorneys and legal assistants were following up this case with USCIS until they finally sent us an approval notice in February 2010. We filed the application to adjust status (Green Card) right after we received the I-360 approval notice. Our attorneys accompanied and supported our client in all court hearings until July 2011 when the Immigration Judge granted her Green Card status. Attorney William Low went with our client to USCIS office and obtained that they stamped her passport. Client received her Green Card by mail within the next week. Our client was very grateful with the Attorneys and our staff for all the assistance received in getting her case approved. (Back to Top)
Green Card Obtained for Indian Doctorate in just 3 Months
A PhD from India with an approved I-140 retained our firm in early November 2011 to handle his Green Card application. Five days after the contract was signed, the client's I-485 and I-765 applications were filed. A mere three months after they were filed, the applications were approved in mid February without an RFE. Our client was grateful our efficient and timely work and very happy to be a LPR of the United States. (Back to Top)
After No Success for 3 Years, Clients Became 10 Year LPRs in 3 Months
Our firm handled the employment based visa from a client from India as well as his wife for many years. In 2008, he wanted to start the Green Card process. In April 2008, we filed an I-140 Petition for Immigrant Worker on behalf of the client's employer. It was approved in October 2008 but there was no visa available to the client at the time. We continued to work with our client to keep his H-1B valid and waited patiently for the priority date to become current so the client and his wife could adjust their status. As soon as the priority date became current, we filed I-485 Application to Adjust Status as well as I-765 Application for Work Authorization for the client and his wife on December 1, 2011. All applications were approved by mid February, less than 3 months after they were filed. The client and his wife are extremely happy to be 10 year LPRs and our thankful to our firm for the hard work over the years. (Back to Top)
Success for Indian National After Initial Denial
An Indian National retained our firm originally in May 2010 to file an I-485, application to adjust to permanent resident status. Our client was appointed for Interview on August 2010 but unfortunately his application was denied by USCIS. Our client had issues with documents for entry to the USA. Mr. P contacted our office and retained us to reopen his case. On March 2011 Attorney Francis Fungsang filed response to I485 NOID. USCIS retained this case under revision for almost a year. Attorney Fungsang contacted USCIS several times until our client was scheduled for interview notice on February 2012. Attorney William Low went with client to the interview, Mr. P performed very good at this time. Client was previously advised by Attorney Low to bring all supporting documentation to the interview. Our client received his Green Card approval notice within the next two days after interview and was very grateful to our firm, especially for the great job done by Attorneys Francis Fungsang and William Low. (Back to Top)
Public Charter School Petitions for Turkey Native
Our firm was originally hired in August 2007 by a public charter school located in Cleveland, OH. The school that wished to petition for this employee native from Turkey, retained our office to file an H1-B visa. On March 2010 we filed an H-1B extension which was approved within a month. We were retained one more time in November 2011 to file a new extension of the H-1B visa and also to start the Green Card process for this employee. Mr. Z and his family went for fingerprints appointment by the middle of December 2011. Our clients were very excited and grateful with our firm when they finally received their Green Card approved in February 2012. Attorney Francis Fungsang and legal assistant Brian Marek handled this case. (Back to Top)
Wife Petitions Green Card for Muslim Client Due to Violation of F-1 Status and Criminal Arrest
After studying in the U.S. on an F-1 student visa from September 2005 to December 2007, a young Muslim man traveled to his home country to visit his parents. He returned in January 2008 and studied one more semester with an approved I-20. During the summer of 2008 he worked without authorization, and, in the course of this employment, he was arrested for receipt of stolen property. His criminal hearing was scheduled for August 2009. At the end of the summer of 2008, he began studying at a college for which he did not have an I-20. He continued to study there until May 2009. In May 2009 he registered a marriage with a U.S. citizen, and in July 2009 they went on a honeymoon to Niagara Falls. He accidentally crossed the bridge to Canada, the Canadian border guards turned him back, and the U.S. Customs and Border Patrol arrested him for being out of status and having a criminal arrest. He then hired Margaret W. Wong and Associates.
We helped his wife successfully Petition for him as the spouse of a U.S. citizen. Because he was already in Immigration Court proceedings, we petitioned for a bona fide marriage exemption. Upon approval of the Petition, we filed an I-485 Application to Adjust Status with the Buffalo Immigration Court. We asked the Immigration Judge to terminate his removal proceedings and allow USCIS to adjudicate his Green Card application. The Department of Homeland Security opposed the termination due to the unlawful work, the violation of F-1 status, the possible illegal reentry to the U.S., and the commission of a criminal act. We secured certified criminal court records showing that his criminal case was dismissed, and we argued that there was no proof that he had any unlawful intent in the action for which he was arrested. We also showed the Immigration Judge that he was eligible for a Green Card notwithstanding the unauthorized employment, the F-1 visa violation, and the possible exit and reentry of the U.S. The Immigration Judge terminated his case.
In February 2012, a USCIS officer conducted our client's I-485 interview and granted him a 1-year Green Card. He will be eligible to be a citizen of the United States in three years. Our young client and his wife are the proud parents of a two-month old baby boy who will never have to worry about his parents' immigration status. (Back to Top)
After Several Years of Work Visas Turkish Family Receives 10 Year Green Cards
A man from Turkey originally retained our firm in 2007 to extend his H-1B visa as well as the H-4 visas for his wife and son. We handled the non-immigrant visas for the family for over four years. In summer 2011, he wanted to start the Green Card process. In November 2011, we filed an I-140 Petition for an Immigrant Worker under premium processing, which speeds up the processing time, as well as I-485 Application to Adjust Status for our client and his family. Less than two weeks later, the I-140 petition was approved. In December 2011, the families work permits were approved. In February 2012, less than 3 months after the applications were filed, the family received their 10 year Green Cards! (Back to Top)
Green Card Approval After 3 Years
We were retained by one of the largest business analytical company in the United States to process an H-1B case. On March 2009 we filed an H-1B for a Romanian National and we obtained the approval in August 2009. Our client obtained his passport stamped and came to the United States in October 2009. The H1-B was valid for a period of three years; after the first year the company/petitioner hired our firm one more time to file a petition I-140 and I-485 application for their employee. On October 2011 we submitted these applications for Mr. Z and his family. Our clients provided their fingerprints to USCIS by the middle of November 2011. We received Green Card approvals for the family at the beginning of February 2012. Mr. Z and his wife are very grateful with our Attorney Francis Fungsang and legal assistant Alex Strmac for their assistance during the past three years. (Back to Top)
Chinese Client Receives 10 Year Green Card After Quick Interview
A Chinese couple hired our firm in July 2011 to file Green Card application for the husband. The wife a U.S. Citizen petitioner was concern about her husband case due to the issue on her husband entry and alleged exit within the 30 days of entry on B2 visa in his name. We filed I-130/485/765 applications in the same month of July 2011. USCIS called Mr. F and his wife to an interview in January 2012. Attorney William Low and legal assistant Michael Fungsang talked to clients and prepared them for the interview. During the interview the USCIS officer asked many questions to our clients and took a break for twenty minutes to review this application. The USCIS officer finally decided to stamp Mr. F passport with the ten years Green Card approval. Husband and wife were very grateful with Attorney William Low and our firm for all the hard work on their case. (Back to Top)
Client Receives Residency Card Based on EB3
Our firm was originally retained in 2005; we file applications I-485 and I-140 based on EB3. Our client received her I-140 approved by March 2006. The I-485 application was transferred to another USCIS office and the interviewed was held until May 2008. There were no issues during the interview with the assistance of our attorney who was representing our client all the time . We moved forward to the next step and our client had to wait for the priority date to become current. Our client and her spouse went for fingerprint interview on January 2011 and the priority date was current as of July 2011. Our attorney contacted USCIS in numerous occasions to get an update on this case. Our attorney worked hard until she finally obtained that USCIS send our client and her husband their residency card in January 2012. (Back to Top)
Removal Proceeding Termination Followed by Permanent Residency Card
A Salvadorian National and his wife a U.S. citizen hired our firm in March 2009. Our clients filed an I-130 petition by themselves and their petition was denied, the husband was facing a deportation order. Our attorney went with our client to the Master hearing in March 2009 and represented him in court. A motion for continuance was filed and the I-130 petition was re-filed by our office. The motion was granted and the master hearing was twice re-scheduled by court which was favorable to our client since we were waiting for the I-130 approval notice. We received the I-130 approval notice in February 2011. Our attorney Francis Fungsang worked on the preparation of the I-485 package and submitted it in the next Master Hearing on June 2011. The motion to terminate removal proceeding that our attorney submitted in court was approved during the same month of June 2011. Our client was scheduled for his I-485 interview in December 2011. Attorney Francis Fungsang prepared our client for the I-485 interview and went with them. The USCIS officer recommended for approval. On January of 2012 our client received his permanent Green Card. Husband and wife are very happy and thankful to us and they wanted to especially thank Mrs. Margaret Wong, Attorney Francis Fungsang, legal assistants Fabiola Cini and Alex Strmac for all the hard work in getting their case approved. (Back to Top)
10 Year Permanent Green Card After Removal of Conditions
A client from Mexico retained us to his Green Card in September 2008. He had a criminal record that he was previously charged with possession of unlawful things. He married to a citizen, and we filed I-130 for his wife and I-485, I-765 and I-131 for him on October 7, 2008. We received RFE, and we responded it 4 days later. He went to his I-485 interview in March 2009, and the officer issued I-72 for us to submit 601 waiver. He received his conditional Green Card right after we filed I-601. The conditional Green Card was valid for 2 years. After 2 years with conditional Green Card, he needed to remove the conditional Green Card, and apply for the permanent Green Card. So, we filed I-751, Petition for the Removal of conditional Green Card, for him on April 6, 2011. He took the fingerprint on May 17, 11, and he finally received his 10-year Permanent Green Card on December 29, 11. (Back to Top)
Client Interviews and Approved Green Card on Same Day
A Hong Kong National and her husband a U.S. citizen hired our company for the filing of an I-485, application to adjust status. On September 30, 2011 we filed the application to U.S.C.I.S. and in December 2011 our clients were called for an interview. Attorney Francis Fungsang went to the interview and our client obtained her Green Card approval on the same day. Our client is eligible to file for I-751 to remove the condition in September 2013. (Back to Top)
Worked With Client for Seven Years to Obtain Green Cards for Family
A steel management company hired our firm to file for an H-1B in late 2005. The petition for a nonimmigrant worker was approved at the beginning of 2006. Our office filed the H-1B extension in August 2008 and it was approved within the next two months. We submitted the next H-1B extension and the application to register permanent residence in 2011 (after successfully getting the Labor certification and I-140 approved under the EB2 category). Our client a Canadian National, with a wealth of steel experience, obtained his residence card in January 2012. We worked together with our clients for about seven years until every member of this family obtained their Green Cards. One of our attorneys and a paralegal worked on this client's case. (Back to Top)
Green Card Approved Despite Fraudulent Passports From Dance Company
A female client from India retained us to file her Green Card application on May 24, 2011. She got married with USC husband, and they had a beautiful USC daughter. She came to the United States on August 1, 2005 for a traditional Indian folk dance competition. The dance company gave fraud passports to the dance group, and she obtained a passport and visa in someone else's name and entered to the U.S. After the competition, she had to leave on August 17, but she decided to stay here because her uncle was in the U.S. and she liked it here. We gathered necessary documents from her and filed I-130 and I-485 for her on September 15, 11. A week after, we received receipt notices and fingerprint notices from USCIS. Her I-485 interview was held on September 23, and we explained the reasons why she entered to the US with the fraud passport. The officer issued I-72 for the I-601, and we had 86 days to file it. We worked on hard for I-601 waiver and filed on December 09, 2011. About 2 weeks later, her case was approved and she received her Green Card. Attorney Francis Fungsang and Attorney Shelley handled this case. (Back to Top)
PhD Candidate Receives Welcome Notice in Under 8 Months
One of our Ph. D clients from Korea received his Green Card. He showed up our office in late December 2010 to apply his I-140 based on NIW and I-485 applications. He achieved his Ph. D in Polymer Engineering at the University of Akron. We filed I-140 and I-485 together on May 27, 2011. His I-485 was approved in August 2011. We responded RFE to USCIS in middle of September, 2011, and we received his welcome notice on January 3, 2012. (Back to Top)
Pending Case Becomes Approval for Chinese Client
We were retained by a female Chinese client. She came to the United States when she was 15 years old, and she lived with her maternal uncle. However, her maternal uncle was unable to completely provide for her, and she became a word of court on December 6, 2006. She filed I-360 with previous attorney, and it was pending since March 2007. So, she came to our New York office on Feb. 10, 2010 and hired us to process her case. We immediately filed FOIA to EOIR (Executive Office for Immigration Review) and Department of Homeland Security, and a month later, we received documents. We had to file I-485 application before she turns to 21. We gathered necessary documents from the client, and we filed I-485 for her on June 25, 2010. Her master hearing was scheduled on August 18, 2010, and we responded I-I-485 RFE on October 26, 10. Client received her work permit on January 03, 2011, and her I-360 and I-485 was approved on Feb. 28, 2011. (Back to Top)
Permanent Residency Through Employment Followed by Green Cards for Family
We helped a South Korean National to obtain his permanent residency through employment on September of 2011. Our client was very happy with our firm and hired us back to file an I-485 for his family members. On January of 2012 his wife and children became Green Card holders. Our client referred us to his friends and now we are assisting them with their immigration matters. (Back to Top)
Corrected a Case of Erroneously Denied Green Card
Client retained our firm to assist in appealing their denied Green Card application. At the time our firm was retained, USCIS had erroneously denied the client's Green Card application on the grounds that client was a public charge and client failed to timely respond to a request for evidence. Client had responded to the request in time, and the client was a highly educated individual with a pending job offer. Therefore our office appealed this denial arguing that the response was timely, and USCIS' denial on the public charge grounds was unfounded. Our office filed an appeal with the Administrative Appeals Office, and successfully reopened client's case. In less than 6 weeks our client had their Green Card in hand. (Back to Top)
Chinese Client Able to Stay With Family in U.S.
We were obtained by a Chinese client who wished to obtain Legal Permanent Resident status. Upon her entry to the U.S., she was detained at the airport, paroled as an arriving alien, put into removal proceedings and subsequently received a removal order. Since, she married a USC and had two, young USC children. Through our firm, her USC husband filed an I-130 petition for her, which was approved. On September 29, 2010 we filed her Green Card and work authorization applications. The next month, a Request for Evidence was received, which was responded to within four days. Her work authorization was approved the following month, on December 29, 2010. In July of the following year, Attorney William Low attended the I-485 interview with the client and her husband. Less than a week later, the application was approved and our client received her Welcome Notice as a Legal Permanent Resident of the U.S. As a final step, our office filed a Motion to Reopen Terminate Removal Proceedings on October 12, 2011. Two months later, the Motion was granted and the removal order against the client was eliminated. Our client is extremely happy with our work and looks forward to remaining in the U.S. with her family. (Back to Top)
Wife Files for Husband Shortly After Marriage
In June 2010, our firm was retained by a Chinese couple in order to obtain their Green Cards. The wife originally entered the United States in 1993 but was subsequently put into removal proceedings and was granted voluntary departure in 1995. After returning to China, she re-entered the U.S. illegally. However, that same year, her LPR father filed an I-130 petition filed in 1995 on behalf under the F-2B category, unmarried daughter of a LPR, which made her eligible to adjust status under 245(i) despite having entered illegally. Her father became a US Citizen in May 2010, which automatically converted the approved petition to the F-1 category (unmarried daughter of a US Citizen). The husband was denied admission into the United States in 1993 and was placed into exclusion proceedings as an arriving alien. His asylum application was denied and had an order of removal. When the couple married in January 2011, the approved I-130 petition was converted from F-1 to F-3 (married daughter of a US Citizen) with the husband as a derivative beneficiary. This, also, made him eligible to adjust status under 245(i). The I-485 Applications to Adjust Status for the husband and wife were filed in February 2011. Attorney Francis Fungsang attended their interview in August 2011. Shortly after the interview, a Request for Evidence was received, which was filed in October 2011. Less than one month later, the applications were approved and our clients received Welcome Notices to the United States as Legal Permanent Residents. Attorney Francis Fungsang was assisted by the hard work and diligence of paralegal Yolanda Chen in this case. (Back to Top)
Conditions Removed from Marriage Based Green Card to Become Legal Permanent Resident
A couple retained our firm in August 2010 in order to obtain a Green Card for the husband, who was originally from Hong Kong. The I-130 Petition for an Alien Relative, I-485 Application to Register Permanent Status and I-765 Work Authorization were in October 2010. The client's work authorization was granted in January 2011. Attorney Francis Fungsang attended the I-485 interview in August 2011 in which the client's Green Card was approved. Since the Green Card is based on a marriage, there is a conditional period of 2 years. In 2013, our firm will work with this client to get the conditions removed so he can become a legal permanent resident. (Back to Top)
I-485 and I-765 Approved Within 2 Months of Each Other
A couple from Ukraine recently received approvals on their Green Card application. The clients originally retained our firm in 2003 in order to receive non-immigrant work visas. These visas were approved in 2006. On July 6, 2011 we filed I-485 Applications to Register Permanent Status and I-765 Applications for Work Authorization for the clients. The work authorization was approved on September 6, 2011 and two months later, the Green Card applications were approved on November 7, 2011, thanks to the diligence of a team of attorney and paralegals. (Back to Top)
I-130 Sponsorship Approved for Mexican Father
Our firm was retained by a USC who wanted to petition for his father, a Mexican citizen, to become a legal permanent resident. The I-130 Petition for Alien Relative and I-485 Application to Register Permanent Status were submitted in the beginning of July 2011. Two RFEs were received. The first was responded to within two days and the second was responded to that same day. Three weeks later, the client's Green Card application was approved. Attorney Francis Fungsang and paralegal Brian Marek handled this case. (Back to Top)
Indian Doctor Takes Hiatus From Education to Complete Legal Residency Process
An Indian National retained our firm in early March 2011 in order to obtain his Green Card. A doctor in his home country, he came to the United States on a F1 student visa. He enrolled in a MBA program for 3 semesters. He never completed his Masters program because he set a new personal goal: our client wanted to acquire permanent residency so he could become a doctor in the United States. We filed his I-485 application to adjust his immigrant status before the end of the month. Attorney William Low attended his initial interview with the client in October 2011. The judge said she would approve his application as long as he provided evidence of his study at a U.S. University. The client's transcript was sent to the judge 3 days later and our client received his Welcome Notice in two short weeks. Now, he can continue his education in order to reach his goal of becoming a practicing doctor in the United States! (Back to Top)
Several Missteps Later, Mexican Client Obtains Permanent Residency
A client from Mexico retained our firm in January 2010 in order to become a permanent resident and get his Green Card. He entered without inspection in the 1980s and has been living in the United States for more than 30 consecutive years. He obtained conditional residence based on a prior marriage to a US citizen but they later divorced and his application to remove the conditions on his residence was denied in 1999. Two years later, a prior attorney filed a petition in our client's behalf by his employer, which was approved. In November 2010, our firm applied for an I-485 Adjustment of Status based on this approved I-140 petition, in order for him to gain permanent residency. However, this application was denied in early 2011 because the I-140 petition was revoked in 2003 when our client's former attorney or employer withdrew the petition. Our next step was to file a different petition, an I-130 petition for an alien relative after his step-daughter turned 21 in April. We filed the petition at the end of April, one day after the step-daughter's birthday. After a brief delay due to a request for more evidence, our client and his stepdaughter, accompanied by Attorney Francis Fungsang, went to their Immigration Hearing on October 20, 2011. The client and his step-daughter were able to prove their strong step-parent and step child relationship and their petition was recommended for approval. 11 days later, our client received his Welcome Notice as a legal permanent resident of the United States! Attorney Fungsang was assisted by the hard work of paralegal Brian Marek, and several legal assistants. (Back to Top)
Chinese Couple Enjoys Travel After Obtain
A couple from China retained our firm in December 2010 with the hope that the husband would receive his Green Card. When they first met in the United States in 1999, the wife rejected her future husband's advances because she wanted to focus on her collegiate studies. Years later, after they crossed paths at a train station, they eventually began to date and later got married. The wife had already become a naturalized US citizen in 2000, while the husband had yet to achieve permanent status. He had previously applied for a Green Card, by filing an I-485 based on an approved petition from his employer in 2007, but his case was still pending. In January 2011, the wife filed an I-130 petition for an immigrant relative. Overcoming an initial delay due to missing records, our client's petitioned was approved in September, only one week after their interview. Our client is now a very happy permanent resident of the United States and his wife is even happier they can travel to Macau and spend New Years with his parents! Attorney William Low and paralegal Yolanda Chen worked diligently on this case. (Back to Top)
Legal Status After a Decade!
