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.
TABLE OF CONTENTS (CLICK ONE TO VIEW THE STORY):
Various Spellings of Name
H-3 Non-immigrant Trainee
Three Business Days EB-1
Jordanian Doctor EB-1A
Visa for Online University
Turkish Scientist EB-1A
TN Visa for Mexican Engineer
TN Visa for Canadian/Indian
GC for Chinese Researcher
Canadian B-2 Visa to TN
Fight Government's Allegations
B-2 Visa Expiration Thwarted
Work and Travel Approved
F-1 Visa Reinstatement
Chinese Family Cancellation Removal
U-Visa for Indian National
I-730 Pending Five Years
Citizenship for Spouse
U-Visa for Abused Woman
Salvadorian Gets EAD
E-3 for Financial Services Professional
E-3 for Australian Marketing Specialist
South Korean Couple GC
Chinese Nurse EB2
Hardship Waiver Based on Battery
H-1B Brings Healthcare MD
Taiwan Business Owner
Overcoming Naturalization Cancellation
GC Restored for Chinese National
LPR After No ID Issued
Mandamus Compelling USCIS
Family in Midst of Fight
Taiwan Man Lied on Visa Application
Visa Reuniting Couple
Simple Documents to Travel
Immigrant Son Studies Abroad
Son Sponsors Parents
Finishing What He Started
Reopening Work and Travel
Guatemalan Husband Riding with Wife
B-2 Visa Renewal
Citizen of China Proves Various Spellings of His Name Valid
Mr. Zh, a citizen of China, entered the U.S. in early ‘90s when he was still a minor. He had lost the I-94, the arrival record, and had no other evidence to prove that he was admitted and inspected into the United States pursuant to a valid visa. Mr. Zh remembered that the I-94 was issued under a misspelled name and a different date of birth. Prior to retaining our office, Mr. Zh had been unsuccessful in trying to obtain an I-102, Replacement/Initial Nonimmigrant Arrival-Departure, due to different name and date of birth in his arrival record.
USCIS had declined to issue him I-94 replacement because he could not prove that he was the same person due to inconsistent biographic data. Our office refiled the I-102 application arguing that Mr. Zh’s name was differently spelled in Cantonese and Mandarin dialects which explained the different spellings of his name in his official identity documents and his prior arrival record. We had a competent Chinese interpreter sign an affidavit explaining how Mr. Zh’s name is spelled in Cantonese and Mandarin. We also prepared an affidavit for our client explaining that his initial I-94 contained wrong biographic data such as his date of birth and incorrect spelling of his name. His I-102 was approved.
Our office has also filed an I-130, Petition for Alien Relative and I-485, application to adjust status to permanent resident that are expected to be approved soon now that Mr. Zh can prove his admission into the U.S. He will become a Permanent Resident. This case was handled by our attorney Fabiola Cini. (Back to Top)
H-3 Nonimmigrant Trainee Approval in Less than Two Weeks with Premium Processing
Our client is a manufacturing company headquartered in the U.S., with branches in France and Singapore. It needed to bring an employee over from France to receive specialized training in the U.S. This training wasn’t available in France. Margaret W. Wong and Associates recommended an H-3 Trainee visa, and worked with the company to show that: • The proposed training is not available in the beneficiary’s home country • The employee would not be placed in a position which is in the normal operation of the business, and in which citizens and resident alien workers are regularly employed • The employee would not be productively employed except as incidental to training • The training would benefit the employee in pursuing a career outside the U.S. The H-3 visa is good for up to 2 years. Francis Fungsang in our Cleveland office prepared the H-3 petition. It was filed via Premium Processing, and an approval was received in less than two weeks.(Back to Top)
EB-1 Extraordinary Ability Petition Approved in Three Business Days through Premium Processing
Our client, Mr. P, is a Mechanical Engineer from India. For years, he’s worked for a famous international corporation developing innovative bathroom and kitchen fixtures. We can’t say which ones he’s invented, but trust us, if you’ve ever watched television or paged through a home and garden magazine, you’ve seen his work.
Mr. P has an old third-preference case pending that has been pending for many years, waiting for his priority date to become current. No longer willing to wait, he decided to hire Margaret W. Wong and Associates to process his EB-1 case. We filed the case and it was receipted by the USCIS Premium Processing team on Thursday. The following Monday morning, we received notice that it was approved.