Our client came to us after his adjustment of status application was denied and he was placed into removal proceedings. Since our client was married to a United States citizen, we filed an I-130 petition. We were able to successfully obtain continuances pending adjudication of the I-130. Our office attended the I-130 interview and after almost two months, the case was approved. We were then able to terminate removal proceedings so that our client could adjust status with USCIS. The interview was scheduled in September 2011. After the interview, the officer approved the adjustment of status application. Our client has been in the United States for over a decade and now has legal status. He was very happy with the hard work of our firm in handling his case. Scott Bratton handled the case and appeared at both interviews and all court hearings. (Back to Top)
Mexican Detained Border, Maried, Gained a Permanent Residency in U.S.
Our Mexican client was detained at the U.S. - Mexican border and opted for voluntary departure, barring him from the country for three years. He proceeded to enter the U.S. without inspection and eventually settled in Ohio, where he currently resides. He and his family established themselves within the Hispanic community through their contributions to their local church choir. Our client and his spouse received notice of their deportation hearing, and as a result, he sought our services. After getting an approved I-130 petition on their behalf, we were able to then proceed to secure their I-485 Applications for Adjustment of Status, which allowed them to remain in the U.S. with their children. (Back to Top)
Chinese Tourist Overstayed, married a US citizen, Gained a Permanent Residency
In 2000, our client came to the US from China on a tourist visa and remained here illegally, securing employment in a New York restaurant for a period of almost ten years. In 2008, he fell in love with a naturalized US citizen, also originally from China. Two years later they got married and turned to our firm for its expertise in dealing with the immigration issues that arose from our client's illegal status. Our firm was able to pursue a successful strategy that secured for our client legal permanent residence in the United States. The paperwork was filed in early 2011 and the permanent status was granted in less than seven months. (Back to Top)
Chinese Prominent Faculty Member in the Area Of Design Gained Green Cards for Family
Our client was a Chinese national and prominent faculty member in the area of design. Since 2002, our firm has been working with our client and his family to secure their legal status in this country. In 2006, our client was joined in the United States by his wife and our firm successfully processed her I-140 allowing her to continue her career as an education specialist. Beginning in 2007 our firm worked tirelessly on behalf of our clients and their son to secure permanent legal status in the United States. In July of this year we were happy to inform our client and his family that their application was approved. (Back to Top)
Romanian With a J-1 Visa Gained a Green Card to Remain in the U.S.
It can be said that diversity is the mortar that binds the foundation of this country. It is undeniable that this nation has become the powerhouse that it is today due in part to the contributions immigrants have made, and it is imperative that we continue to allow these immigrants the ability to do so. Our Romanian client came to the U.S. on a J-1 visa. He changed his J-1 to F-1 status in order to pursue a degree in business administration at the community college in his area. In order to fund his education, he applied for and received employment authorization for part-time during the months he was in school, and full-time during his breaks in between semesters. During the summer, our client was able to secure a position at a small manufacturing company and within two weeks, was promoted to an engineering-oriented position, upon learning that the B.S. in Mechanical Engineering he had received while studying in Romania was in fact equivalent to a B.S. in Mechanical Engineering from an accredited institution of higher education in the U.S. After filing an I-485 in order to adjust our client's status to that of a permanent resident's, and subsequently filing Form ETA 9098 (Application for Permanent Employment Certification), we were able to secure our client's ability to remain in the U.S. and continue to work for the small manufacturing company that desperately needed his talents. (Back to Top)
Indian Filed H-1B and approved Within One Month
An Indian National filed for an H-1B on an EB3 basis and was approved within one month. We successfully got an I-140 approved for the alien and used this as a basis to eventually get a Green Card for both himself and his wife. The client was sponsored by a large multinational industrial corporation. (Back to Top)
Immigration Judge Granted Asylum For an Iranian Persecuted
An Iranian National whose family was persecuted because of a distant cousin's membership against the reigning regime applied for asylum when he first arrived. Our client also voiced his opinion in Iran against the current government which was met with extreme resistance and he was jailed and tortured. The Asylum office referred his case to an immigration judge. The client retained our firm. Our attorney spent an entire Friday afternoon and Saturday with the client and his witness preparing them for his hearing. After six hours of testimonial evidence, the Immigration Judge granted our client asylum. The Government even waived a closing argument. Our client was well prepared to present his claim for asylum which convinced the Immigration Judge. (Back to Top)
Chinese Family Given a Final Order Of Deportation gained a Permanent Residency
A Chinese National who is an arriving alien, meaning she was paroled into the United States to pursue an asylum claim, had a final order of deportation since her asylum claim was ultimately denied. She since married a USC and had two young USC children. Because of the regulations, she applied for adjustment of status with the USCIS. Our attorney prepared the client and her husband for their interviews. Our attorney also encouraged them to bring demonstrate all of her positive traits including her children. At the interview, our attorney encouraged the officer to permit the children into the interview. After several minutes, the officer recommended the application for approval despite the final order mainly based upon her family ties in the United States. It was a moving experience because now our client will be a lawful permanent resident and can stay in the United States united with her family. The officer even played some magic tricks with our clients children after the interview. (Back to Top)
Indian Received Green Card After Couple years
The late Green Card approval is because of India quota. As this is a computer software engineer position, we took care to address the Kellogg language issue whether alternative occupation experience would be acceptable. The PERM was properly filed and got certified in a week. Thereafter, we filed the I-140 with ample documentation to establish the employer's ability to pay, the beneficiary's credential and qualifying experience. It was approved without RFE. We took advantage of the Service's announcement of 07/17/2007 that all quota opened, to file immediately the I-485. In August 07, the quota closed. There was only a minor RFE in 2009 on the dependent wife's birth and parentage. We provided the India ration card, driver license, school certificate, and voter registration card of the spouse. When quota opened this month, we proactively contacted the Service to push the adjudication. (Back to Top)
Mexican Family Received IV Within Two Months after Interview
After the IV fees paid and packet 3 filed with NVC, the family gave birth to their first child. As said child was not in the original paperwork, our office immediately contacted NVC because of the close proximity of the parents' IV interview and the file was already in Mexico. Arrangement was made for client to bring required original documentation of child's birth and parentage to the interview without sending the file back to NVC for IV fee. The family of three duly went to the IV interview as scheduled. IV was issued 2 months after interview. They are now happily settled in the US. (Back to Top)
Hong Kong Citizen Received a New Green Card After the First One Expired
We were retained by an individual who needed to renew his Green Card. The Green Card holder is a citizen of Hong Kong and resides permanently in the US. His Green Card renewal application was filed on Form I-90 in May of 2010. USCIS needed additional information in relation to the applicants name and background checks from the locations he has lived. Our office worked to secure this documentation in a timely fashion so USCIS can further adjudicate the application. On May 24, 2011 USCIS approved the I-90 application. The individual now has a Green Card for an additional 10 year period. (Back to Top)
J-1 Doctor and Wife Green Cards Approved After Our contact With USCIS
This is a J-1 doctor adjustment. The LC and I-140 have been straightforward and got approved rather quickly. For the adjustment filing, we worked with the doctor to prepare a minutely detailed documentation evidencing his fulfillment of the 3-yr HPSA obligation, in H1B status, and full time employment. We also took care to document his and his wife's birthdate and parentage. In the course of the I-485 pending, our office always proactively alerted client and filed their EAD/AP and extended their H status as a safe harbor. We also submitted clear and independent documents to establish the marital relationship of the dependant applicant to the principal at the time of filing to current. Our office also monitored the priority date movement, and proactively informed the USCIS once the Dr.'s quota became open. Their Green Cards were approved in 2 weeks after our contact with them. (Back to Top)
Client PERM Certification was Certified less than Two Months, I-140 and I-485 Approved Without RFE
We laid out a timeline when starting the PERM process and followed it through. It resulted in a timely filed PERM labor certification. It was certified in less than 2 months. In the meantime, we proactively prepared the I-140 material and I-485 supporting document that included birth certificates, evidence of inspected entry and status, employer entity, and credentials. Once after we received the outstanding and current supporting documents, we were able to file the concurrent I-140 and I-485. The adjustment application was approved without RFE. (Back to Top)
40 Year Old Egyptian gained Permanent Residency in U.S.
This is a dependant I-485. The only issue is the birth date and parentage. Applicant is an 40 year old Egyptian. USCIS rfe'd the authenticity of his birth certificate due to remoteness of issue date to birth-date. After research and inquiries to the Egyptian consulate, we submitted a brief and new birth certificate to explain the circumstances of the certificate and factual difficulties of obtaining an old government document from the Egyptian government during this troubled times in Egypt. USCIS accepted the response to RFE and issued the Green Card approval in a little over a month. (Back to Top)
United States Citizen reunited With his Chinese Wife and Step-daughter
USC can now be reunited with his Chinese wife and step-daughter after they were able to have their immigrant visa interview in Guangzhou, PRC. The USC has been patiently waiting for the interview date to arrive after filing for his wife and step-daughter last year. It is a true story of love and romance, after a brief meeting in China several years ago, while the USC was on a business trip. The Chinese woman did not want to even go out on the night that they met, and her reticence in even speaking to the USC was part of the spark of interest for the USC. After several trips, the USC and Chinese decided to marry, and while the USC has been waiting for his wife and step-daughter, he has been remodeling his home to accommodate his family. (Back to Top)
Three Mexican Citizens Gained Permanent Residency After Long Time of Waiting
Three citizens of Mexico are extremely thankful that their long wait for permanent residence has ended. Each were granted permanent residence based on a US employer's petition on the principal/father's behalf. The family, husband, wife and son, were always present in the US legally. They had initially entered as an L-1B/L-2 international transferee more than thirteen (13) years ago, and later changed to an H-1B/H-4 nonimmigrant due to the long wait for third preference immigrant visa numbers and the lack of extension in the L-1 capacity. Their daughter had been a dependent thirteen years ago, but she married within the last two years so she no longer remained eligible to adjust status through this process. Happily, she became a lawful permanent resident faster and quicker than her father and the rest of her family. The father's priority date in an EB3 position had come current several times throughout the nine (9) years of waiting for the visa number, but each time they had not benefited from the open and current visa. The immigrant visa numbers last regressed in 2010, and then became available in March 2011. At least to their consolation, the son did not age out due to benefits under the Child Status Protection Act. They may now rest assured of remaining legally in the US and later, if they desire, file to become naturalized citizens. Our of our star attorneys worked on this case from beginning to end with the assistance of many paralegals throughout the years. (Back to Top)
Client With Certification Labor From 1998 Got an I-485 Approved
This is a sec. 245i case. During intake with the client, we discovered he has a pre 01/14/1998 filed labor certification case but that did not go beyond the L/C recruitment stage. We diligently contacted the legacy state agency and Dallas backlog center and were able to recover copy of the filing, the Service Center to locate the approval of the underlying I-140. We carefully reviewed the pre-01/14/98 L/C to determine it was approvable at time of filing. Contact with the current sponsor/employer had been made to ascertain continued sponsorship. Having had established the client's pre-01/14/98 245i eligibility, the I-485 was filed in January 2009 when quota became current with the requisite I-485 Supplement A and fine. We altered the Service that 12/21/2000 physical presence did not apply in this case. We got the approval when quota opened this month. (Back to Top)
Chicago Family Received an Approval on 12/20/10 and Gained the Green Card in the Same Week
A family in Chicago area retained our firm in September 2010 for their legal permanent residency (CSPA case.) We filed the applications on 09/27/10 with thorough legal arguments and documentation, followed by professional preparation and immigration interview on 12/14/10 with our attorneys. Both mother and daughter received approval on 12/20/10, and they received the Green Card in the same week. A team of MWW's attorneys and legal assistants worked on this case diligently. (Back to Top)
Indian client Able to Stay With Family in U.S. After Long Legal Battle
Our firm is celebrating with this client. Our client, an Indian National, was placed into deportation proceedings after his 601 waiver application was denied. Our client is married to a United States Citizen. Our client hired an attorney who told him that he could not stay in the United States after he filed an immigrant visa petition for our client and an adjustment of status application. Our client entered the United States back in 2001 under a fake name and fake passport. Someone in India arranged it for him so he could remain with his mother, and father and siblings in the United States. His parents and siblings were all here in the United States as lawful permanent residents. He was the only due to his age who could not get a Green Card. His friends in India told him he could never get a visa to come to the United States so a travel agent in India procured the documents for him under a fake name. When he came to the United States, he was admitted and eventually found his wife and got married. He also has children. His entire family is here, his wife's entire family is here. He has no family in India. His parents are also United States citizens. His second attorney filed an new I-130 visa petition, an adjustment of status application and a 601 waiver application. The application was eventually denied for lack of proof. He was then placed into deportation proceedings.
Our client retained our firm and we assessed that our client's presence was tantamount to his family's existence in the United States. He took care of his wife, his parents and his siblings. He was the sole income provider. He helped his Uncle run his businesses which are multi-million dollar entities. His family does everything together. They live together, they exist together, they go to temple together, the do absolutely everything together. An expert prepared an appropriate report outlining the hardship. We prepared twelve different witnesses who were prepared to testify about the hardship his family would experience if he was not allowed to stay. We pre-tried the case with the Government attorney and the Government was only interested in hearing from our client and his wife. We prepared all the witnesses.
Our attorney spent several months preparing the case. Our firm walks and experiences the tribulations and difficulty of immigration with each client. Our attorney even went to the Hindu Temple with our clients just before the hearing and prayed with them! Our attorney was anointed with oil by the family during their morning prayers. Our attorney saw first handed how close knit and dependant our client's family was on his presence. Because of our commitment to our clients, we were able to show the Court and the Government the necessity our client's continued presence in the United States.
On the day of the hearing, our attorney ensured that he and his family were present in court. His wife, children, mother, father, in-laws, uncles, aunts, and grandmother filled the Court room for the hearing. The Government accepted the expert's report without that person's testimony. Our attorney questioned our client and his wife to explain their story to the court, their life, the dependence that his family had on him and the result extreme hardship that would ensue if he could not stay in the United States.
Over two hours of testimony, the Immigration Judge commented that our attorney's preparation of the record was thorough and complete, including his interrogation of our client and his wife. The Government hardly asked any questions. The waiver was approved and the application for adjustment of status was approved. Our client just recently received his actual Green Card and expressed his gratitude to our attorney and our firm. (Back to Top)
Clients Came to U.S. Legal Were Ecstatic on the Successful Reinstatement of their I-485
After their I-485 has been denied by USCIS, the clients came to us for legal assistance. Upon a careful review of the documents which include a pre-04/30/01 filed I-130, evidence of entry and status, post-04-30-01 filed I-140 approval, USCIS issued RFE's, their I-485 filings, and the USCIS memos on approvable upon filing test, NOIDs, and RFEs, we came to the conclusion that we could make a case of approvable at time of filing. The fact is that the pre-04/30/01 filed I-360 was denied only after an RFE had been issued 6 months after filing. This clearly met the test of the Pearl Chang's letter on the approvable when filed test. We further considered the physical presence argument. The client was able to provide evidence of pre 12/21/00 entry and physical presence in the US on that date which included bank monthly statement, passport, I-94, and credit card statements. We immediately prepared and filed the Form I-290B arguing that the Service failed to observe the Pearl Chang letter and its subsequent memos on RFEs and NOIDs, the fact that an RFE had been issued on the pre-04/30/01 filed I-360 before its ultimate denial clearly suggested that said I-360 met the Pearl Chang definition. Secondly, the Service's failure to issue any RFE prior to denying the I-485 when grandfathering has been established is clearly a violation of its own practice guideline. Finally, the applicant was able to demonstrate physical presence on 12/21/10. Although it took almost a year to reach a conclusion, the Service finally saw the flawed decision they made when they denied the I-485 application. They affirmed our argument that indeed the I-130 was approvable at time of filing and the guideline of the Yates's memo on NOID and RFE. Rarely, the Service express their regrets for the inconvenience caused in this matter. Client was ecstatic on the successful reinstatement of their I-485. (Back to Top)
Chinese Scientists Husband and Wife I-485 Applications Approved in U.S.
Scientist from China received an approved National Interest Waiver based on her exceptional research in stem cell biology and cancer research. Initially she was working for an internationally renowned hospital in the Cleveland area as a Research Associate, but later changed H-1B employers to a local university research department. She and her husband both had filed I-485 application to adjust status to permanent residence, but each had received requests for evidence from USCIS. Her request intimated that she had moved states, and sought a new G-325A, along with a current employment letter, while her husband's request for evidence sought evidence of continued work authorization throughout the employment mentioned in his G-325A.
Our office helped the husband respond to his Request for Evidence, and also helped the local university to complete an "AC21 letter" to show that the change in employment met portability requirements of the American Competitiveness Act of the 21st Century, a.k.a. AC21. Since the I-140 NIW had been approved, the I-485 had been pending for more than 6 months, and the new position of Research Scientist in a university research department remained within the same or similar occupation initially stated in the NIW, including the same field of research, the client remained eligible to adjust. We also argued that the Request for Evidence misstated that the beneficiary had moved out of state, and instead showed that both the Cleveland hospital and the Cleveland area university remained within the same area, so that an AR11 form for change of address was not required. Happily, the clients I-485 applications were just approved and Welcome notices received. (Back to Top)
Chinese Client Was Subjected a Final Order Deportation Gained a Resident Status
Perseverance is the key to winning an immigration case. Our firm was successful in attaining permanent residence for one of our clients who was subject to a final order of deportation. This client is a national of China. He entered the United States in 2000. When he entered the United States, he asked for asylum. He was "paroled" into the United States, meaning he was inspected by an immigration officer and permitted to remain in the United States pending his asylum application.
Since he was "paroled" into the United States, he was an arriving alien and USCIS has the authority to adjudicate an application for permanent residence, even though he was in deportation proceedings. His asylum application was eventually denied and so was his appeal rendering a final order of deportation in 2004. In 2008, our client married a United States Citizen. His spouse filed an I-130 and I-485 application on his behalf. At first, our client was afraid of going to the interview although our firm took the necessary steps to ensure that he would not be picked up by Immigration and Customs Enforcement. They did not attend their first interview and the case was ultimately denied.
We explained the process to our client and he and his wife again refilled the same application. Our attorney prepared the client and his wife for the interview and filed the necessary "stays of deportation" with Immigration and Customs Enforcement. The Interview was held and the case approved on January 6, 2011. Our client stuck with it and with us and we attained permanent resident status for him. What an amazing story that a person with a final order of deportation can still attain permanent resident status. (Back to Top)
Ms. W Was Wild With Joy After an Approval of Her I-485
Ms. W was paroled into the United States. She is an "arriving alien." Jurisdiction over arriving alien case is with USCIS. But unfortunately Ms. W lost her I-94. Our office filed I-102 for getting her a new I-94, and I-130/I-485 to get her immigration status. The I-102 was denied after we responded to REF as USCIS stats that Ms. W is a "fugitive." Ms. W was very scared and worried that she would be picked up at the I-485 interview. Because of our excellent submission of documentation and attorney's thorough preparation, Ms. W's I-485 was approved. Ms. W was wild with joy and very thankful to our office. (Back to Top)
Indian With Visitor Visa Overstated for Many Years Gained Green Card in December 2010
Our client, an Indian national, entered with visitor visa and overstated for many years. Client retained our law firm in September 2010 to handle permanent residence application when client's family based immigration visa quota became available. We worked closely with the client and her family sponsor and filed the application promptly in September 2010. Client received legal work authorization in less than three months. Our attorneys conducted thorough preparation prior to the immigration status adjustment interview, and then represent the client during the interview. Client received Green Card approval in December 2010. As our satisfied client put it, it was a true milestone when she opened the approval letter that read "Welcome to the United States of America!" (Back to Top)
J-1 Doctor Adjustment Approved in 2 Months Without any RFE
This is a J-1 doctor adjustment. At the early stage of the labor certification process, we advised client the significance of his I-612 waive requirements and necessity to preserve all documents pertaining to his HPSA service, because USCIS must be satisfied that the beneficiary fulfilled his obligation prior to adjustment approval. Upon the quota having been opened, we put together not only a fully documented Form i-485 but also independent evidence to demonstrate full and complete compliance of the sec. 212e 8CFR. By reason of our careful planning and attention to details, the doctor's adjustment was approved in 2 months without any RFE. (Back to Top)
Client Adjustment of Status Application Approved in December 2010
Our client retained us after she was detained in Buffalo riding a bus to visit her daughter in the Cleveland area. At the time, her daughter was a lawful permanent resident and her naturalization case was pending. We were able to quickly get our client out on bond and had venue changed to Boston. Once her daughter naturalized, we filed an I-130, which was approved. The case was scheduled for an adjustment hearing before an Immigration Judge. In December 2010, the adjustment of status application was approved. She is now a lawful permanent resident. Scott Bratton handled the case. (Back to Top)
Chinese Lady with Daughter Entered the Country Illegally Gains their Green Card After Many Years Waiting
It is always inspiring to assist our clients especially when the law fits their story so well. Our clients, nationals of China, mother and daughter, entered the country illegally through Mexico back in the mid 1990s. Her mother had a United States Citizen brother! He appropriately filed an I-130 immigrant visa petition for his sister. The young daughter became a "derivative" beneficiary of that petition. This petition was filed in 2001, when the daughter was under 21.
Since she was under 21 at the time of the petition, the Child Status Protection Act kept her age under 21 while the petition was being reviewed. The petition was finally approved on July 9, 2009 and but they could not apply for a Green Card until September 2010. Both were protected under 245 (i), which means although they entered the country illegally they could still get their Green Card so long as a visa petition was filed on their behalf before April 30, 2001, were physically in the US on December 21, 2000 and had to pay a $1000 fine. Since the petition was pending so long, the young daughter although over the age of 21 was still considered under the age of 21 or purposes of getting her Green Card. Attorney Francis Fungsang did the initial filing for both of their Green Card applications. Our attorney prepared the clients for their interview.
Our attorney attended their interview ensuring that the Green Card application would be approved! The application was recommended for approval. Our clients were really happy. The family was very happy after waiting so many years to become legal in our country and look forward to the day when they can become citizens. (Back to Top)
Chinese Paroled to Pursue an Application for Asylum Was Subjected a Final Order of Removal from U.S. Gained a Green Card
Our client is from the People's Republic of China. He last arrived in the United States on November 21, 2000 and was granted Parole to pursue an application for asylum. Eventually his asylum application was denied, appeals dismissed and he became subject to a final order of removal from the United States. Eventually he met his wife and married her in 2010. They retained our office and with our help she filed an immigrant visa petition for him and we filed an adjustment of status application. Our attorney prepared the client and his wife for their interview and Attorney Francis Fungsang attended the interview. Our client is considered an arriving alien because he was "paroled" in to the United States to pursue his asylum application. As such, he is eligible to adjust his status in front of the United States Immigration and Citizenship Service. The application was approved and our client is a lawful permanent resident of the United States!!! Even when a final order of deportation is entered again an alien, a client may be eligible for a Green Card! (Back to Top)
S. Korean Received Green Card Approval a Week After the Interview on March 26, 2010
The adjustment was successful because our attorney meticulously prepared the applicant before the adjustment interview and convinced the officer of applicant's admission into the U.S. for the purpose of adjustment in spite of certain discrepancies in his statement in that regard. The applicant from S. Korea received his Green Card approval a week after the interview on March 26, 2010. (Back to Top)
Canadian I-485 Application Approved and an H-1B to Allow Living and Working in Cleveland
A Canadian professional working at a major hospital system in the Cleveland area is excited to learn that her I-485 application was approved. While we have continuously helped the employer to file and she has received H-1B approvals to allow living and working in Cleveland, she finally has attained her goal. After what seems an eternity, but really only 6 years with an EB3 labor certification that was filed under the old process before PERM, got stalled in the DOL National Backlog Center, finally was certified, then approved I-140 immigrant petition, and finally being able to file the I-485 in July/August 2007, only to have the priority dates retrogress, until now. (Back to Top)
Indian Obtained Permanent Residency Through a Company Sponsorship in 2008
Our office helped an Indian citizen obtain permanent residence through a company sponsorship in 2008. Unfortunately, his wife's I-485 application was separated from his at the USCIS and remained unadjudicated when the priority dates retrogressed, so that she has continued to wait for the priority date to become current for two years longer. We are happy to report that her husband's priority date once again became current and we contacted the USCIS through the special employment email follow up to advise of the separated files, with one remaining to be approved, and we received approval within four weeks following our email. (Back to Top)
Korean Family Were on an E-2 Status Obtained Their Green Cards
A Korean family hired us to work on their immigration matters. At the time they were E-2 status. We worked with the family to get their Green Cards. On June 19, 2008 we filed for the principal applicants labor certification. Within 8 months it was approved and we filed for the I-140 at that time. The I-140 was approved on June 22, 2009. On September 23, 2009 we filed for their permanent residency applications. The family received a Notice of Intent to Deny that was overcome. The Green Cards were approved September 16, 2010. (Back to Top)
Canadian, Married, Received a Recommendation for Approval for I-130 and I-485 Less than 8 minutes
One of our clients, a Canadian, is married to a United States Citizen. Our attorney filed the I-130 immigrant visa petition, the I-485, the Green Card application and he ensured that he put as much evidence of a bona fide marriage as he could in the filing. The couple were married in a civil ceremony in Canada and had a religious wedding here in the United States a year later. Our attorney also served as the organist at that wedding, and made sure all pictures of the wedding were included in the filing and brought to the interview. At the interview, the Officer asked minimal questions and the whole interview took less than 8 minutes and was recommended for approval! (Back to Top)
Canadian Who Came Here Legally on a Work Visa Gained Permanent Residency in the U.S.
One of our clients, a Canadian, is married to a United States Citizen. She is here legally on a work visa. Her and her husband have decided to make the United States their home and they asked our firm to represent them. We filed an I-130 petition, an I-485 application and I-765 work authorization. The work authorization permits an applicant to work anywhere in the United States, get a driver's license and social security number pending the adjudication of her adjustment of status application. (Back to Top)
Clients received an Approval for I-485 After We provided Direct Evidence in Support of Our Argument
The clients came to us after the USCIS issued a Notice of Intent to Deny their I-485 applications that were filed on June 30, 2008. They are the spouse and under-age child of the principal applicant whose Green Card has been approved. Their previous legal representative failed to file for extension of their dependent non-immigrant status which as a result caused them being out of status in excess of 180 days. They do not have 245i protection. After review of their case history and research of the law, our office filed a rebuttal to the Notice of Intent to Deny. We argued that the failure to maintain status was an act out of their control or physical ability and the exception provided in AFM in respect of an underage child that unlawful status does not begin to run until after age 18 under the Act. In the rebuttal, we described the circumstances leading to and including the failure to maintain status; provided direct evidence in support of our argument that the events were beyond their control. One of the arguments were that they relied on their former legal representative's expertise who was directly responsible for the principal beneficiary's non-immigrant visa matter. We also argued that that was a technical violation, the terms of public law 101-56, and the physical condition of the principal applicant. When their quota opened this month, the USCIS approved their dependent adjustment on August 11, 2010. (Back to Top)
Client Adjustment Approved on August 5, 2010 Without RFE
Applicant's I-485 was filed in 2007 but due to quota retrogression has been since pending. During the pending process, we monitored the non-immigrant visa status of the applicant, including employment authorization and travel documents making sure the individual maintain compliance with the USCIS adjustment regulations and rules. We timely filed extensions of EAD and travel document. When the quota opened this month, we contacted the USCIS on the Service guideline regarding pending I-485's. The client's adjustment was approved without RFE on August 5, 2010. (Back to Top)
Client Retained Our Film After receiving a Deny for his Status, His Now a Green Card Holder
When our client retained Margaret Wong and Associates, he had been issued a Notice of Intent to Deny his adjustment of status application. The basis for this was that USCIS believed that our client was inadmissible because they had reason to believe that he was a trafficker of controlled substances. He had previously been stopped at an airport with a large amount of money in a suitcase he was using. He claims that he borrowed the suitcase. The money was the subject of forfeiture proceedings as funds from drug trafficking. In the end, the funds were forfeited to the US Government. We were able to craft a legal argument that the evidence was insufficient to show that our client was involved in drug trafficking. In July 2010, our client received his Green Card. Scott Bratton handled the case. (Back to Top)
Clients Pending Application for Green Cards Approved on July 15, 2010 Without RFE
Applicant's I-485 was filed in 2007 but due to quota retrogression has been pending ever since. In said filing, we provided direct and independent evidence of parentage and birth of principal and dependent clients as well as their marriage. As soon as the visa bulletin showed quota opening in July, we advised applicant to obtain a job confirmation letter from employer/sponsor to evidence continued employment in the same Labor Certification job and duties upon Green Card approval. We submitted said confirmation to the USCIS when quota opened. The Green Cards were approved July 15, 2010 without RFE. (Back to Top)
Client filed I-485 in 2007 Received an approval on August 4, 2010
Applicant's I-485 was filed in 2007 without medical because of pregnancy. There was also a minor transgression of the law. We performed extensive and detailed legal research and satisfied that the record will not be a bar to adjustment. We filed the I-485 accordingly. The only RFE issued was the medical. The Service was satisfied the evidence provided did not rise to the level of a bar. Upon quota becoming current, we contact the Service and the Green Card was approved on August 4, 2010. (Back to Top)
Indian Whose Adjudication Delayed for severe times Gained Permanent Residency
Applicant's I-485 was filed in 2007 but adjudication was delayed because the USCIS miss-interpreted the degree equivalency criteria that had caused motions and refilling. Eventually we successfully argued the applicant's US degree equivalency qualification, and the underlying I-140 was approved. Then quota for India retrogressed. We reviewed with applicant his credentials and a new labor certification option. We then successfully used his current experience and degree to qualify an EB2 position sponsored by a different employer. The PERM certified without audit. The new I-140 was approved without RFE. Upon opening of the India EB2 quota in July, we immediately contacted the Service that applicant's substitution of the EB2 petition and eligibility to the earliest priority date. The I-485 was approved by the end of July without RFE. In most adjustment cases for Indian nationals, birth certificate and marriage certificate often requires secondary proof as the certificates are not always available. We advised client which he acted on to obtain all the necessary school records, affidavits of birth to prepare a fully documented I-485 filing. (Back to Top)
International Travel Gained a Green Card in the U.S.
Due to the client's extensive international travel requirement, we advised him to maintain valid H4 status as long as statutorily allowed. It is known that recently USCIS is approving Green Card more quickly and we advised the client to not miss this opportunity to file for Green Card as quota still opens. He entered in the U.S. in May to file the i-485 and got the approval in July. (Back to Top)
South Korean Green Card Application Approved in July
We are aware of the recent change in Korea's birth and marriage certificates in lieu of the family register, therefore, when filing the client's I-485, we specifically requested to provide such certificates from the S. Korean government. This can potentially avoid an RFE on the I-485 requiring applicant to establish parentage and immediate family relationship of applicants. We also documented clearly the admissions/departures and status in the U.S. of each and every applicant. The biometric was done in June and Green Card approved in July. Clients are very, very happy. (Back to Top)
Chinese Family Wins U.S. Permanent Residency in July 2010
This I-485 was filed in 2007. Fingerprinting was completed in 2007. RFE issued in 2009 and was timely responded. However, quota remains closed. We monitored the visa bulletin diligently. Once it has been open this month, we proactively contacted the Service and invoked the Service memo that directs expeditious adjudication if the case is otherwise approvable except for biometric. We provided the Service an updated job offer confirmation and that no change to the terms and conditions of the I-140 approval. The adjustment of status of the direct beneficiary is approved now without further fingerprinting or RFE. The USCIS confirms production on 7/15/10. (Back to Top)
Expeditious Adjudication Petition After Quota Opens Wins Adjustment of Status
This I-485 was filed in 2005 for Chinese National. Fingerprinting was completed in 2007. RFE issued in 2007 and was timely responded. However, quota remains closed. We monitored the visa bulletin diligently. Once it has been open this month, we proactively contacted the Service and invoked the Service memo that directs expeditious adjudication if the case is otherwise approvable except for biometric. The adjustment of status of the direct beneficiary and dependants have been approved now without further fingerprinting or RFE. They also received the actual Green Card in July 2010. (Back to Top)
Medical Doctor from India I-140 got Approved in 2007 and Got I-1485 Approved Few Days Ago
I-140/485: client is a Medical Doctor from India. He first came to our office in 2005 trying to revive an expired H-1b and also to see if there was any way for him to start Green Card process again because he had tried twice but both failed. Since his new employer was not ready to sponsor him for labor certification yet, our office recommended to him to try NIW. Since most of his work in the US was clinical, he did not have much publication other than three abstracts. After an extremely challenging RFE response, his I-140 got approved in 2007and a few days ago his I-485 was approved. Because of our good work, the client has been able to stay in the US without having to go out the country in H-1B visa and also because we were able to get the tough I-140 approved, the concurrent filed I-485 has given the client the protection of pending I-485 the entire time since 2005 and work authorization. (Back to Top)
South Korean Got An I-140 Immigrant Petition for Alien Worker Approved
A university of higher education in mid-Ohio hired us to work on a professor's permanent labor certification and Green Card applications. The alien falls under the special recruitment processing for labor certifications. The labor certification was filed on December 11, 2009, and approved on March 5, 2010. We subsequently filed for his I-140 and I-485 applications. He was pleased to hear his I-140 was approved on June 21, 2010. (Back to Top)
South Korean Wins PERM
Alien from South Korea retained us for his I-485 (Application to Register Permanent Residence or Adjust Status) application. In filing this I-485 on January 15, 2010, we reviewed carefully and properly documented all the applicant's admission/departure and status/authorized employment history in the U.S. We advised him to approach the ASC early for fingerprinting upon receipt of notice, which he did. He was able to complete the biometric early. Due to completeness of documentation relating to birth/parentage and visa status, the I-485 for entire family was approved on May 27, 2010 without interview. (Back to Top)
South Korean Got Green Cards for the Family Without RFE
We were retained by an alien from S. Korea to work on his permanent residency applications through labor certification. After accepting this case, we laid out a plan for client and reviewed in detail and researched extensively on the minimum requirement of the proffered position. We also conducted web search to consider the general requirement in the industry. And we came to the conclusion that the alien qualified for an EB2 classification bearing in mind the technical and theoretical knowledge and experience and skill set necessary to perform the duties stated by the employer. We prepared the prevailing wage in March 09 and kept a tight schedule on the recruitment processes. The PERM was filed in June 09 and certified in March 2010 without audit. We immediately worked on the concurrent filing of I-140 and I-485. The employer being a non-profit organization, we provided completed financial documentation to establish the ability to pay since the PERM filing to date of filing the I-140. It was approved in less than 2 months . So were the I-485s for the family. All without RFE as a result of full and complete evidence of lawful entry, status, parentage and birth since it involves foreign language documents. Client was very happy with our service. (Back to Top)
Chinese Individual Filed I-485 Concurrently in EB2 and Received Green Cards Approval on June 18
This I-485 was filed concurrently in EB2 in 2005 for a Chinese individual on 9/23/05. Quota retrogressed after filing and in the course of the process, clients moved several times. We each time proactively informed the USCIS to update the I-485 address to ensure timely biometric. Our office also repeatedly wrote to the Service upon the quota current and particularly pursuant to the Service memo on pending security background check for more than 180 days. The quota became current in June. We immediately contacted the Service representative and provided a synopsis of the events since the I-485 filing especially on the quota. Clients received their Green Card approval on June 18. (Back to Top)
Egyptian Gained His Permanent Residency After 7 Years Waiting
Our client came to the United States on a visitor visa with a group of students from Egypt. He later fell in love and got married to a United States citizen. His wife petitioned for him immediately and the couple appeared for the adjustment of status interview. However, after the interview the couple never heard back from the Service, despite their repeated inquiries. They waited for 7 years without any news. The couple then retained Margaret Wong & Associates. We filed a mandamus action in federal court, which resulted in the immediate scheduling of a new interview. However, by this time the couple had separated although they had decided not to get a divorce for the sake of their 3-year old son. Ms. Wong accompanied them to the interview. She presented persuasive legal arguments and made the case that our client was entitled to adjustment of status even though he was no longer living with his United States citizen wife. His application was approved a few days later and our client will soon receive his Green Card in the mail. (Back to Top)
Chinese I-485 Approved in June 1, 2010 Without RFE
After applicant's (Chinese) I-485 was filed on 12/15/2003, the EB3 China quota retrogressed. In the meantime, applicant moved to a new but same occupation to a different employer. Our office proactively informed the USCIS the new job, duties and requirements to establish AC21 eligibility. Upon the release of the 2010 June quota, we again proactively contacted USCIS to alert the Service the long pendency of this I-485 and requested expeditious processing in view of the liquidity of quota. Applicant's I-485 was approved first day (June 1, 2010) of the quota opening without RFE. (Back to Top)
Venezuelan, Married with Children, Gained a Green Card
One of our clients, a Venezuelan national, married an American citizen in 2006 and had three children with her and one presently on the way. He had entered on a B-2 visitor's visa back in 2001. He was previously married to a USC who filed an immigrant petition which was approved, but the green card was never issued. Our attorney filed the I-130 and I-485 applications with supporting documents. We also prepared the clients for their interview with USCIS. We advised the clients to bring their family and proof of a child on the way to the interview. The USC Spouse's mother was watching the children while the interview was being conducted. We made sure that the officer knew that the children were there. The couple also brought a plethora of supporting documents and pictures to prove the bona fides of the marriage. The interview lasted under 10 minutes and the petition and application for the Green Card were recommended for approval! (Back to Top)
Principal Applicant from Indian Gained a Permanent Residency in U.S.
Principal applicant is an Indian national. Immigrant quota for this country has not been moving as one would wish. We confer with client, review in detail the research papers, awards, grants, achievements in his area of expertise, including his publications, manuscripts, and conference papers. (Back to Top)
Scientist's Green Card Was Approved in Less than 6 Months
We also advise client each step of the way to work to accumulate support and reference letters from distinguished researchers, scholars, and scientists in the same field, and provided careful revision and highlight client's extraordinary ability and leadership role in his scientific field. We carefully covered all the period of stay and employment in the U.S., his birth and parentage. The Green Card was approved in less than 6 months. (Back to Top)
Mongolian U.S. Citizen Filed an I-360 for His Wife Petition and Got Approved
A client from Mongolia married a U.S. citizen and filed her I-130 Petition/I-485 Application. She appeared for her interview with her husband who falsely accused his wife of marrying him solely to obtain a Green Card. Her application was then denied. She came to our firm for help. We conducted research and found out that our client had entered into a valid marriage with her husband, but he ended up draining her of all her financial resources. He also abused her both verbally and physically on many occasions during the marriage. It was apparent that her ex-husband was using her to get money and for his own physical pleasures. We filed an I-360 Petition for Battered and Abused Spouses of U.S. citizens based on the verbal and physical abuse she received during her marriage. We received a request for evidence asking for more documentation regarding the abuse that occurred during the marriage. We provided significant evidence including affidavits from friends and family, a psychological report, documents to show that her ex-husband took advantage of her financial resources, along with other evidence that questioned the character of our client's ex-husband. The I-360 Petition was approved, and now our client can apply for her Green Card. Kristie Lumakin and Deborah Lee handled the case for the firm. (Back to Top)
After Our call, Client I-485 Got Approved a Week After Quota Opened
Applicant's I-485 was filed in 2007 when the DOS opened all quotas for employment based I-485 applications. There has been repeated since retrogressions causing delays and delays in adjudication. When quota opens this month, we contacted the Service on this application and highlighted the Service memo on timely adjudication. I-485 was approved a week after quota opened. (Back to Top)
Client Green Card Application Got Approved Within 4 Months After Interview
Applicant was laid off by redundancy. Subsequently received interview notice on her Green Card application. We advised applicant to be frank and truthful at interview and to provide the AC21 letter to the USCIS as soon as he receives a similar duty position job offer. USCIS approved the green card 4 months after interview. (Back to Top)
Client Gained Permanent Residency in U.S.