You might not look at a showerhead and think “this is good for an EB-1 Extraordinary Ability.” But in Mr. P’s case, it was. He is truly one of the few who has risen to the very top of his field of endeavor. We congratulate Mr. P on his approval, and look forward to receiving his Green Card soon.(Back to Top)
10-Year Cancellation of Removal Approved for Chinese National in New York
Mr. X, from China, spent ten years living in a Central American country before crossing the border into the U.S. in the early 1990’s. In 2011 he decided to file for asylum. His claim for asylum wasn’t very strong. It was denied by USCIS, and his case was referred to immigration court.
Ending up in front of an immigration judge like this may seem like jumping into the fire, but in reality there are certain types of relief from removal that only immigration judges can grant. Our Mr. X happened to have a good claim for cancellation of removal. He had been in the U.S. for more than ten years, he had qualifying relatives who would suffer “exceptional and extremely unusual hardship” if he was removed, he had good moral character, and he had no criminal issues.
The New York office of Margaret Wong and Associates carefully compiled an EOIR 42-B (cancellation of removal) application to present to the judge on Mr. X’s behalf. It contained proof that Mr. X qualified for the benefit, including documentation of his lengthy residence in the U.S., proof of good moral character in the form of taxes and letters from members of his community, and evidence that his wife (who was a widow before marrying Mr. X) and her son (who considered Mr. X his only father from a very young age) would suffer many hardships if Mr. X’s petition was not granted.
Mr. X’s case was indeed granted, and the judge approved his EOIR 42-B. Only 4,000 green cards can be issued per year based on such approvals. Fortunately one was available almost immediately for Mr. X. He stopped by our New York office recently to show off his new green card and to thank the staff for their dedication to his case.(Back to Top)
Accomplished Jordanian Doctor Wins Work Authorization, Soon to be Approved for EB-1A
Our client came to us while on an H1B visa in his second year of surgical residency training in Orthopedics at a top rated hospital. After reviewing his CV, we determined that he was highly accomplished and recommend he pursue an EB1-1 or EB1-A immigrant visa as an alien with extraordinary ability in orthopedic research.
A native and citizen of Jordan, our client graduated from the medical program at Weill Cornell Medical College in Qatar and obtained his M.D. in 2011. He accepted a Clinical Research Fellowship at a top-ranked hospital in New York in 2011. His fellowship research focused on metabolic bone disease, particularly vitamin D deficiency, osteoporosis, and fragility fractures.
He then began a highly competitive Clinical Research Fellowship at another top-ranked hospital in Ohio. A few of his research projects during this fellowship focused on clinical trials assessing the efficacy of Transcutaneous Electrical Nerve Stimulation device (TENS) in reducing postoperative pain after total knee replacement, and the effect of blood transfusions on patients undergoing total knee replacements.
After two successful fellowships, he applied for a spot in the highly competitive Orthopedic Surgery specialty. He was one of only seven foreign medical graduates to match in an orthopedics that year and obtained a coveted position at another high-ranked hospital. As a resident, he has continued his orthopedics research.
Over the course of his short but impressive career, he has published over 20 scholarly articles in leading, peer-reviewed scientific journals, has accrued over 100 citations to his publications from all over the world, presented his research at 19 national and international conferences, received of 7 awards, been featured in major media, and participated as peer-reviewer for a scientific journal.
We collected extensive evidence documenting his achievements and filed his I-140 petition using premium processing. In less than two weeks, his petition was approved without an RFE. Based on his I-140 approval, he and his wife will soon have their I-485 permanent residency applications approved.(Back to Top)
Visitor Sought Student Visa for Online University Without Success - Extended Visa While Seeking Entrance to "Brick and Mortar" University
Mr. M came to Margaret W. Wong & Assoc. looking to adjust his J-1 (exchange visitor) visa to a F-1 (international student) visa. However, his enrollment at the University of Phoenix wasn’t deemed to be enough qualification to get the F-1 visa. With time running out, MWW managed to get Mr. M a B-2 (temporary visitor) visa. He needed to apply to a brick and mortar University to qualify, and is waiting to hear back from some universities now. Good luck to you Mr. M!(Back to Top)
Turkish Scientist in Michigan Wins EB-1A Extraordinary Ability Visa
Our client, O.K., a Turkish Citizen, was working on a H-1B visa status as a Research Investigator at the Department of Biological Chemistry at prominent Medical School of a University in Michigan when he hired our office to assist him with his green card application. His prior experience included research studying characterization of enzymes responsible for endogenous production and clearance of hydrogen sulfide in cells and tissues; involvement of sulfur metabolism in the mechanism of lifespan extension by dietary restriction; protein modifications and signaling in prostate cancer cells; regulation of cystathionine beta synthase and the transsulfuration pathway. His recent research funded by American Heart Association was directed to provide a molecular level understanding of H2S production (a recently recognized member of sulfur metabolism, hydrogen sulfide), biochemical mechanism of H2S signaling, characterization of its cellular targets and its role in regulation of pathways to dictate cellular fate and ultimately apply this knowledge for the development of strategies to modulate H2S levels in cells for the treatment of cardiovascular and neurogenerative diseases. Our office filed on his behalf an I-140 Immigration Visa Petition – EB-1A Alien of Extraordinary Ability- which was approved in less than 2 weeks followed by approval of his Green Card application in less than 5 months.Granting our client a visa as an alien of extraordinary ability will allow him to continue his biochemical research contributions that will benefit the United States and the world.(Back to Top)
TN Visa for Mexican Engineer in a Matter of Days
With all of the H-1B cap headaches going around, employers and employees are looking into different options.