Applicant's I-485 was filed in 2007 when the DOS opened all quotas for employment based I-485 applications. There has been repeated since retrogressions causing delays and delays in adjudication. We pushed the USCIS each time when quota opened to adjudicate the case expeditiously. When quota opens this month, we contacted the Service on this application and highlighted the Service memo Hq70/23 & 70/28.1 when applications are otherwise approvable and FBI name check has been pending for more than 180 days, the adjudicator shall approve the I-485. Applicants' I-485 was approved a week after quota opened. (Back to Top)
Canadian, Married, Received Her Green Card in Just a Little Over 60 Days From Filing to Approval
A Canadian National married an American Citizen. Our attorney filed the appropriate I-130 petition , and the adjustment of status application the I485 (aka the Green Card Application). The Canadian National entered the United States after crossing one of the bridges and entered as a visitor. Since our client was from Canada, she was on the Visa waiver program and not issued an I-94. Our attorney filed the I-130 petition with all of the bona fides of marriage and the I-485 showing that she legally entered the country and was eligible to adjust status in the United States. Our attorney prepared the client and her spouse for the interview. The I-130 and I-485 applications were approved that day, the day of the interview. Our client received her permanent resident status in just a little over 60 days from filing to approval! (Back to Top)
Client Gained Green Card After Severe Problems
USCIS issued RFE to applicant on compliance of J1 HPSA service. Applicant was in a unique situation where he underwent surgery that kept him from compliance and then wife suffered a difficult pregnancy. We conducted comprehensive research on IGA waivers and exemption from inability to adjust for failure to fulfill the 3-yr term of HPSA service. We submitted a brief to USCIS in response, describing the statue, its interpretation, and application. Documentary evidence was also submitted to demonstrate due diligence by applicant, the extenuating circumstances exempting an J1 doctor who had to give up his/her practice under the waiver, and the relevant guideline as laid down in 8 CFR regarding physician adjustment. Applicant received his Green Card approval. (Back to Top)
Italian Received Green Card After Long Process
USCIS issued intent to revoke I-140 in 2009 after its approval in 2005. They questioned the past experience and the legal entity of the past employer. We worked with the sponsor to obtain the Italian government issued registration certificate and independent governing body in the named city, to establish the existence of the company during all material times from incorporation to dissolution. We also proved regulatory compliance to establish legitimate business as governed by trade organization. We further worked with sponsor to track down the company secretary to attest to applicant's work experience. Authenticated original and certified translations were submitted to the USCIS that there can be no doubt of the business entity and applicant's employment at the material time. We successfully defended the NOID and proved intent to employ and to be employed. As a result, applicant got his Green Card approval. (Back to Top)
J-1 Doctor and a Family Gained Green Cards
At the outset, we worked out a timeline for the client who is a J1 doctor so that he does not dose time in his I-485 filing. We ensured that the doctor fully complied with sec. 212(e) waiver, that his and his dependant applicants' legal names spellings, their relationship so that at the time of filing the family's adjustment, every issue that will be addressed to by USCIS and their supporting documents are clearly identified and provided, especially the waiver. We ascertained the translation of the applicants' names, status and employment have been USCIS authorized. The Green Card for the whole family were approved in six months without RFE. (Back to Top)
Client Whose Name Changed and Parentage Received Green Card
USCIS questions the legal name of the applicant. We provided independent government issued documents and affidavit to establish applicant's legal name, his name change, and parentage. The response was accepted and his I-485 was accordingly approved. Client already received his Green Card. (Back to Top)
Austrian Divorced Austrian Wife and Married an U.S. Citizen Received a Green Card in U.S.
One of our clients, an Austrian National, fell in love with a United States Citizen over the internet. They eventually met each other, and continued their relationship. During this time, his divorce was not finalized in Austria and took several years to complete. His divorce to his first wife was completed on October 19, 2009. After this he immediately flew to the United States to be with his then girlfriend. He arrived on October 21, 2009 and entered the United States on a visitor's visa. Once he arrived he and his soon to be wife find out that her landlord did not approve of them co-habitating, they decided to immediately get married on October 22, 2009. We were retained shortly thereafter. Our attorney interviewed the couple, did the filing and prepared them for their interview. The issue of dual intent (that is since he entered as a visitor he could not have the intent of going back to Austria and permanently staying in the United States) was dealt with in the filing, and the couple was prepared for any and all possible questions. The couple attended their interview on March 1, 2010 and his Green Card was approved the very next day. Less than two months from filing to approval! (Back to Top)
Mother Deported, But Son Stayed and Won His Green Card
Our client from China entered the United States in 1998 when he was a minor. He followed his mother into the United States. Both were detained upon entry and paroled into the United States to apply for asylum. Their case was denied by the Immigration Judge, and the mother was removed immediately to China. Our client's mother told her son to stay in the United States out of fear that he will be harmed upon his return to China. He later fell in love and married a United States citizen. They had one beautiful child together. Our client was eligible to file for his Green Card even though he had a final order because he was classified as an arriving alien. He and his wife appeared for their interview, and his application was approved!!! Now, we are filing a motion to reopen his final order so that his case can be eventually terminated. (Back to Top)
After No Success for 180 days, Client I-140 was approved in December 2009 and I-485 was approved in January 2010.
Our client changed job after his I-485 (not concurrent filing) has been pending for more than 180 days since 2008. We recommend to him to pro-actively inform the USCIS about the job change although there is no law requiring such action. Our office provided the USCIS a detailed confirmation from the new employer describing the alien's job title and duties, the job's requirements. The said letter also provided information on date of first employment, salary. Specifically, it confirmed their continued permanent job offer on the same terms and conditions of the alien's certified labor certification filed by sponsor. His I-485 application was approved without an RFE on the continued job offer. I-140 and I-485 was concurrently filed for research associate based on meteorology research. I-140 was approved in December 2009 and I-485 was approved in Jan. 2010. (Back to Top)
Mexican Petitions Wife to U.S. and Receives Her Green Card
A Mexican National married an American Citizen. They were college sweethearts. The USC met his future wife as an exchange student in Mexico. They fell in love. She came to the United States in June of last year and they decided to get married. Our senior paralegal Ding Reyes filed the appropriate applications. He filed the appropriate I-130 petition , and the adjustment of status application the I-485 (aka the Green Card Application), a work authorization application and an advanced parole application (allowing her to leave the country for bona fide reasons). The Mexican National entered the United States after crossing one of the bridges and entered as a visitor. Our attorney prepared our clients for their interview. Our attorney attended the interview at the USCIS office. It was recommended for approval that day. Our client received her Green Card within 30 days of the interview! She is now a lawful legal permanent resident. (Back to Top)
Success for a K-2 Client After a Denial for Adjustment of Status Application
Our client's adjustment of status application was denied by USCIS. He entered the United States as a K-2 (child of a fianc‚) when he was 20 years old. His mother married her United States citizen fianc‚ within 90 days. Our client and his mother both applied for adjustment of status. However, our client turned 21 prior to getting a ruling on his adjustment of status application. USCIS found that he aged-out and was no longer eligible for adjustment of status. His mother's case was approved. Our client was placed in removal proceedings. In removal proceedings, we renewed the adjustment of status application. The Court asked for briefs and we filed a detailed brief setting forth our position on the issue. We argued that due to a number of things, including legislative history and the differences between Green Card applications for K visa holders and under the normal preference categories, our client could adjust status since his entry to the United States as a K-2 was prior to his 21st birthday. It does not matter when his application is approved. In January 2010, the Immigration Judge in New York agreed with our argument and found that our client was eligible to adjust status. Scott Bratton is the attorney on this case. (Back to Top)
Client Successfully Gained Permanent Residency After Passing Background Check
The client's adjustment application and waiver was re-filed with the Court during his hearing. Our attorney made sure that the waiver becomes a part of the adjustment application. When the client's appeal to his denial of waiver was dismissed by the USCIS, he almost completely gave up hope. He was so miserable that he asked us to "make sure not to continue". We offered him hope and he remained positive about his case. At his individual hearing in front of an immigration judge, the trial went on for 3 hours. At conclusion, the government lawyer agreed not to contest the Court's decision. The Immigration Judge ordered adjournment to allow biometrics and medical exams to be done for the Client's adjustment. On January 13, 2010, the Immigration Judge granted the Client permanent resident status after the Client passes background check. (Back to Top)
Woman from Poland Received her U.S. Citizenship After 40 Years of Permanent Residency
Our client from Poland was a lawful permanent resident for more than 40 years. She wanted to apply for naturalization and came to our firm for help. We requested a waiver of the English language test based on the number of years she lived in the United States after obtaining permanent resident status. The statute exempts applicants who are over 50 years old and have lived in the United States for at least 20 years after obtaining their Green Card from taking the English language test. We filed her citizenship application in October 2009, and less than three months later her application was approved. (Back to Top)
Widow and Children from Palestine Gained Their Permanent Residency
Our client and her husband from Palestine applied for asylum, and their applications were approved. Our client and her children were granted derivative asylee status. This good news was followed shortly by a tragic turn of events. Our client's husband passed away in a car accident. Our client and her children applied for I-485 Applications but they were denied. USCIS found that they were ineligible because the relationship with the principal applicant, our client's husband, no longer existed. Our client then turned to our firm for help. We refiled the asylum applications for the whole family and filed a motion with the Asylum Office in Chicago for the applications to be approved nunc pro tunc (to a date in the past), recapturing the date of the initial grant of asylum. The Asylum Office granted all asylum applications nunc pro tunc (to a date of the initial grant of asylum). Our firm then filed motions to reopen the denied I-485 Applications nunc pro tunc. Immigration reopened all of the cases and approved all of the Green Card applications for our client and her children. Troy Murphy and Deborah Lee handled the case with the assistance of Francis Ramirez. (Back to Top)
Tibetan Came to U.S. to Teach Buddhism & Won Permanent Residency
Our client was originally from Tibet but left his country many years ago for religious pursuit in India and Nepal. He came to the US to teach Buddhism a few years ago and was referred to our office for Green Card application by a friend. Although it was very difficult to gather some of the documents requested for this visa category such as remuneration as Buddhist monks do not get paid either monthly or annually like some of the Christian religious workers, through our hard work and with our expertise, we overcame all obstacles and got his I-360 approved. We filed his I-485 in July 2009 and it was approved in Nov. 2009. During the I-485 stage, we also helped him to fix his date of birth. He has been given various dates of birth ever since he left Tibet because of the confusion between Tibetan calendar, Nepal calendar and Western Calendar. (Back to Top)
Indian Legal Permanent Residency in U.S. Was Not Allowed to Travel Outside U.S and Return back, but now He can Travel and Return
One of our clients, an Indian is a Legal Permanent Resident, meaning this person has their Green Card. He was criminally charged with possession of a controlled substance, less than 100 mg of marijuana. Although a minor misdemeanor, this particular charge if convicted, would render our client inadmissible. This means that if he left the country with this type of charge, he would not be able to re-enter upon his return. Our attorney filed all discovery requests with the prosecutor, called the prosecutor many times to negotiate a plea deal that would result in a charge that would not render our client inadmissible thus retaining his legal permanent resident status. At the first pre-trial, our attorney spoke at length with the prosecutor about our clients equities, meaning that our client did not have a criminal record and but for this charge, has had a stellar record, is an exemplary person and a contributing member of our society. The Prosecutor did not understand how a minor misdemeanor would render a person subject to losing their green card. Our attorney spoke with the Prosecutor and explained the difficulty of immigration law and the harsh and yet unfair results that what seems to be a simple charge a misdemeanor can have such adverse effects on a non-citizen. The Prosecutor agreed and amended the charge to another misdemeanor of disorderly conduct which our client plead out to. By this action, our client is no longer inadmissible and will be able to keep his Green Card upon returning to the United States if he ever decides to travel outside of our country. (Back to Top)
Buddhist Monks & Chinese Interpreters Win Green Cards Without Request for Evidence
I-360/I-485 religious worker/interpreter for Buddhist organization: our office has not only successfully assisted our religious monks/Buddhists in obtaining their Green Cards but also successfully in getting the Green Card for their Chinese translator who works closely with the religious group and performs written and verbal translations for Buddhist teachings too and communications with Chinese groups both in the United States and in other countries. The interpreter is Taiwan national who joined the Tibetan Buddhist group in Taiwan while attending their Buddhist teaching there. We achieved the I-360 approval for the interpreter relying on her many years of membership, volunteer work, employment with the organization and her demonstrated knowledge of and devotion to the religion. Her I-360 was filed in July 2008 and was approved in Dec. 2008 without Request for Evidence. Her I-485 was filed also in Dec. 2008 and was approved in Nov. 2009, again without Request for Evidence. (Back to Top)
Man from India Came to U.S. to Attend Father's Funeral & Take Care of His Mother: Received Permanent Residency
One of our clients, an Indian national arrived in the United States in 2006 to attend his father's funeral and take care of his mother. He entered legally on a B-2 visitors visa. Because his mother was elderly, he needed to stay with his mother. He contacted our firm in 2008 and we found out that a Immigrant Visa Petition was filed by his father's brother before 1998, which mean that our client was grandfathered under 245 (i) since he would have been a derivative beneficiary of his father's I-130 petition. Since he aged out, meaning he was over 21 when a visa number became available he could not adjust under that petition but an I-130 petition was filed on behalf of his USC mother. He was able to adjust status under the grandfathering petition of 245 (i). Our attorneys prepared the case and attended the final interview with our client and his mother in Texas. The Adjudicating Officer saw that we came all the way from Cleveland and stated that our client has a "good lawyer" and granted the I-130 petition and adjustment of status application after reviewing it later that day. Our client received his approval notice "Welcome to the United States" two days after his interview! (Back to Top)
Client Green Card for His Wife
A client who is a naturalized U.S. citizen retained our office to help him with his wife's Green Card. While on vacation in Jordan, he met a beautiful, young woman through mutual friends. It was love at first sight, and they spent the rest of the summer dating and getting to know one another. They married and our client left to return to the United States. He was going to petition for her while she was overseas because she wanted to stay to pursue more school. Later, she decided to come visit her husband and her own family members in the U.S. and applied for a tourist visa. She applied for an extension of her tourist visa because she wanted to do more sightseeing in the U.S. Then, our client's world turned upside down as his father passed away. Our client's wife ended up staying to comfort her grieving husband. Our client, not wanting to lose his closest companion, decided to apply for her Green Card while she was in the United States. He applied for the I-130 Petition/I-485 Application in July 2009. They were scheduled for an interview in November 2009, and the application was approved! Ding Reyes and Deborah Lee handled the case for the firm. (Back to Top)
Peruvian and His Wife Gained Their Green Cards After 10 Years Unlawful in the U.S.
A client from Peru retained our firm to file the Green Card applications on behalf of himself and his wife. They both entered on tourist visas and overstayed the expiration of their visas. We had helped our client file an I-140 Petition for Alien Worker which was approved. Although our client and his wife fell out of status, they were eligible to apply for Green Cards because our client's I-140 Petition was filed on or before April 30, 2001. Our client and his wife were both grandfathered under INA Section 245(i) which allowed them to apply for permanent resident status even though they had accumulated unlawful presence in the United States for almost ten years. Visa numbers became available for their employment-based category in July 2007, and we filed their Green Card applications immediately. We demonstrated that our clients were eligible to adjust status and that they had met all the requirements of physical presence as required by the statute. Two years later their applications were approved! Deborah Lee and Jackie Tong handled the case for the firm. (Back to Top)
Indian Came to U.S. With B-1 Visa and stayed for 10 years, Married, Received his Permanent Residency
He was only 27 years old in May 1997 when he left India and came to the US with a B-1 Business visa good only for 6 months. He never left the country seeing the unlimited opportunities in the US that are rewarded through diligence and hard work. For more than 10 years from 1997 to 2007, he travelled from, moved to, and lived in 4 major cities in the US. He struggled to put his own food on the table, and received the extremely devastating news in 2003 that his wife had died of undisclosed major illness in India. In 2004, he met his girlfriend in New Jersey. They worked together and saved money. In 2007, they got married and moved to Ohio to grab that opportunity to start a small business. His wife was also from India and only a permanent resident when they got married and naturalized in 2009. We filed the petition and applications for his Green Card dealing with a major issue how to account our clients' activities for so many years he overstayed in the US. Another problem was to re-constitute and re-produce the evidence of his legal entry. He lost all his immigration documents by moving residence many times over the years. Without evidence of legal entry, he is not eligible to adjust status. His work authorization and Green Card were both approved. (Back to Top)
Mexican, Married, Gained Work Authorization and Green Card
A strong marriage relationship entered in good faith based on love is a beautiful thing. It was the "personal guaranty" for our Mexican client to get his permanent residency. In April 2007, he came to the US with non-immigrant temporary working visa. He was single and with his education and skills, he was eligible to get the Green Card through employment. He was not so lucky, however, as his employer grossly violated the terms and conditions of his contract of employment. He was maltreated and was forced to quit his job that automatically cancelled his US visa. He met his girlfriend, a US citizen, in TN and 2 years thereafter they got married in May 2009 when they moved to Ohio. We filed the peti (Back to Top)tion and applications with his overstay and unauthorized work among the issues. Work authorization and conditional Green Card valid for 2 years were approved and issued.
Chinese National PH.D Received an Approval of His I-140 and I-485
I-485 approval for outstanding researcher: Chinese national, Ph.D, research scientist with background in chemistry. In December 2008, our office filed the I-140 EB-12 petition (outstanding researcher with concurrent filing of I-485s for client and dependents to Nebraska Service Center. In August 2009, we received Request for Evidence from USCIS for I-140 and we responded to the RFE in about one week and the I-140 was approved one week later. In October, 2009, CIS issued RFE for I-485 regarding x -ray report and birth certificate, the I-485s were approved 10 days after our response. The entire process from filing the I-140 to I-485 approval is just little over 10 months. (Back to Top)
Student Visa Overstay from Cyprus Wins Green Card After One Month
Our client from Cyprus first time came to United States in 1992 on a student visa. He finished his bachelor's degree and overstayed his visa. He retained our law firm in winter of 2005. He had Labor Certification previously filed by his employer back in 1998 and since the client never left the country we had I-245 (i) case. Aliens may be eligible for Section 245(i) because they are beneficiaries of a visa petition or application for labor certification filed after January 14, 1998, and on or before April 30, 2001, should submit documentation along with this form that demonstrates physical presence in the United States on December 21, 2000. Since our client was eligible we agreed to help him. January 2006 we prepared and filed I-140 Petition which was approved one month later.
Unfortunately, the quota to file for his Green Card Application was not open. In June 2008, we found out the quota became available, so without waiting we quickly prepared his I-485 - Green Card with filing fee and fine, together with I-765 - Work Authorization Applications and filed with Immigration. His Work Authorization was approved within three months so our client for the first time was able to work legally in this country. Shortly after EAD approval the client's Green Card was approved too. He is very happy after so many years he can finally visit his family back home. (Back to Top)
Mexican Who was in Deportation Proceedings Won Permanent Residency in U.S.
One of our clients, a Mexican National was detained by Immigration and Customs Officials in March 2008 as a result of a routine traffic stop here in Ohio. She was transferred to a detention facility in Texas. Our team of attorneys went to work to find out how she could obtain her Green Card. Her father, a Mexican Citizen, is also a permanent resident of the United States a Green Card holder, filed a I-130 petition for his unmarried daughter under 21 back in 2001 when she was under 21. The I-130 was pending when she turned 21, and a visa number was not current until May of 2007. Our team figured out that she was eligible to adjust under the Child Status Protection Act since the purpose of the Act was to preserve a person's age under 21 so they could adjust status and get their Green Card. The Green Card application was also filed with the court in May 2008, exactly after a year that the visa quota was open. Due to the complexity of the law, our attorney Scott Bratton was able to figure out that she was eligible to adjust under CSPA and as well under 245 (i) since she was present in the United States on December 20, 2000. All appropriate applications and support documents were filed. Since she was in deportation proceedings, she had to have her final hearing in front of an immigration Judge.
Our attorney worked out the details with the DHS attorney before the hearing. He helped the government understand that she was eligible to adjust, he did hours of research before the case with Attorney Scott Bratton and prepared the clients for a hearing. After speaking with the DHS attorney, the DHS attorney just wanted to make sure that her sponsors on required affidavit of support was current and accurate. The affidavit of support is required to ensure that the newly admitted alien as a permanent resident will not become a public charge. The hearing went ahead and after 10 minutes of questioning, the government did not oppose the adjustment of status and our client received her permanent resident status. It was an emotional time in court when our client received her Green Card status! Bravo to our team of paralegals and attorneys who helped make this day possible for our client, figuring out that she had relief under the complex laws of the Child Status Protection Act. (Back to Top)
Engineering Graduate Wins Green Card
PERM is complex as the aim is to assure that admission of foreign workers will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. Our client has a master's degree in Engineering. Our attorney carefully analyzed and drafted the job duties and requirement to ensure that they met the O*NET and Occupational Handbook definition. The EB2 labor certification was certified in 6 months without an audit. We assiduously prepared and filed the 1-140 petition and 1-485 adjustment application, ensured the consistency of all the information submitted both the company and person and that they were properly documented. The 1-140 was approved in a little over 2 months without RFE. Three months later, the 1-485 was also approved. (Back to Top)
Indian I-485 Approved in September 2009 Without RFE
An Indian in employment based adjustment had his 1-140 approved in 2006 and was waiting since for quota to open. He was caught by the FY 2007 visa bulletin fiasco when USCIS retracted all EB visa just about aliens are ready to file. We know that our client and others relied on the July Visa Bulletin to make strategic decisions in connection with their immigration matters. We also anticipated at the time that USCIS could not have not taken any remedial steps to address the situation. We advised the client who agreed to file the 1-485 application anyway pending any decision by the USCIS. The application was accepted and USCIS issued the 1-485 receipt so we kept an early processing date. Indeed, client made a strategic move on his career in August this year. Our office pro-actively and immediately filed the "AC21/1 letter in the absence of an RFE on the continued job offer bearing in mind a lapse of 2 years since the 1-485 filing back in July 2007. Client's 1-485 was approved in September 09 without an RFE. This was successful due to our attorney's insight and experience in issues pertaining to employment based adjustment process. (Back to Top)
Polish Doctor Gained Work Authorization, Travel Documents, and Green Card Spouse and Minor Son
Our client was born in Poland and finished his education in the US. He naturalized in 2000 and is currently a young physician employed by the most prestigious hospital in Greater Cleveland area. He retained our office to get the Green Card for his fiance and her minor son. His fiance had previously traveled and stayed in the US with J-1 visa. They got married after she and minor son last entered in December 2008 with B-2 (tourist) visa. We filed the petitions/applications confronted to deal with the issue concerning her previous entry under J-1 status whether or not she was subject to 2-year foreign residency, or, whether or not she was required to go back home and live for 2 years before being eligible to apply for permanent residency in the US. We were able to establish that she was eligible to adjust status. Between September and October, 2009, work authorizations, travel documents and Green Cards were approved for her and minor son. (Back to Top)
Indian Doctor Received I-485 Approval on September 21 Without Request For Evidence
An Indian physician in employment based adjustment had 2 separate LC's filed at different times. 1-485 application was filed back in August 2007 but was kept pending due to quota retrogression and closure. Our office monitored the quota regularly and once it became open on September 1st this year, we immediately notified the Service Center on September 3 that applicant's eligibility to the earliest priority date under 8 CFR 204.5 and that it was open giving applicant an immigrant visa # to adjust. USCIS issued the 1-485 approval on September 21. And no request for evidence. This was successful due to our office's diligence in preparation, processing and management of cases at hand. (Back to Top)
Family Received I-140 and I- 485 Approval
Client's former attorney held onto his certified PERM for more than 4 months and not released to the employer/sponsor over a dispute on fees. His E2 was not in good shape. Upon being retained, we immediately contact the sponsor and his attorney and prevailed upon them the legal consequences of his action or inaction. We secured the release on July 6, helped the sponsor and client completed the 1-140/1-485 paperwork including medicals, translations, and all supporting documentation in two weeks,Concurrent 1-140/1-485 (plus 4 dependents) was filed on July 28. Fingerprint was completed on August 29. The family received their Green Card on October 17. Client was very happy. This was successful because of our diligent work and attention to details in all aspects of the application which resulted in a quick and successful approval without RFE. (Back to Top)
Theology Graduate Wins PERM After several Rounds With Labor Department and USCIS /h3>
We were contacted by a client on his first R-1 visa petition to start work as a religious worker and also on the possibility of his Green Card application in the mid of July 2007. The client was just finishing his master degree study in theology and had received a job offer for a position of associate minister for a protestant church. We had no problem for his R-1 visa which we filed quickly after receiving all supporting documents from the client and the employer, but we really had to work to figure out which way to go for his Green Card.
The I-360 requires two year employment, but since he had just graduated and had not even been employed yet, the normal I-360 was out of picture until two years later. The only possible and available choice at that time was the labor certification (PERM) process. However, PERM process requires clear and strong financial evidence to show employer's affordability to hire an alien worker while churches are not required to file tax returns and thus having no ready and official documents to prove the financial strength. After we explained all scenarios to our client and employer, we decided to move on with the PERM application. As we expected, we had to go through several rounds with the Labor Department and USCIS on the financial issues.
But with our expertise, we successfully secured the labor certification, and concurrently filed the I-140 and 485 for client and his whole family. The whole process started in July 2007, and client and his whole family received their Green Card in September 2009. If we were not taking the tough PERM route for this client, he would not even able to start his Green Card process even by now because he would have been able to start working until he got his R-1 visa approved which takes anywhere from 6 months to 1 year or even longer and after that he has to be on the job for two years before he can apply for Green Card, which would be sometime in 2010. We have saved client many years in getting his Green Card. In his email, the client says: "Today, I realize that you (case worker), Ms. Wong and all employees of MWW are visible angels for those who suffers from the status problem. Without you-all's help, I may not have received any kind of positive letters from the USCIS." (Back to Top)
Husband and Wife from China and Citizens of Panama Gained Their Green Cards in U.S.
Two of our clients, husband and wife, both born in the People's Republic of China and citizens of Panama, received their Green Cards through an approved I-130 petition filed by our client's USC mother. Back in the mid-1990's our client received a work authorization card filed for him by a non-attorney who filed for an asylum application. When he received the EAD he applied for a social security card. Once he was placed into deportation proceedings, he immediately went to immigration court and got the proceedings terminated and he left for Panama the very next day. He re-entered in 1998 on a tourist visa and never left. His almost 90 year old mother filed for a visa petition for him which was filed for him before April 30, 2001. He came to our office and asked for our help. Our team filed an I-485 petition for an immediate relative. When our attorney attended the interview, the officer found him inadmissible due to the "fraudulent use" of an EAD although there really was no fraud. Our team immediately filed a 601 waiver for his almost 90 year old mother and the Green Card applications were approved for both our client and his spouse. (Back to Top)
Chinese I-485 Denied in 2008 got Approved After One Year
An I-485 Application to Adjust Status was filed for a Citizen of China on July 30, 2008 based on her asylum application. Her case was denied August 20, 2008 indicating that the Applicant did not appear for biometrics on March 14, 2007, some 16 months before the actual filing took place. Our office was retained to help her. We immediately filed a Motion to Reopen with the Service Center indicating the mistake and requesting an adjudication. While this Motion was under review and the Service not willing to move as quickly as possible, we have contacted the USCIS office eight times pushing them and requesting that the Applicant's Motion be reopened and I-485 Application be approved. I-485 was finally approved on September 14, 2009 within one year of filing without Applicant appearing for biometrics. (Back to Top)
El Salvadoran Entered U.S. in 1990 Illegally Gained Permanent Residency
In January 2001, our client retained our office. She is from El Salvador who entered the country in 1990 without a visa. She was married to a permanent resident but her husband, for some major issues, could not apply for US citizenship to make it easier for her to apply for Green Card. We started legal work by applying Temporary Protected Status along with employment authorization. We also filed her husband's I-130 Petition before 245 (i) cutoff date of April 30, 2001. TPS, work permit and I-130 petition were all approved but, she could not adjust status as she had to wait for the I-130 quota date to open. We filed for TPS extension and renewal of work authorization every year or every 18 months for the period TPS protection was re-designated by USCIS. We were able to keep our client in legal status allowed to stay and work in the US since 2001. In 2007, the quota date of her husband's I-130 petition opened making her eligible to apply for Green Card. The key to the entire process, though it looks slow but super effective, was the filing of the I-130 Petition before April 30, 2001. Filing the I-130 was like a hidden seed we planted that yielded the golden harvest for our client after six (6) years. We did not miss the deadline to protect the rights of our client under 245 (I). We filed the application for Green Card and it was approved in August 2009. (Back to Top)
El Salvadorans Husband and Wife Entered U.S. Without Visas Received Green Cards Under NACARA After Many years
We got the Green Card for our clients, husband and wife, under NACARA, a special legislation in aid to Immigration and Nationality Law. It was not an easy process for the journey. We started the work in 2001 and finished the job in 2009. This couple both from El Salvador entered the United States before 1989 without visa. They met in this country, got married and started their journey for an American dream. In 2001, after laboring for more than 12 years to obtain any immigration benefits, our office initially assisted them to get Temporary Protected Status (TPS) allowing them to stay and work legally in the US. Our office did not stop work on the case as clients were determined and persistent to reach the finish line. We found out that husband was eligible to apply for Green Card under NACARA, a special legislation granting permanent residency to nationals of certain countries in Latin America and in Europe. El Salvador is one of those countries. NACARA requires applicants to fulfill pre-existing conditions or must prove that certain events happened during their stay in the US to establish eligibility. We applied for the husband and his Green Card was approved in 2006. However, initial examination of facts revealed that wife was not eligible. Our office again did not stop working. We continued our research and found out that wife was eligible under a different category. (Back to Top)
Canadian Husband and Wife Gained Their Green Cards in 2009
We filed NACARA for the wife and her Green Card was approved in August 2009. Their marriage has been blessed with three (3) US citizen children.
Our client, a Canadian, has been allowed to travel in and out of, and work in, the United States since 2001 with a Traders Non-immigrant visa (TN) renewable annually. Affected by economic recession in the United States and Canada, he was not able to renew the TN visa. The last extension granted valid from June 2007 to June 2008. He got married to a US citizen. Love can overcome everything. We filed the marriage case in April 2009 and conditional Green Card approved in August 2009. (Back to Top)
Chinese Client who had Final Order of Deportation Gained Permanent Residency in U.S.
One of our clients, a Chinese National, had a final order of deportation and was apprehended by Immigration and Customs Officers. Our Attorney Deborah Lee was successful in getting him released from ICE Custody. Our team realized that his father filed an immigrant petition on his behalf back in the late 1990's. Since our client was present in the United States on December 20, 2001, and had an immigrant petition filed for him, he is eligible to adjust status under 245 (i); however, he had a final order of deportation. During his last entry into the United States, he was paroled into the United States. Therefore, he is eligible to adjust status because he is considered an "arriving alien" despite having a final order of deportation. He was apprehended by ICE officers because he had a final order of deportation. Our attorney prepared our client and his father for the I-485 interview. After the interview, USCIS issued a Notice of Intent to Deny, since USCIS thought our client was married since he was the father of four children and the mother was the same woman. Therefore, USCIS argued that he would be ineligible to adjust status as an unmarried child over the age of 21. However, he was never married, and signed the appropriate affidavits of paternity as required by Ohio Law. Our attorney filed a response to the Notice of Intent to Deny along with the help of other attorneys on our staff, arguing that he was eligible to adjust and submitted the certified copy of the affidavits of paternity. The signing of the affidavits of paternity indicated that he was not married under to Ohio law to the mother of his children. The USCIS argued that he was married without providing any more information and threatening that they were going to deny the adjustment of status application. Our attorney submitted a 12 page brief in support of our client's application. After our attorney's brief was submitted, within two weeks, our client received an approval notice. He is now a permanent resident. (Back to Top)
Client Received a Work Authorization to Work in the U.S.
Client came to us to help her after her USC husband was convinced by a USCIS officer to withdraw his I-130 application. After we were retained, our attorney researched the case and recommended that our client refile the I-130 application with her husband, work authorization and application for the greencard. The word authorization is the first step in this process and that was approved so our client can work in the United States during the pendency of her I-130 and I-485 application! Congratulations to our client who can continue to work legally in the United States. (Back to Top)
Client I-1765(Work Authorization) Got Approved
Client came to us asking him to gain permanent residency. He had an approved I-130 petition filed for him by his mother in 1999, there was no 245 (i) availability, but his mother had an approval for her green card through her marriage to a USC spouse. Our attorney and a paralegal filed the I-765 Work Authorization along with the I-485 application, and the work authorization was approved shortly after filing the initial application! Our client is able to work legally in the United States. (Back to Top)
Client had I-130 Approved Petition Filed by His Mother Received an I-485 Approval without RFE
Client came to us asking him to gain permanent residency. He had an approved I-130 petition filed for him by his mother in 1999, there was no 245 (i) availability, but his mother had an approval for her greencard through her marriage to a USC spouse in 1996. Our client entered the United States as a tourist in 2003. So because he entered as a tourist in 2003, he was not 245 (i) eligible under his mother's I-130 but he was eligible under his step-father's I-130 for our client's mother. Our attorney and a paralegal filed the initial application, and prepared our client and his mother for their initial interview with USCIS. Attorney Margaret Wong attended the interview. The initial filing did not contain the 245(i) application because our client did not have the paperwork for his step-father's I-130 for his mother. Because we knew that there was an approved I-130 petition for our client's mother through his step father, he was 245 (i) eligible and Margaret Wong argued that he was 245(i) eligible and the Green Card was approved the day of the interview. Great work to our team and congratulations to our client! Client was dependant of asylee Green Card holder. Former attorney failed to submit proof of asylum benefit and case got denied. We resubmitted with an I-730 approval. This time, the I-485 was approved without RFE. (Back to Top)
German Couple with An E-1 Visas Received Their Green Cards on April 10, 2009
A German couple who were on E-1 visas for their work in developing a computer engineering company in the US hired us to do the Green Card applications for them. We started with filing the labor certification on January 24, 2008 after it was determined that there were no qualified US workers for the husband's occupation. We received approval on March 31, 2008 and filed for the I-140 on May 1, 2008 requesting consular processing so the aliens could get their immigrant visas (IV) in Frankfurt Germany after completed the packet 3 and 4 process. The I-140 was approved on October 27, 2008. Shortly after NVC started the consular process. Documentation and forms were gathered and the clients had their IV appointment in Frankfurt and received the Green Cards on April 10, 2009. The couple was very happy to know that they can now reside permanently in the US. (Back to Top)
Man from Vietnam with F-1 Visa, Married, Got Green Card Issued After 2 Months and 25 Days From Date of Filing
A husband and wife are from Vietnam. The wife was still a permanent resident when she met her husband. The husband had an F-1 visa taking a post graduate course in one of the Universities in Ohio. She works as a Scientist at one of the prestigious American companies in Northeast Ohio. The love relationship blossomed culminating to their marriage. After the marriage, the wife filed an Immigrant Visa Petition - I-130 without legal assistance. The petition was under quota preference category because she was still a permanent resident at the time it was filed that the husband will have to wait for at least 5 years to become eligible for adjustment of status in the US. The husband should remain in status during the 5-year period. The wife naturalized while the I-130 was still pending adjudication and the husband's F-1 status was about to expire at that time. Confronted with these issues, they hired our firm. We did not hesitate to file the husband's adjustment of status - I-485 only and ancillary application for Employment Authorization making reference to the pending I-130. We also filed application for travel document, advance parole, to allow him to travel while the case is pending. The case was approved and conditional Green Card issued after 2 months and 25 days from the date of filing. (Back to Top)
Syrian Doctor who is a U.S. Citizen Gets Green Card for His Wife
Our client is a medical doctor from Syria. In 1997, we assisted him to get his Green Card through a combination of employment-based and family-based immigration system. He got his Green Card in 1999. Eligible for citizenship in 2002, he became a US citizen. His mid-life crisis came in the middle of his lucrative medical practice in MO, as he divorced in 2007 with 2 young US citizen children. He re-married in November 2008. He met his 2nd wife also from Syria when she was visiting the United States. He has been our client for more than 10 years and with efficient and professional service we have rendered to assist him on immigration matters, he did not hesitate to retain our office again to get the Green Card for his 2nd wife. We filed the necessary petition/applications in February, 2009. With lightning speed, case was approved in May 2009 and Green Card issued after only 3 months from filing. (Back to Top)
Dominica Republican Who had Pending Application for 4 Years Gained Green Card Valid For 10 Years
In 2002 at age 18, our client, a citizen of the Dominican Republic, came to the United States with V-3 non-immigrant visa with travel and employment authorized during the validity of the visa. He was issued a V-3 immigration status for being a derivative minor dependent child of V-1 based on an approved I-130 petition under F2A category with priority date in October 1998. In 2004 when the quota for the I-130 petition opened, he filed on his own an I-485 application for Green Card. The application was pending for 4 years but was eventually denied in 2008 for abandonment. He abandoned the case because he "aged-out" or had reached the age 21 and he also got married to a US citizen in February 2007. As a general rule, he was no longer eligible to adjust status under the benefits of V visa classification. In addition, his decision to abandon the application was precipitated by multiple criminal charges and convictions of incidents happened between 2005 and 2008. One of the charges was a serious felony indictment. He hired our office to get his Green Card. Our office was confronted with major issues, such as "aged-out", criminal convictions and bona-fide marriage relationship. In July 2008, we filed his I-485, the 2nd application for adjustment of status. Our office submitted the necessary documentation to deal with the foregoing issues at the time of preparation, filing and interview. The case was approved and permanent Green Card valid for 10 years was issued in May 2009. They are now a very happy couple with their marriage being blessed with 2 children - twins. (Back to Top)
British Born and Raised in Hong Kong was Petitioned by U.S. Citizen Born in Mainland, China, Gained Green Card
Petitioner/husband in an I-130/485 is a naturalized US citizen born in mainland, China. Beneficiary/applicant/wife is British national born and raised in Hong Kong. Both are professional pilots of commercial aircraft. Three (3) days after she entered the United States on a visitor's visa, they flew to Las Vegas, Nevada, and contracted a "shotgun marriage." Our office was confronted with a task to overcome "intent issue" during preparation and filing of the applications since they got married clearly within 90 days from the date of wife's entry in the United States. However, we found out that they had started their love relationship at least 2 years before their marriage when they first met as students in an aviation school in the United States. We put together records and paperwork documenting their love relationship and submitted to CIS to overcome the issue. CIS officer recommended approval of the case for a conditional Green Card at the interview. (Back to Top)
Canadian, U.S. Citizen Petition Her Husband and Gained his Green Card
A Canadian client retained our office to file for a Green Card based petition by his wife, a United States citizen. We filed the necessary I-130 petition and I-485 application to adjust status along with ancillary request for employment authorization. He was under F-1 status needed to work as soon as possible. CIS fingerprinting and biometrics were taken immediately thereafter the interview. However, at the interview, CIS officer confronted him with a criminal conviction for an incident that took place 26 years ago when he was living in the United States with a non-immigrant visa status. Our client by honest mistake simply forgot to disclose to us the criminal conviction at the time of preparation and filing the Green Card applications. Non-disclosure of the conviction became a major issue that might result in the denial of the case for misrepresentation. Our office was confronted with difficulty to submit the criminal records to meet the deadline set by CIS since the case so old, the Court has to locate the documents in archives at a different location. However, within 30 days after we submitted the records, CIS approved the case and a conditional Green Card was issued that is valid for 2 years.
In August 2008, the step-mother became a naturalized US citizen. With the quota opened, it upgraded the approved I-130 petition for adopted step-son to an immediate relative. In November 2008 we filed for the stepson an I-485 application for a Green Card and I-765 application for a work authorization. USCIS sent us a request for additional evidence with major issues focusing on the legal entry of the stepson who entered the United States as a citizen and national of India without a visa. We argued that the step-son was covered by 245 (i) and therefore eligible to adjust status. The Green Card was approved at the interview 6 months from filing the case. (Back to Top)
Daughter Petitions Her Father and Received Work Authorization and Green Card Approval After Three Months
Our client, a naturalized United States citizen, retained us to apply for the Green Card of her father. Her father came to the United States with a visitor's visa. He is 81 years old and with some health problems. We filed the necessary petition and application with USCIS along with request for employment authorization. Though her father is not required to pay the fingerprinting and biometrics fees, however, his fingerprints must be taken and be submitted for security check. He encountered problems submitting readable fingerprints. CIS had to schedule him 5 times and took his prints 3 times. In addition, the case was transferred to a different USCIS Service Center. The case had to be adjudicated without interview. We received a Request for Evidence from the Service Center to submit documents to prove and establish paternity relationship. We filed the response primarily relying on secondary evidence. After 3 months the work authorization and Green Card were approved. The case was finished within 8 months from filing because of our prompt actions to file quick responses and to follow up the case with CIS. (Back to Top)
Client From United Kingdom With Family Gained Their Permanent Residency After More then 10 Years Living in U.S.
In 1998, we successfully assisted our client from United Kingdom to get a Green Card through employment-based category, and at that time he was living in Ohio. However, he and his family have traveled and moved to different states the last 10 years looking for much more lucrative employment. Apparently satisfied with our legal service, he did not hesitate to retain us to apply for a new Green Card valid again for 10 years. We filed the application and case was approved in 3 months. He has now 3 United States Citizen children.
Our clients hired us after the I-130/I-485 applications that they had filed with USCIS were denied. The motion to reopen filed by former counsel was also denied. We re-filed the applications with USCIS. The case was set for an interview in New Jersey in May 2009. After an interview, the I-130 and I-485 applications were approved by USCIS. Our client received a stamp in her passport to serve as her evidence of permanent resident status until the Green Card came in the mail. Scott Bratton handled the case. (Back to Top)
Romanian Entered U.S. Illegally, Returned to His Country, Received Green Card & Reunited With His Family
An alien from Romania retained us to file for his immigrant visa through his already approved I-130 from his US Citizen petitioner wife. Alien had entered illegally and was not 245(i) so the process required him to return to his home country of Romania and use the National Visa Center for an immigrant visa interview to be set up at the Bucharest US Consulate. The alien required an I-601 waiver as well for his entry without inspection. Our office worked diligently with the alien and his US citizen wife and documented the exceptional hardships the US Citizen wife would experience if her husband was not allowed to return to the US. The husband and wife also have a US Citizen child who would also experience exceptional hardship if his father would not be allowed to return to the US. We initiated the NVC process on January 28, 2008 and on September 22, 2008 the alien was scheduled for an immigrant visa interview on October 28, 2008. On October 28, 2008 the alien was interviewed and he gave the I-601 waiver application to the US Consular Officials in Bucharest who then passed the application onto the Vienna American Consulate overseeing office for them to make a decision. We were delighted to hear that the applicant received a ten year Green Card on April 14, 2009 and will be able to enter the US to reunite with his loving family. (Back to Top)
African Religious Sister, Catholic, Received I-485 Approval in 2009 Without RFE
I-485 based on I-360: Religious sister, Catholic, from an African country, we first filed the I-360 in Feb. 2007 and did the RFE response in June 2007 but it was denied in July 2007. We then filed a motion to reopen and the I-360 was reopened and approved in September 2007. The I-485 was filed October 2007 and it was approved April 2009, without RFE. (Back to Top)
Client came to U.S. With a J-1 Visa Gained His Green Card
I-485: An exceptional case for adjustment of status: Client first contacted our office many years ago. He came into the U.S. on a J-1 visa, but was out of status already. We first helped him with a J-1 waiver and then tried to help him with his Green Card based on his marriage to his USC wife. Unfortunately, the marriage did not work and client never gained any legal status. Last year, after moving far away from Ohio, our client came back to us in person for help on his Green Card again. He has been remarried to a Green Card holder and has also invested in his own business designing and manufacturing high-tech tracking devices for hiking and for children's safety, which was inspired by the need of safety for his own children. He desperately needed a valid legal status so he could work and travel. After reviewing all of his documents, we decided to file an employment-based immigrant visa petition, with concurrent filing of I-485/765/131. The I-140 was approved in three months after the filing. While the I-485 was pending, the client was able to work and to travel out of the country for his business for the first time in many years. In the meantime, our office worked hard in reviewing each and every element of his case and researching for all relevant legal and factual bases to support this case. Most impressively, our client's I-485 was approved in March 2009. One of our senior paralegals, worked on the case. (Back to Top)
Taiwanese Gained Permanent Residency Based on EB-13
I-485: based on EB-13 Intra-company entrepreneur: We concurrently filed I-485 with I-140 for principal applicant and all dependents in May 2008 and the I-140 was approved in Feb, 2009 and all the I-485s were approved in March 2009. Clients are from Taiwan. No RFE. Our client hired us to help her with her Green Card application. In March 2009, less than 6 months after it was filed, our client's Green Card application was approved in New York. Scott Bratton represented our client. (Back to Top)
Catholic Priest and religious Workers received their Green Cards in the U.S.
I-485 for Catholic Priest: We also received the Green Card approval for this client. We had relatively easier experience with this client for his I-360 and his I-485 because when we did his R-1 visa many years ago, we found many little things that could jeopardize his opportunities to work in the US as a religious worker, and we straightened them up from the very beginning which paved the way for his smoother I-360 and I-485 petition/applications. All our religious workers are highly educated, well respected, and devoted to their beliefs and profession. However, they had/have very little ideas about visas and Green Cards. They just came and worked and wanted to continue to work here. We are very proud that we could help them in this respect. (Back to Top)
Whole Family of Hindu Priest Gained Their Green Cards
We had such a good month for our religious worker clients between Feb. and March, 2009, we could call it a religious workers' month. We filed the I-485 for the whole family of our Hindu Priest in December 2008 and they have been approved already. The petitioner of this client is a Hindu Temple. When they first contacted us for an R-1 visa, we asked them if they had ever sponsored an R-1 visa before. We were told that they tried before for R-1s but were all denied they passed the stage where with CIS/INS believed the Temple was a religious organization. Because of this, we visited the temple and studied their daily, weekly activities inside and outside of the temple and we successfully made the case that the temple truly was a religious organization. We got Green Cards for the client and his whole family. (Back to Top)
Pending Green Card Application for Client and Family From PR China Approved on February 26, 2009
Our client and his family are from PR China. The father came to us to work on his H-1B and permanent residency applications through labor certification. The principal applicant received certification for his EB3 labor certification and his I-140 and subsequently later was able to process and receive approval for his EB2 labor certification and I-140 (based on master's degree) which he was then able to use his EB3 priority date in conjunction with him having an approved EB2. The alien and his family the entire time stayed in parallel track H-1B and H-4 statuses. The principal applicant was unfortunately diagnosed with terminal cancer and we requested expeditious processing of his pending Green Card application. USCIS concurred and approved the entire family's permanent residency applications on February 26, 2009, which was within a month's time. It was sad to hear of the father being diagnosed with cancer, but hopefully with the good news of the Green Cards being approved for him, his wife and soon to be aged out son, that he can live with joy and have some happy days.(Back to Top)
Client I-485 Was Filed 2006 and Got Approved in 2008
I-485 was filed in November 2006 at NSC with request for earlier priority date to be retained. After fingerprinting and RFE, CIS did not act upon the retention of earliest priority date rule. We wrote to the NSC Director in September 2008 and provided detailed and evidence supported analysis of eligibility. The Green Card was approved in 4 months. (Back to Top)
Indian petitions Wife and Received an Green Card Approval in January 2009
A client from India hired our firm to help obtain lawful permanent resident status for his wife. Our client had an arranged marriage in India, and this was his second marriage. He went to India for the wedding and honeymoon and came back to the United States to apply for an I-130 Petition for Alien Relative for his wife. He also applied for a K-3 Visa for his wife to come to the United States while the I-130 Petition was pending. The client's I-130 Petition and K-3 Visa were both approved, and the client decided to bring his wife over to the United States on the K-3 Visa. The client's wife entered the United States in April 2008. We filed the Green Card application, and her application was approved in January 2009. (Back to Top)
Client From United Kingdom came to U.S. on a Tourist Visa, Married, Received His Green Card After 12 years
A client from the United Kingdom came to the United States on a tourist visa. He met and married a U.S. citizen. His wife filed for his Green Card application, and it was approved in October 1997. The client received conditional lawful permanent resident status since his marriage was less than two years old at the time the Green Card application was approved. The client, through former counsel, filed an I-751 Petition to remove the conditions on his residence in 1999. The petition remained pending for many years, and the client filed for divorce in 2001 because of irreconcilable differences. In 2007, he finally received an interview notice and retained our firm in 2007 to attend the interview. The petition was denied because he was no longer married to his U.S. citizen spouse. We filed for a waiver based on the termination of a marriage that was bona fide. The client, however, had very little documents showing proof of a shared life because he had lost his files after the divorce. We provided as much evidence as possible given the situation and included statements from friends and family members attesting to the validity of the marriage. The client was scheduled for an interview in January 2009, and the petition was approved. More than 12 years later, our client finally received his 10-year Green Card! (Back to Top)
Client Whose Green Card Expired 7 Years Ago Gained a New Green Card
Client retained our office to file for an Application to Replace Permanent Green Card that had expired in August of 2001, 7 years ago. Client's criminal convictions one relating to domestic violence, a deportable offense and ground to revoke his Green Card, was the major concern why he did not file for renewal. We filed I-90 as there was no other available option, but, more importantly, we were able to get him temporary Green Card stamp while the application was pending to put him back in status. CIS requested all the records in the criminal cases. Our office prepared and submitted the response to CIS making sure to get much higher success to get an approval. After 10 months from filing our response, CIS finally approved the application and issued a new Green Card valid for 10 years. (Back to Top)
Cypriot Who Came to U.S. in 1992 on Student Visa Gained Green Card
Client from Cyprus first came to United States in 1992 on student visa. He finished his bachelor degree and overstayed his visa. He retained our law firm in winter of 2005. Client had Labor Certification previously filed by his employer back in 1998 and since client never left the country, we had a 245(i) case. Aliens use section 245(i) because they are beneficiaries of a visa petition or application for labor certification that was filed after January 14, 1998, and on or before April 30, 2001. They should submit documentation along with this form that demonstrates physical presence in the United States on December 21, 2000. In January 2006 we prepared and filed I-140 Petition which was approved one month later. Unfortunately, the quota to file for his Green Card Application was not open. In June of 2008, the quota became available, so we quickly prepared his I-485 - Green Card with filing fee of $1010, 245(i) with fine in the amount of $1000 and I-765 - Work Authorization Applications and filed all with Immigration. His Work Authorization was approved within three months so client for the first time was able to work legally in this country. Shortly after EAD approval client's Green Card was approved too. He is very happy after so many years that he can finally visit his family back home. (Back to Top)
Vietnam Man, Legal in USA, Petitions Wife and Son
The client came to the United States as one of minor dependents of Vietnam refugees. In 1999, while still a permanent resident, he went home to Vietnam and got married. Their marriage for immigration purposes is a preference category that the Vietnamese wife will have to wait for at least 5 to 6 years to become eligible to migrate to United States. In 2002 however he became a US citizen passing the CIS citizenship test despite deficiency in English Language. He filed for temporary non-immigrant visa (K-3) for his wife and minor son (K-4). Visas for his wife and minor son were issued and both came to the United States in February 2003. Our clients thought that the K-3 visa was an immigrant visa and that the Green Card process had stopped up to that stage. On the contrary, the K-3 and K-4 for his wife and son had expired in 2005 and thus they went out-of-status and became vulnerable to removal from the United States. In April, 2008, we filed immediately the applications for Green Card and employment authorization. The case was approved in 7 months. (Back to Top)
Finally Chinese Lady Receives Her Green Card After Four Years of Waiting
A Chinese lady came to our office in New York. She had been admitted as a Legal Permanent Resident four years ago, but she never received her green card, despite her many calls and inquiries. We immediately contacted the Texas Service Center that approved her Immigrant Visa and explained the scenario to the officer. Only one week after we talked to the officer and provided evidence of her entry and personal data, she received her Green Card. Our client was very pleased with our office. This case was handled by our attorney in close collaboration with one of our excellent paralegals. (Back to Top)
Indonesian, Married, Came to U.S. on F-1 Visa Gained Green card and His Family
We had a client from Indonesia who came to the US on an F-1. He came with his wife. After graduating he obtained a job in a mortgage company. He got an H-1B and we simultaneously filed his Labor Certification and then an I-140 Employment Petition, Third Preference. Third preference usually takes a longer time before one can file for a Green Card. The company was not too profitable but had enough assets to pay its employees. As we know, the mortgage industry suffered over the past 2 years which explains the tough times the company was going through. Through a thorough filing of the I-140 in order to support employer's ability to pay the prevailing wage, the I-140 was immediately approved. Later on priority dates became current and we immediately filed for his permanent residency. He had to be with the same company or transfer to a same or similar occupation after 6 months from filing the Green Card application in order to maintain eligibility. Mortgage companies were laying-off people left and right and our client consulted with us several times about his concern. We followed up with CIS regarding the pendency of the I-485 and it was most recently approved despite the CIS processing dates indicating that they still are processing applications filed before we filed our client's Green Card. Now our client, together with his family, has 10 year cards. Regardless of what happens to the economy or his company, he would be able to stay in this country and reap the benefits of being a permanent resident. (Back to Top)
Chinese Came to U.S. on H-1B Visa Along With His Wife on H-4 Received an I-485 Approval After a Long Time of Waiting
Our client from China first time came to United States in 2004 on H-1B visa along with his wife on H-4. He retained us for Green Card process. We filed labor Certification in 2004 and once it was approved we submitted I-140 petition. We couldn't file Applications for their Green Cards right away since the quota was closed for their category but we started the paperwork so we were ready. Finally, when visa number became available we submitted I-485 Applications for the client and his wife. Applications were pending for two years. It took us numerous phone calls and inquiries about the case to get the approval that our client was waiting for so long. (Back to Top)
Employer Petitions His Employee From Germany and Received I-140 Approval
In July 2007, an employer wanted to file a PERM (Permanent Labor Certification) for his employee who was living in Germany at the time. After receiving an audit notification and filing a timely response, the case was approved in March 2008. The next step for the client and employer was to file an I-140. The alien had two options in this case. The first option was to come to the United States on his E-1 visa and file the I-140. However, in this scenario he would not be able to travel out of the country until the approval of his travel document application, which would be approximately 90 days. The second option was to stay in Germany and file from there, with the ability to travel back and forth between the U.S. and Germany with his E-1 visa. He would then go through consular processing in Germany. He chose to stay in Germany and file the I-140. We filed the I-140 in May 2008. We received a Request for Evidence (RFE) in October 2008. We collected and filed the necessary information and the I-140 approval was received by the end of the month. (Back to Top)
Client From Georgia Gained a U.S. Permanent Residency
A client from Georgia hired us to help with her PERM (Permanent Labor Certification), I-140 (Immigrant Work Visa) and I-485 filings. We filed her PERM in 9/06 and it was approved by the end of the month. We then filed I-140/I-485/I-765/I-131 in 10/06. The I-131 was approved in 12/06, the I-140 was approved in 1/07, the I-765 was approved in 2/07. While the I-485 was pending, we filed an extension for the I-131 in 12/07 which was approved in 2/08. We received the client's I-485 approval in 3/08. (Back to Top)
Client Was Granted His Green Card Application After a Long Interview
Our client hired us because he wanted to apply for his Green Card since his son was a United States citizen and had just naturalized. The problem was that our client had an old exclusion order. We filed the I-130 and I-485 applications with CIS. The case was set for an interview. At the interview, we argued that our client was eligible to adjust status because he was paroled into the United States for exclusion proceedings and an exclusion order did not prevent a grant of adjustment of status by CIS. After a long interview, CIS in Newark granted our client's Green Card application. Scott Bratton handled the case. (Back to Top)
Japanese Who Entered U.S. in 2002 on H-1B Gained Green Card in 2008
Our client came from Japan for the first time on an H-1B visa. He is still successfully working for the company that sponsored him for the H-1B. Our law firm filed his I-129 (H-1B) Petition on 04/25/2002. His H-1B Approval came in the mail shortly after that (05/17/2002). After three years his employer decided to extend his H-1B Visa and continue employing him. This time the company requested to file his I-129 Petition using Premium Processing, and so we did. The amazing result is that we have received approval in 9 days. The employer also agreed to sponsor him for a permanent work visa, so we filed PERM for him on January 14th of this year. Since he was holding bachelor's degree and had huge experience in his field, our client was eligible for I-140 Petition for EB2 preference (Profession with Advanced degree, or of exceptional ability) which we have filed right after his PERM was certified. Furthermore, our office has filed I-485 (Green Card) Application 04/25/2008. By August 3rd, 2008 we received his I-140 approval and two months later we received the Green Card approval for him. (Back to Top)
Egyptian and His Wife Came on H-1B Visa in 2005 Gained Their Green Cards in August 2008
A client from Egypt and his wife came on H-1B visa in 2005. His employer hired us in 2007 to start the Green Card process for both of them. We filed PERM and in two months it got certified. Next day after its approval our office started working on Nonimmigrant Petition and Green Card Application. One month after that we were able to file I-140/485/765/131 applications for these clients. To our great success they received their green cards in August of 2008, three months after the filing! (Back to Top)
South American Who Entered Legally in 1966 Gained Green Card After Four Years
A South American client came to USA in 1966. He entered legally, with a visa, but overstayed through the years. He had lost his I-94 and unfortunately when he entered USA his passport was not stamped in USA. In 2004 we filed an I-485 petition requesting for a Green Card based in his entry date and having stayed in USA all those years, since by then he was eligible under current law. Then we found out of a bigger problem: there was not enough evidence to prove that he lived in USA for four years of all his life here. We tried to gather documents, reports, and we could not find anything, as those years showed blank in many documents; therefore his application unfortunately was denied. Apparently his employer during those years had found out he was illegal and managed to disappear all his work records. The family was going through problems, especially due to our client's health condition. We helped them file for a second I-485, this time based on a petition from his son (US citizen). When the time came for interview USCIS insisted on the need of an I-94 to prove he entered legally. We had applied for a copy of his I-94, but were not given one, since the database of the office that had to issue the copy was created in the early 80's, and our client arrived to USA in 1966.. We had to insist with the Immigration Officer and submit a letter from USCIS where they informed of this, and finally, after four years of struggling for this client, his Green Card was approved in September 2008. (Back to Top)
Wife Petitions Her Husband From Senegal and Received His Permanent Residency in U.S.
"This is to notify you that your application for permanent residence has been approved. It is with great pleasure that we welcome you to permanent resident status in the United States." Such are the wonderful words that undoubtedly changed the life of one of our Senegalese clients, the direct beneficiary of an immigrant petition, a petition filed by his wife. After our client's wife arduously petitioned for an I-130-an immigrant petition for a relative-our client subsequently petitioned to adjust his status to that of a lawful permanent resident of the United States. In May of 2007, our client's I-485 (status adjustment) was approved conditionally, requiring an application to remove the conditions. After months of working closely with our attorneys, our client has started a new life with his wife, one in which he is a proud permanent resident of the United States. (Back to Top)
Client From Yugoslavia Petitions His Wife Who came to U.S. on F-1 Visa and Received Her Permanent Residency
In 2007, we were contacted by a client on behalf of his wife, a native of Yugoslavia. Our client's wife was in the United States on F-1 status, a non-immigrant, full-time student visa, which affords an opportunity for those outside the country to obtain an education in the United States. Unfortunately, our client's wife fell out of status as a student. Our client petitioned for I-130-an immigrant petition for a relative-and was approved. Shortly thereafter, our client applied for an I-485-an application to adjust to permanent resident status-and the adjustment was approved conditionally, as our client was the direct beneficiary of an immigrant petition. Today, our client, and United States permanent resident, has the opportunity to exercise her education and make important and influential contributions towards an ever-changing society. (Back to Top)
English Client Came to U.S. in on F-1 Visa and Gained Permanent Residency
The opportunities to succeed and live well in the United States are only two reasons we were contacted by our English client, a client with a wonderful family, whose friendship we have valued for many years. Our client originally immigrated into the United States on F-1 visa status, which is a non-immigrant, full-time student visa that allows those from outside of the country to obtain an education in the United States. Our client fell out of F-1 status, but longed to remain in the United States and share her life with those whom she loved: her parents. Both our client's mother and father filed an I-130, an immigrant petition for a relative. Unfortunately, our client was over 21 years of age, thus establishing her I-130 petition as second preference. This technicality lengthened the amount of time for the quota to open, thus affecting our client's eligibility for adjustment of status. Fortunately, our client's mother became a naturalized citizen of the United States and filed an I-130, which was upgraded to first preference, thus opening the requisite quota. Our client also benefited from being the beneficiary of a previously approved I-130 petition filed by her father. With the help and hope of her parents, accompanied by the diligence and knowledge of our attorneys, our client was fast approaching a new life in the United States. Soon, our client's I-485 application to adjust to permanent resident status was approved. That our client's adjustment was the direct beneficiary of an immigrant petition was in large part based on a previous I-130 petition filed by her mother when her mother maintained permanent resident status. Our client now strives to provide opportunity for a new generation: her two wonderful daughters, born in USA and proud citizens of this country. (Back to Top)
El Salvadoran Husband and Wife Entered U.S. Illegally in 1988 -- Gained Their Green Cards After Long Process
It was one of the greatest pleasures to serve our two El Salvadoran clients. The success of their case does not simply reflect our firm's knowledge and devotion, but it highlights the outstanding character of our clients and the direct result of two people who strived to contribute towards something they truly believed in. Our clients (husband and wife) entered the United States illegally in December of 1988. They made exceptional economic contributions in the workforce and became the proud parents of three beautiful children, all of whom are proud United States citizens. Our clients requested our assistance in filing an I-821, which is Temporary Protected Status, a specific status granted to eligible nationals of certain countries. Shortly afterwards, our clients filed an I-765, which is an Application for Employment Authorization. Though all of these applications were approved, our clients were still seeking the security necessary to remain together as a family. In order to achieve such security, our clients filed an I-881, relief through the Nicaraguan Adjustment and Central American Relief Act (NACARA). Although eligibility to be granted relief through NACARA is quite specific, our clients met each requirement, especially that of good moral character. In order to show that our clients displayed good moral character, we collected statements from friends, community leaders, and various officials, all of whom stated that the moral character of our clients was not only good, but outstanding! Soon, our client was granted NACARA through special rule cancellation of removal and his status was adjusted to that of a lawful permanent resident of the United States. Following his approval, his wife was granted NACARA by way of derivative status and joined her husband as a lawful permanent resident of the United States. Our clients, along with their children, now happily live in the United States and continue to display the strength of character that was so influential on their journey to becoming an important part of our great country. (Back to Top)
Physician From Filipino entered U.S. on B-1 Status Gained His Green Card After a Long Process
The familiar expression "persistence pays off" could not have been embodied better by anyone other than our Filipino client. Our client, a practicing physician, originally entered the United States on B-1 status, a Business Visitor visa required for those who wish to enter the United States to conduct or participate in general business activities. Unfortunately, our client fell out of status while patiently waiting for his F-1-a non-immigrant, full-time student visa that allows those from outside of the country to obtain an education in the United States-program to begin. Due to the fact that our client was out of status for a brief period of time, his petition for an I-539-Application to Extend/ Change Nonimmigrant Status-was denied. Receiving a denial for any application is difficult to accept, however, this case proved to be particularly difficult in that our client's denial possibly meant separation from his wife and two daughters, all of whom are citizens of the United States. Our client's wife did not want to be separated from her husband and began the difficult challenge of keeping her family together. With the assistance of our attorneys and various staff, our client filed an I-130-Petition for an Alien Relative-and shortly afterwards, filed an I-485, Application to Register Permanent Residence or Adjust Status. Our client's determination to remain together as a family soon paid off and he was granted permanent resident status in the United States. Today, our client is an important figure in the medical field; but more importantly, he is an important figure in his family, of which he is grateful to be a part. (Back to Top)
Sales Representative From India Who Had been Working in USA Under L-1A Petition Received Permanent Residency
This sales representative from India had been working in USA under an L1A petition, as representative of a large Indian jewelry company in USA. He brought his wife and two kids with him. As the family started adapting to life in USA and they saw opportunities for their children in the future, they decided to stay. His employer, who was very satisfied with his services, retained us to file his I-140 (Immigrant worker visa), since he had a previous Labor Certification approved. In June 2007 we filed his I-140 which got approved in only three months. While it was pending, in July 2007, we filed I-485 (Green Card application) for the whole family and I-765 (work authorization) for our client, his wife and the oldest son. In October 2007 we received the working authorization approvals for them, valid through September 2008. In June 2008 they retained us to renew their work authorizations. We filed new I-765 applications and they got approved in just one month! Their wok authorizations are now valid through September 2009. In the meantime we keep doing follow-up on their I-485 (Green Card) cases, making sure they are approved as soon as possible, given the long regular processing times for Green Card cases from India. (Back to Top)
British Client and Her Husband, a Canadian Citizen, Received Their Green Cards in the U.S.
Our British client and her husband, a Canadian citizen, just got their Green Cards. She was living in USA since 1999, under a J-1 (exchange visitor) visa. Later, she was offered a job as a teacher in a University and we were retained to help her get a permanent work visa and Green Cards for both. We informed them about the need for a waiver of the 2 year residence requirement that applies for J-1 visa holders, who are asked to go back to their home country for at least two years. July 2005 was a crucial month, because we filed the waiver, both with USCIS and the Department of State; in the same month we concurrently filed I-140 (Immigrant worker visa) for her and I-485 and I-765 (Green Card and work authorization) for she and her husband. The I-140 was filed under the EB-12 category, as an outstanding professor and researcher, given her PhD and specialization in Geomorphology and satellite studies. In only two months the I-140 and work authorizations were approved. We continued doing follow-up for the waiver, until it was approved in July 2006. We had to wait two more years for the processing time of the Green Cards, constantly following up, however all this time we made sure they maintained status and renewed their work authorizations. Finally our clients were scheduled for an interview in June 2008 and, three weeks later, their Green Cards came in the mail. They were very happy with the approvals and the support from our office during the whole process. (Back to Top)
Canadian Citizen Received an I-140/ I-485 Application in June 2008
An alien from Canada was hired by a Law firm in the U.S. He retained us to file an H-1B petition for him in March 2007. His H-1B petition was approved in April 2007 and was valid for 3 years. In January 2008 we filed his I-140(Application to become a permanent resident). This application is filed by the employer to enable the employee to work on a permanent basis in U.S. After a month we filed I-485 (Application for Green Card). In February we received the Fingerprint Notice and our client was scheduled for an interview in March 2008. His I-140 and I-485 were approved in June 2008. Our client had plans to travel to Canada in July for his sister's wedding. This moment was a special one so he had already booked his ticket. Since he now was a permanent resident, he could not travel without his Green Card, which according to USCIS had been mailed to him. We waited for some time and advised our client to make an appointment with the local USCIS office so that he could request an I-551 stamp (travel permission when actual Green Card is not received). We also advised him on the documentation he should bring so that the entire process would be hassle free. Fortunately, he managed to get an appointment quickly. At the time of the appointment he was notified that he could not be issued the I-551 stamp on his passport because the Green Card had been mailed. As luck would smile on him, he did manage to get his stamp by explaining the urgency of his situation. Our excellent paralegals handled the H-1B, I-140, and the I-485. (Back to Top)
J-1 visa Filipino Medical Doctor Overstayed & Gained a 10 Year Green Card After Removal of Conditions
We handled a case for a Filipino medical doctor. With his qualifications, job offers, and background he had everything to make a great living in USA. However he had a serious concern regarding his immigration case. He came to USA under a J-1 visa as a student exchange visitor in a hospital, where he started working later under an H1B, which would expire in December 2002. Before that, however, the hospital closed. He overstayed, because he was young and not aware of the consequences of overstaying. He was shocked when the removal case against him started, and he felt even worse because he had good job offers to consider, and he could lose all his good opportunities. We took his case and filed an RIR (Reduction in Recruitment) and Labor Certification in May 2003. More importantly, we advised him to ask for voluntary departure, instead of being deported. He followed our advice and went back to Philippines in December 2003, with a prospective employer retaining us to file his H1B visa (Non-Immigrant Visa for Alien Worker). His H1B visa was issued in Manila, Philippines, in May 2004 and he came back to USA and started working for the employer. Shortly after that, in July 2004, his labor Certification was approved. Within a month we filed his I-140 (Immigrant Work Visa), which was approved in December same year. In March 2005 we filed his I-485 application for Green Card. We knew it would take a while to have the Green Card approved but we took care helping him maintain status. We lost contact with him after a while, but in January 2008 we gave him the good news: his Green Card had been finally approved, now he could enjoy the career and life he worked so hard for. (Back to Top)
Legal Permanent Resident From Germany, Went Overseas & Overstayed: New Green Card After the First One Got Cancelled
Our client from Germany was a legal permanent resident of United States. In September 2004 she left for Germany to visit her ailing parents and also got married there in December 2004. She came back to U.S in April 2007, totally unaware of the fact that her stay outside U.S exceeded a year, so her permanent residency status was cancelled. She approached our office in June 2007 and in July 2007 we filed I-130 (Petition for Alien Relative) as her husband was a U.S Citizen and I-485 (Green Card).In October we provided further documentation as requested by the USCIS. Towards end of October the client was interviewed and in December 2007 she got her approval. So the year ending brought relief and happiness to our client. (Back to Top)
Chinese Came to U.S. On a K-1 Visa and K-2 for Her Daughter Gained Their Green Cards in the U.S.
This Chinese client came to us when USCIS issued Request for Evidence (RFE) to her petition to remove the condition on residence filed by her prior attorney. Our client came in 2004 under a K1 visa (Fianc‚e Visa), with her daughter under a derivative K2. Upon arriving, she married a Vietnamese American and mother and daughter got their conditional Green Cards in 2005. Two years later, when it was time to apply for the removal of condition, USCIS requested a long list of evidence to their petitions, filed by their previous attorney. After they retained us, our attorney and a senior paralegal worked together with this client, carefully preparing the Response to RFE with ample persuasive supporting documents. We filed the Response to the RFE for our client and her daughter under a joint petition to remove condition on June 17, 2008. After only two weeks, both client and her daughter happily received their Permanent Green Cards. (Back to Top)
Finally, Client From China Received an Approval of an I-485
In August 2005, the I-140 (Immigrant Petition for Alien Worker) that we filed for our Chinese client was approved in only two months. We immediately started preparing his I-485 petition for a Green Card and filed the I-485 in the same month. We thought this case was being processed timely, since in less than two months our client was scheduled for fingerprints' check. Unfortunately, this case became another of those hundreds of cases were the FBI delayed months or years to check the fingerprints. USCIS, by that time, would always answer that as long as they had no response from FBI, they could not continue with the case. They even had him go again for another fingerprint check in 2006 (Note: There has been a change since February 2008, according to new regulations. Now, if a Green Card petition is approvable, and the FBI check has been pending more than 180 days, then USCIS has to approve it). Through 2006 and 2007 we did several inquiries and follow ups. Later, a formal inquiry was filed through a Senator. In January 2008 finally USCIS continued processing the case and sent us a notice (RFE) asking for the medical examinations to be sent within 30 days. We sent our client's medical examinations three days before the deadline. We were shocked when in April 2008, after nearly three years, USCIS denied the I-485 (Green Card) saying we had not filed the response to RFE on time. Our client was devastated thinking they would have to start from the beginning again. We filed a Motion to Reopen for our client, showing evidence that we had filed on time. By the end of the month USCIS reviewed the case and determined that our response had been presented in timely manner. They also ordered the case to be reopened and restored to the previous pending status. We are currently waiting for the approval of the Green Card in a very short term. (Back to Top)
Married couple from Iran, Husband Came on H-1B visa and wife on H-4 Received Permanent residency in 2008
This married couple came from Iran in May 2005 with an H1B (temporary work visa) for the husband, a clinical researcher, and an H4 visa for the wife as an immediate relative of an H-1B holder. They settled in Texas where the husband's Fellowship was to take place. The wife, a smart Metallurgic Engineer, started to look for a job and found a company in Cleveland, Ohio that offered her not only a job, but also the chance to sponsor her later for an Immigrant work visa (I-140). Because of his background as a medical researcher, the husband thought he would be able to get a job in the same city, and so he did, so the couple relocated in Ohio. We filed an H1B visa for her in May 2006 and it was approved in September. She started working for her employer in October. A few months later, in January 2007, we started her PERM (Labor Certification) and it was approved in February. The following month we filed the I-140 with her employer as petitioner, together with I-485 (Green Card petition). The I-140 was approved in less than a month. We continued the Green Card case and both she and her husband received their Green Cards in May 2008. They were very happy when they stopped by at our office and we handed them their Green Cards. Later they sent a thank you note and made compliments to our staff, especially to our excellent paralegals, who handled their case. (Back to Top)
Chinese Family Received Their Green Cards in May 2008
We helped a Chinese family in all the process to get their Green Cards. First we helped the mother, an Information Scientist, to get his Labor Certification approved. In May 2007, as soon as the quota was open, we filed I-485 (Petition to adjust status to permanent resident) for the whole family. We received their approvals and our clients received their Green Cards in May 2008, without any request for additional documents. (Back to Top)
German Electrician I-130 and I-485 Petitions Were Approved on May 2008 and Gained His Green Card
On November 30, 2007 we helped our clients, a German electrician and his US citizen wife, to file three petitions: I-130 (Immigrant Petition for Alien Relative), I-485 (Green Card) and I-765 (Working Authorization). They were concerned because he had come to USA on an E-2 visa (investor visa) twice before, when he was single. His last entry on an E-2 visa was in June 2000, but he got married to an American citizen two weeks later. They feared USCIS would not trust that the marriage was in good faith. We filed their petitions with evidence showing that at the time of last entry he had a job offer in Germany. We were also careful to file Form I-508 where E-2 visa holders applying for a Green Card waive their privileges and immunities and start filing taxes in USA. In February 2008 he received his working authorization. We then prepared them for the interview, which took place in April 2008. Finally, in May 2008 the I-130 and I-485 petitions were approved and our client received his Green Card. (Back to Top)
F-1 Client From Bangladesh Came to U.S. in 1996, Married, Gained Their Green Cards
Our client from Bangladesh came to USA in 1996 as a student under an F-1 Visa. His wife came with an F-2 (as a spouse of F-1 visa holder). While he was attending the school he was allowed to work on OPT (Optional Practical Training). After the graduation he started working on H-1B with the Cleveland Clinic Foundation who agreed to sponsor his Green Card Application based on his employment. We filed Labor Certification in March 2005; and after it was approved, in December 2006, we filed his I-140 (Immigrant Petition for Alien Worker). While it was pending we needed to renew his H1B visa and H4 for his wife, so he would not lose status. The problem was it would be the 7th year extension, but usually H-1B/H-4 are for 6 years only. Based on the "American Competitiveness in the Twenty-First Century Act" our clients were eligible to apply for H-1B/H4 extensions. This Act allows H-1B visa holders who have pending Labor Certification or I-140 for longer than one year, to obtain annual extensions of their H-1B/H4 status until the final approval of Permanent Residency. Later, in June 2007, once the quota for client and his wife was opened, we immediately filed I-485 Application (Green Card) for them. Just a couple of months after that, in October 2007, we received his I-140 approval, followed by their H-1B/H-4 extension approvals. And finally, on April 22, 2008 their I-485 was approved, and the family received their welcome notices and Green Cards. (Back to Top)
After Second rejection for Adjustment of Status and Removal Order for Mexican an Received Her Permanent Residency in July 2007
Our client from Mexico last entered the United States in June 1992 without inspection when she was sixteen years old and still single. In 1997, her father as permanent resident filed an Immigrant Petition (I-130). It takes about 6 to 8 years for the visa on this petition to become available. In 1999, without assistance of an attorney, they filed adjustment of status. USCIS rejected the application as the quota was not current or no visa was available. In May 2001, she got married to a US citizen. In 2003, they filed another application for adjustment of status based on her marriage to a US citizen but, USCIS again rejected the application stating that our client needed to go back home to Mexico to get the Green Card. They retained our office as she could not really take the risk going of back to Mexico with her US citizens children left behind in the US. We filed adjustment of status in July 2007. Her work authorization was issued and USCIS approved the application without requiring our client to go back home. (Back to Top)
Researcher Technologist From Bangladesh, Married, Received 10 Years Green Cards for the Whole Family
Our client, a research technologist from Bangladesh, came to USA in 1996 as a student under an F-1 Visa. His wife came with an F-2 (as a spouse of F-1 visa holder). While he was attending the school he was allowed to work on OPT (Optional Practical Training). After the graduation he started working on H-1B with the Cleveland Clinic Foundation who agreed to sponsor his Green Card Application based on his employment. We filed Labor Certification in March 2005; and after it was approved, in December 2006, we filed his I-140 (Immigrant Petition for Alien Worker). While it was pending we needed to renew his H1B visa and H4 for his wife, so he would not lose status. The problem was it would be the 7th year extension, but usually H-1B/H-4 are for 6 years only. Based on the "American Competitiveness in the Twenty-First Century Act" our clients were eligible to apply for H-1B/H4 extensions. This Act allows H-1B visa holders who have pending Labor Certification or I-140 for longer than one year, to obtain annual extensions of their H-1B/H4 status until the final approval of Permanent Residency. Later, in June 2007, once the quota for client and his wife was opened, we immediately filed I-485 Application (Green Card) for them. Just a couple of months after that, in October 2007, we received his I-140 approval, followed by their H-1B/H-4 extension approvals. And finally, on April 22, 2008 their I-485 was approved, and the family received their welcome notices and Green Cards. (Back to Top)
Turkish Mother and Two Minor Children Entered U.S. in 1991 With J-2 Visa Gained Their Green Cards in 2007
Our Turkish clients (mother and two minor children) entered the country in 1991 with J-2 visa classification (as immediate relatives of J-1 Exchange Visitor) subject to two-year foreign residency requirement. Unfortunately, the J-1 husband died in 1996. She overstayed with the two minor children but remarried in 1998 to a permanent resident. In March 2001, the second husband filed an Immigrant Petition (I-130) for the mother only as the wife of permanent resident. The I-130 was approved in the family 2-A preference category. The petitioner, second husband, never naturalized. This was done with a previous attorney but they did not feel satisfied with the progress of the case. In 2004 they retained our office to obtain permanent residency. Our office was confronted with multiple major issues: 1) the clients had entered the country with J-2 visa classification which required them to go back to their home country for two years, but they had not returned; 2) their legal status expired and had overstayed for more than 10 years; 2) there were no separate I-130 petitions filed for the 2 minor children, now 17 and 15 years old; 3) the second husband never naturalized to upgrade I-130 petition to that of an immediate relative; 4) The family had a low income, not sufficient to justify that they would not become a public charge. The mother had five (5) more US citizen minor children: two with the first husband and three with the second husband. After analysis and research, we started the case in July 2004 filing I-130 petitions for the children. We worked thoroughly with constant follow up. In October 2006 we filed for the J-1 waiver or exemption from 2-year residency requirement. Two months later we filed I-485 (Permanent Resident) for the mother and two sons and I-765 (work permit) for her. The waiver was approved in September 2007 and they were relieved of their obligation to return to their home country for two years. USCIS also issued work permits. Due to all detailed and sufficient supporting documents and careful preparation of the I-485 interview, the cases were approved. Between August and October 2007 the Green Cards were issued for the mother and her two sons. (Back to Top)
Nurse, Married, With a Daughter Born in Bulgaria and two Other Daughter Born in U.S. Received Legal Status in U.S.
We worked on the case of a nurse and her family. They had one daughter born in Bulgaria and two other daughters born in USA. After we got her I-140 approval in the end of 2003, we concurrently filed I-485 (Adjustment to Permanent Resident) for our client, her husband and oldest daughter, and I-765 (Employment Authorization Document) for her and her husband. The I-765s were approved in March 2004. Their interview took place in October 2004, and two months later she and her husband received their Green Cards in December, 2005. We started calling about the daughter's I-485, did follow up for months and also placed an inquiry, to what USCIS in December 2006 answered that her security check (FBI) was still pending. Finally they had her go for fingerprints again in August 2007. We continued follow up until she got her Green Card in April 2008. (Back to Top)
Chinese Family Gained Their Travel Documents and Their Green Cards
In August 2007 we filed I-131 (Advance Parole, travel document) for a Chinese family, concurrently with their I-485 (Adjustment to Permanent Resident) and I-765 (Working authorization) for the mother only, a very busy market research analyst. The I-765 was approved in mid November 2007, but the travel documents took longer to process. We did follow up and insisted on expediting the I-131, enclosing a letter by her employer stating the need for her to attend travel abroad for an international business meeting. Finally in January 2008, USCIS approved only the parents travel documents. We insisted and placed an inquiry about the little daughter's I-131, which had not been approved. In March 2008, they issued a Request for Evidence (RFE) to have us indicate her country of birth...even though her birth certificate and translation were attached to the petition! After immediately responding the RFE, we got her travel document approval and the family was able to make arrangements to visit their country while their Green Card case is pending. (Back to Top)
Client Adjustment Was Denied by USCIS and Got Approved in April 2008 After Our Help
Our client came to us after USCIS denied his adjustment of status application. It was denied due to criminal issues and the alleged failure to provide accurate information on immigration forms. We filed a motion to reopen/reconsider with USCIS. We argued that the decision was factually and legally incorrect. After another interview, we were able to get the case approved in April 2008. Scott Bratton handled the case. Mr. Bratton attended the interview. (Back to Top)
Client Was happy to Reunite With His Family From China
Our clients were a family of four. The husband was waiting in the United States for his family to come from China. The case was delayed at the United States Consulate. Despite several inquiries, the case was not moving. We decided to file a federal complaint against the Department of State trying to compel the Government to adjudicate the adjustment of status application. After filing the Complaint in federal court in New York, we were able to work with the United States Attorney's Office to get our clients interviews at the Consulate and ultimately get the case approved. In April 2008, our clients contacted us upon their arrival at JFK airport to let us know that they had arrived in the United States as lawful permanent residents. They were happy to be able to reunite the family. Scott Bratton handled the case. (Back to Top)
Client Petitioned by Her Father and Gained Permanent Residency in U.S.
Family based I-485 (Green Card) petition. When our client was still single, her father, a US citizen had filed an I-130 (Petition for Alien Relative), but after she got married she had to wait longer to apply for I-485 (now as married daughter of a US citizen). By the time her visa number was finally current, her sponsor was not able to provide financial documents to show support anymore. The client first hired another law firm to work on her case, but later felt uncomfortable with the firm in dealing with the specific issues in her case so she came to our office. We filed the case on 9/19/07 and provided extensive consultation to our client in dealing with issues in financial support from her sponsor and in RFE response. In March 2008 our client was interviewed and her Green Card was approved right at the interview. (Back to Top)
Chinese Performing Artist Received Permanent Residency in U.S.
I-485: In July 2007 we filed an I-485 (Adjustment to Permanent Resident) for a Chinese performing artist, based on a pending I-140 (EB-11). The I-140 was approved in October 2007 and after the I-485 was approved in February 2008, our client received his Green Card. (Back to Top)
S. Korean Client with Her Two Children Gained Their Green Cards in U.S.
Our client from S. Korea initially hired us to assist with a B2 (tourist visa) extension for her, and her two children. She had first come to USA with her husband and two children in 2003, but her husband died that year. The family was comforted by their church. Later our client and children got in a busy schedule with religious activities to attend and family visits. We consecutively filed, and were approved, the visa extensions for several periods from 2004 through 2006. In the meantime, as she got involved with people from her church in USA, she was offered a job as household manager for a busy medical doctor and his family. We helped her file an I-140 (Immigrant Petition for Alien Worker), which was approved in June 2006. In the same month we filed I-485 (Adjustment of Status to Permanent Resident) for her and her two children, together with an I-765 (Employment Authorization Document) for her. The I-765 was approved in October 2007, valid for a year. The I-485 continued their process and fingerprints were completed in September 2007. In March 2008 the I-485 were approved, and our client called us very happy as soon as she received the Green Cards for her and the two children. (Back to Top)
Mexican Whose Case Was Put on Hold Got Approved in May 2007 After Numerous Conversations With Immigration Court
Form I-485 (Adjustment of Status to Permanent Resident) for a client from Mexico was filed in October 2006. She was scheduled for fingerprints within two weeks, and then scheduled for initial interview in February 2007. Our client's case was put on hold by the Immigration administration due to background check. Our office immediately filed a Mandamus in March 2007. After numerous conversations with the Immigration Court, our client's case was finally approved in May 2007. (Back to Top)
Senegal Man Married a U.S. Citizen And Received Her Permanent Residency
Our client from Senegal married an American citizen in September of 2006. After three months we filed her I-485 forms (Adjustment of Status to Permanent Resident) and in the very beginning of the next year (2007) we received the appointment notice for fingerprints, which was followed by I-485 initial interview notice. The interview was a success and at the end of May our client's I-485 was approved and she got her Green Card. (Back to Top)
Philippine Woman and Her Son Received Their Legal Status in the U.S.
A 32-year-old lady from Philippines came to USA back in 2003. Our firm helped her to obtain H-1B visa (Non-Immigrant Worker) and H4 visa (relative of an H-1B holder) for her son. After three years we filed for the H-1B extension, which got approved, valid until 2009. On June 12, 2007 we filed applications for their Green Cards. Their cases were pending for a while. On February 4th, 2008 Immigration issued the Service Memo regarding I-485 (Green Card Applications), stating that if FBI name check was pending for longer than 180 days and the case is otherwise approvable, Immigration has to proceed with Green Card issuance. As soon as this Memo was published, we wrote a letter to USCIS explaining the situation and requesting to adjudicate the case. After only one week USCIS approved the cases and issued the Green Cards. (Back to Top)
Venezuelan Came to U.S. on F-1 Visa Petitioned by His Wife in 2007 After a Wedding and Gained His Green Card
A client from Venezuela came to see us for the first time in mid July 2007. He was studying under an F-1 visa but was planning to get married soon. He wanted us to have his wife file an I-130 (Petition for Alien Relative) after the wedding, and also his Adjustment of Status (I-485) to Permanent Resident. He also wished to be able to work as soon as possible. On the 25th of July 2007 he came with all the documents we had asked for, and he asked us to file his case the very next day. We took the challenge and on July 26 we filed his I-130, I-485 and I-765 (Employment Authorization Document) simultaneously. Within a month he was scheduled for his Fingerprints and he received his work authorization in November. His final interview (for which we prepared him and his wife) took place in mid January 2008. After waiting only two more weeks, finally our client was happy to receive the approval of his I-130, and his Green Card. (Back to Top)
U.S. Citizen From Mexico Petitions His Wife With Three Daughters and Gained their Permanent Residency in U.S.
On July 2006 we were hired by a family from Mexico. The mother had married a US citizen and they needed to file I-130 (Petition for Alien Relative), Adjustment of Status to Permanent Resident (I-485) and Employment Authorization Documents (I-765) for the mother and her three daughters (stepdaughters of the petitioner). They were in a hurry because the oldest daughter would be 21 in March 2007 and it would take years for her to get a Green Card after that. We filed all petitions for the mother and each of her daughters on the same day, in October 2006 (the family did not have much funds to get all required documents sooner). We requested expedite processing for the oldest daughter, since she would soon age out. The four of them got their Fingerprint appointments within a month. Inexplicably, USCIS did some unusual things while processing these cases: they expedited all the petitions for the second daughter, who got all her approvals in the end of November 2006, and USCIS sent the rest of the papers to another city for processing. We had to complain and insist to bring them back to the previous service center. (Back to Top)
Mother and Her Daughters Gained Their Green Cards by Mail Except the Youngest Daughter
On January 2007 they sent interview notices for the mother and youngest daughter only, forgetting about the oldest, to which we submit a Mandamus Complaint. We insisted that they needed to set an interview for her before she turned 21. In the meantime we discovered that both the oldest and youngest daughters had criminal records with Juvenile Court (for under aged alcohol possession and other). We followed up and talked to Immigration officers and Juvenile Court on how to make sure those records would not affect the case (the charges in one daughter's case had been dropped). We finally got a call from the Immigration officer in charge of Mandamus complaint and got an appointment for the oldest daughter...for two days before her 21st. birthday! The mother and second daughter got their approval notices shortly after their interview, and the oldest one was approved eight days after her 21st. birthday. Later we heard that everyone had got their Green Cards by mail, except for the youngest daughter, so we had to work with USCIS follow up her case until she received it.(Back to Top)
South Korean Came to U.S. on a F-1 Visa with His Wife, and Both Became Legal
On July 2005 we started working on the case of a client from South Korea. He had come to USA with an F-1 student visa, together with his wife. When he became a dentist his wife had to go back to S. Korea, until he could get a job and have their papers ready. On October 2005 we filed his H-1B (Petition for a Non-Immigrant Worker). His H1B was approved two months later, valid for three years. Immediately an H4 was filed to bring the wife to USA, based on the H-1B approval. She came in July 2006, when we were already working with the client for a PERM (Electronic Labor Certification) that enabled him to file an I-140 (Immigrant Petition for Alien Worker). On September 2006 we filed his I-140 together with I-485 (Adjustment of Status) and I-765 (Employment Authorization Document), both for him and his wife. The EAD's were approved in two months. The other petitions were approved within a year. (Back to Top)
Client Who Came to U.S. on a Tourist Visa From Peru Got Approval Notice For Her I-1485 and a Green Card
Our client came from Peru in April 2006 under a tourist visa (B2). She encountered health problems and was approved for visa extension twice, in order to follow her medical treatment. In the meantime she fell in love with a US citizen and they got married in July 2007. She came to us to start her case. Since we told her that USCIS was about to increase their fees, she had us file her I-130 (Petition for Alien Relative), I-485 (Adjustment of Status) and I-765 (Employment Authorization Document) by the end of the month, right before the fees increased. In three months she got her EAD and was able to start working. Her interview took place in mid January, and by the end of the month she got her approval notice and her Green Card. (Back to Top)
Client I-130 Was Denied and Got Remanded by the Board to CIS For Adjudication After Our Argument
Our client retained Margaret Wong and Associates after her I-130 had been denied. We appealed to the Board of Immigration Appeals. We argued the CIS' decision was erroneous and was based on factors it could not consider in adjudicating the case. The Board agreed and remanded the case to CIS for adjudication under the proper legal standard. Scott Bratton handled the case. (Back to Top)
Client's Adjustment of Status Application Was Approved in February 2008
After our client's adjustment of status application had been pending for several years, we filed a Complaint in federal court in Texas. After filing the Complaint and litigating the issue of jurisdiction of a federal court to compel CIS to issue a decision, the adjustment of status application was approved in February 2008. Scott Bratton handled the case for Margaret Wong and Associates. (Back to Top)
South Korean Family Received their Green Cards in Short Time Without Any Problem
Our firm filed I-485 (Adjustment of Status to Permanent Resident) for S. Korean client and his family on 03/12/2007; then, we received the Fingerprint Notice on 03/26/07. On 01/14/2008, I-485 approval notice was received by our firm. (Back to Top)
Canadian I-485 Got Approved Within 3 Months After Filling
I-485 (Adjustment of Status to Permanent Resident) was filed 10/24/2007 for our client form Canada. Our firm received a interview notice which is scheduled on 01/08/2008. We prepared the interview with the client and the client got the I-485 approval notice after 6 days of the interview. (Back to Top)
I-485 for a Client From Germany Got Approved After 6 Months
Our firm filed I-485/ I-130 for Germany client on June, 2007. The client got the fingerprint notice July 16th. And we received a Request for Evidence letter on the I-485. The I-485 RFE was filed on September 28, 2007. Then, the client had an interview on December 17, 2007 for which he had been previously informed and prepared by our attorney. We got approval notice soon on December 31, 2007. (Back to Top)
Client Received Green Cards for the whole Family Under ETA 750 For the Household
Client (Household worker) had an ETA 750 accepted for processing and pending since April, 2001. As soon as Department of Labor made a final determination and approved ETA 750, we assisted client to file both I-140 (Petition for Alien Worker) and I-485 (Adjustment/Change of Status) for him, his wife and children. The I-140, filed as Premium, was approved immediately on March 2007. On December 2007, I-485's were approved, and client, his wife and children were granted Permanent Residence. (Back to Top)
Macedonian Family Gained Legal Status on December 2007 in U.S.
We assisted a client from Macedonia with his I-140 Alien Worker Petition, which was approved on June 2007. His wife and son had entered USA without inspection on August 2000 and were "Out of Status" before the I-140 approval. The son had a problem with a minor arrest on 2007, but we helped advising about the solution and Court agreement that would still allow them to apply for an Adjustment of Status. We filed the I-485 Adjustment of Status for client, wife and son under Section 245(1) of the Life Act, based on their presence in USA before 12/21/2000, and on December 2007 the I-485 was approved for the three of them, thus receiving a Welcome Notice and status of permanent residents. (Back to Top)
Client From Poland Got an I-140 and an I-485 Based on Her Labor Certification
Polish client who is categorized under the other worker category relating to her labor certification received approval from the Dept of Labor in mid April 2007. I-140/485 filed concurrently on April 27, 2007 as other worker category was at a date that allowed this client to file for adjustment given her priority date. I-140 approved on September 24, 2007 and I-485 subsequently approved on October 22, 2007. (Back to Top)
Brazilian Couple Received I-485 Approval Based on Second Preference Petition
On February 7, 2007, a couple from Brazil, filed for Permanent Residency as the result of a pending employment-based second preference petition. In less than eight (8) months, the couple's I-485 Applications were approved. For this couple, U.S. Citizenship is the next step! (Back to Top)
Chinese Client Received New Green Card After her First Had Erroneous Information that USCIS Inadvertently Put On It
We were retained by a Chinese individual for the Green Card process, for which she was subsequently approved. Her Green Card had erroneous information that USCIS inadvertently put on it. We filed for an I-90 for a replacement card with correct information on February 8, 2007 and we received notice on August 20, 2007 that the new card is being produced and the alien will receive it in 2-3 weeks time. (Back to Top)
Indonesian Family I-149 and I-485 Got Approved After 8 Months From Filing
We were retained by an Indonesian family to process the PERM application (PERM / I-140 for principal) and I-140/485 applications. The PERM was filed in January 2007 and we filed the I-140/485 after and was approved on August 16, 2007. The client was very happy to know of this as were we. Attorney Margaret Wong and Paralegal Brian Marek worked on this case. (Back to Top)
Chinese Couple Got Green Cards After 2 Years Waiting
A Chinese couple just received their Green Cards after waiting patiently for two years. We obtained self-petitioned National Interest Waiver I-140 approval for the husband-the principal applicant who is a research scientist-in 2005 and filed I-485 for husband and wife immediately after that. Not until 2006 did USCIS issue a request for more evidence, to which we responded right away. After getting their fingerprints captured for the last time in March 2007, they soon received their Green Card. (Back to Top)
Chinese Couple Received Green Cards After 2 Years Filing Application
Another Chinese couple received their Green Cards two years after their Green Card applications were filed. The principal applicant and husband has National Interest Waiver I-140 petitioned by the university in Ohio for the position of research associate. They were summoned to appear for biometrics in 2005 and again in 2007, soon after which they received their Green Cards. No request for evidence was issued for I-140 or I-485. (Back to Top)
French Client Facing Denial of Green Card Hired Us and Won the Green Card
French client applied for I-485 through another attorney in 2003 and traveled back to France with advance parole. When he came back, however, he was faced with a denial of his Green Card applications. Client then retained us to re-file I-485 application for permanent residence in 2005. Some time later immigration issued Notice of Intent to Deny, citing that client has worked without authorization and therefore is not eligible to adjust. We detailed client's dates of authorized work and submitted our response to immigration, arguing that client is protected by 245(k) of the immigration and nationality act. A few months later immigration sent out a welcome notice to our firm and to the client notifying us of the approval of the client's green card. (Back to Top)
Canadian Husband and Wife Received Green Cards After 7 Months after Filing the Application
It only took 7 months for a Canadian psychiatrist to receive her and her husband's Green Cards. Their Green Card applications were filed in December 2006, immediately after her I-140 petition was approved by Nebraska Service Center, and were approved in June 2007. No more evidence was requested by USCIS. (Back to Top)
Indian Client Was petitioned and Received Legal Status in U.S.
Indian national has just ended his long quest for US permanent residence as he has received his Green Card after his I-140 immigrant petition and I-485 Green Card application were filed concurrently in 2003. Although it took four years for his dream to come true, delayed processing for certain nationals has been known to take longer. Client could not wait to travel back to India with his Green Card. (Back to Top)
Physician From India, Married, Came to U.S. on H-4 Visa and Won Green Card
Indian physician had been working on H-1B in the US and husband joined her on H-4 visa issued in Chennai in 2005. Wife retained our law firm to file for Green Card for husband as derivative beneficiary. Husband received his Green Card one month after we responded to Request for Evidence issued by USCIS. (Back to Top)
German Doctor, Married, Gained Green Card and Reunited With His Family in U.S.
We have been working with our German doctor client since 2002 on H-1B visa petition and renewals. In 2006, we filed I-130 and I-485 for our client based on his marriage with his naturalized spouse from Asia. A welcome notice arrived when they were celebrating their son's one-year birthday anniversary and congratulations to this family for a happy ending of their long journey towards US permanent residency and family reunion. (Back to Top)
Mr.B From Poland Came to U.S. on H-1B Visa, Married, Gained Green Cards for His and His Family Through Employer
Mr. B from Poland came to the US in 2001 on an H-1B visa. In 2006 his employer retained our law firm to represent them in sponsoring Mr. B for a Green Card, after our law firm had filed H-1B extension for him. Mr. B is a doctor. His PERM was approved in less than two weeks. We concurrently filed I-140 and I-485 for him, his wife and two children in August 2006. In February 2007 premium processing for I-140 was requested and an approval followed in ten days. Our client is now one step closer to getting his and his family's Green Cards because I-485 cannot be adjudicated until I-140 has been approved. (Back to Top)
Chinese From Beijing With a Bachelor Degree in Accounting, Married, Sponsored by an Accounting Firm for Legal Status and Got I-140 Approved
Mr. G from Beijing, China has a bachelor's degree in accounting and an accounting firm was interested in sponsoring him and his family for permanent residency. His labor certification was filed under the RIR process in 2004 and was certified in 2006. After his I-140 was filed, Request for Evidence was received requesting the beneficiary to provide his financial information for the past years. We worked with our client and filed a timely response. In March 2007 we received his I-140 approval. As he is EB2 priority, quota is not yet open and we anxiously await to filed their Green Card applications. (Back to Top)
Chinese With PHD in Engineering Got an I-140 Approved
Our client from China obtained his PhD degree in engineering and was offered a position as research scientist by a laboratory. I-140 Schedule A was filed along with I-485 and I-765. USCIS rejected the application so we refiled with our clarification. USCIS finally approved the I-140 in March 2007. (Back to Top)
Romanian Came to U.S. on the F-1 Visa Received an Approval for I-140
Our client from Romania entered the US on a valid F-1 visa in 2003. A manufacturer in North Royalton, Ohio desired to sponsor him for permanent residence through the filing of PERM. PERM was filed and certified in 2006. We subsequently filed I-140, immigrant petition for alien worker, for which we received a difficult RFE in December. We started working with the employer right away on gathering further information and submitted our response in February 2007. An approval notice was received in just two weeks. We look forward to filing for permanent residency once his quota opens. (Back to Top)
Pakistani Citizen, A System Engineer, Gained Legal Status in U.S.
I-140 for a system engineer (Pakistan citizen) was filed in 05/06 and an approval followed in just two months through regular processing. I-485 was submitted while I-140 was awaiting adjudication and it was approved in just eight months. During the years before, we were also his attorney working on his H-1B petition and extensions. (Back to Top)
Client From Bulgaria Received I-140 and I-485 Approval at the End of Feb 2007
We received an expeditious approval of concurrent I-140 and I-485 filing for our client from Bulgaria beginning of March 2007. He is an analyst and after his PERM was certified, we filed I-140 and I-485 on December 18, 2006. Both the I-140 and Green Cards were approved at the end of February 2007. (Back to Top)
Filipino Client Received Green Card After a Long Journey
Our Filipino client undertook a long journey to a Green Card in the United States . We field I-140 for him based on his employment in 2002 and subsequently filed I-485. Client was fingerprinted and interviewed more than once. In the meantime, he had to change jobs and we helped him in this process so he would not lose his status. We did numerous inquiries and persistently pushed his case to be approved and communicated with client on a daily basis. In December 2006, his Green Card was finally approved. (Back to Top)
Client I-140 Got Approved
CSPA success: client's I-140 approved on 10/01/2001, daughter was 19 at this time. (Back to Top)
Client I-485 Got Approved After 4 Years
Client's I-485 filed in 2001, I-485 approval on 2/4/2005 (also I-824 approval) when daughter was 22 1/2. The I-824 was sent to process daughter's IV application in A/C Guangzhou PRC in FEB 2005 from USCIS. We submitted the Packet 3 immediately. (Back to Top)
IV For Guangzhou Daughter Was Granted in Feb 8, 2007
Guangzhou mistaken FEB 2005 was the priority date for daughter, instead of the priority date MARCH 15, 2001, when client's labor certification was filed. We emailed the Consulate in Oct 2006 to A/C Guangzhou and explained to the chief consul the dates and facts and that they have mistaken the priority date. We requested the IV issued to daughter under CSPA. The Daughter was granted IV in Feb 8, 2007. Daughter is now 24 and a half when entering USA. (Back to Top)
Chinese Researcher Professor I-140 Got Approved Without RFE
Our office filed an immigrant visa under EB-12 outstanding professor/researcher category in June 2006 for a young Chinese researcher to Lincoln Service Center and the I-140 got approved February 2007 without RFE. (Back to Top)
National Interest Waiver for Scientist from China
We filed I-140 for client based on National Interest Waiver on December 15, 2003. Client is a national of People's Republic of China. We received RFE on July 25, 2005 and after we responded timely, an approval notice was received on October 31, 2005. We also filed Green Card application for client on June 28, 2004 and received RFE on May 30, 2006. After we responded to RFE, we soon received approval notices for client and family's Green Card applications on August 14, 2006. Congratulations! (Back to Top)
Korean Civil Engineer Wins Legal Permanent Residency I-485
Our client is a civil engineer from Seoul, South Korea . We filed RIR on July 16, 2001 and it was approved on December 11, 2001. I-140 was filed on august 12, 2002 and was later approved on December 27, 2002, on which day we filed I-485 Application to Register Permanent Residency for client and his wife. In 2006, a RFE was issued regarding sameness of I-140 petitioner. We responded in a timely and efficient manner, and the I-485s were approved on August 8, 2006 soon after their fingerprints were captured on May 10 and May 18, 2006. (Back to Top)
Permanent Residency for Entire Family in 18 Months
Permanent Residency has been obtained for an entire family. The petitions were filed at the Nebraska Service Center. They were receipted on November 25, 1998 and the approvals were granted on July 5, 2000. Congratulations to the whole family! (Back to Top)