Mr. B is an Engineer from Mexico. His employer came to Margaret Wong and Associates for help bringing him to the U.S. We advised that they sponsor him for a TN visa, rather than an H-1B. The TN can sometimes be a faster, easier option. Best of all, there is no numerical limit (unlike the H-1B).
We knew a TN could be fast, but Mr. B’s case was processed at lightning speed. We were able to secure an appointment at the consulate in Nuevo Laredo within a week or so. We prepared Mr. B with a letter from his employer, proof of his degree and qualifications, and information about the company and job duties here in the U.S.
Mr. B reported that the appointment went smoothly… he was in and out in less than half an hour. Even better, the consulate returned his passport THE SAME DAY, with his new TN visa inside. Mr. B is able to enter the U.S. and report to work, while many H-1B applicants are still waiting to hear if they’ve even been selected for visa processing.
Attorney Rebecca Tseng handled the TN visa process from our California office, outside of Los Angeles.(Back to Top)
TN Visa for Canadian / Indian Citizen
Mr. S, an Indian national with Canadian citizenship, had a job offer as a Software/Computer Engineer for a small company in the U.S. He approached Margaret Wong & Associates for assistance obtaining a TN NAFTA visa.
As you may know, in order to receive a TN visa under the North American Free Trade Act (NAFTA), an individual must be a citizen of a NAFTA country (Mexico and Canada), be coming to the U.S. to work in a profession on the NAFTA list, be coming to the U.S. to work in a position that requires such a professional worker, and possess the required education or experience. A TN applicant also requires an offer of full or part-time employment in the U.S., and cannot petition for him- or herself.
Normally a Canadian citizen can go straight to the border and apply for entry to the U.S. in TN status with the Customs and Border Protection (CBP), but sometimes it’s advisable to file the case first with the USCIS. In Mr. S’s case, his employer was relatively small and had few employees. It could be tough to prove to CBP “on the spot” that the employer was a legitimate business entity with a need for a computer professional. With USCIS, there is a little bit more leeway and more of a chance to present initial and supplemental evidence.Attorney Francis Fungsang of our Cleveland office assisted Mr. S with an I-129 petition filed through the USCIS. The petition was quickly approved, enabling Mr. S to apply for TN admission at the U.S. border with a USCIS-issued approval notice in his hand.(Back to Top)
EB-1 “Extraordinary Ability” Green Card Approval for Chinese Researcher
Margaret W. Wong & Associates' client, Dr. X of China, is an incredible researcher of rare, degenerative neurological diseases. These diseases are as yet poorly-understood and devastating to affected animals and people (think “mad cow disease”). Dr. X is one of the top researchers today struggling with these deadly diseases. He has made huge advances in the scientific and medical community’s understanding of these diseases.
Last year Margaret W. Wong & Associates helped Dr. X apply for permanent residence as an Alien of Extraordinary Ability, or EB-1. We presented the USCIS with evidence that Dr. X had published dozens of peer-reviewed journal articles of his research, garnering hundreds and hundreds of citations. He had given scores of presentations here and abroad regarding his work, which had also been highly publicized in the press. He authored an encyclopedia entry on the subject of his research, won notable awards, was a member of various societies that required excellence of their members, and served as a judge of the work of others by reviewing the research and journal submissions of other scientists in his field.
USCIS agreed with Margaret W. Wong & Associates' opinion (and our well-organized, clearly written brief) – that Dr. X is an individual who has risen to the very top of his field of endeavor. Dr. X’s I-140 Immigrant Petition was filed in May of 2014 using the Premium Processing Service, and was approved in less than two weeks. A little over three months later, Dr. X and his family received their Green Cards.
This case was handled by Attorney Marisela Marquez in our Cleveland, Ohio office. Margaret W. Wong & Associates is honored to have assisted this amazing researcher, and look forward to seeing more groundbreaking achievements from him in the future. We also congratulate Attorney Marquez on this smooth, rapid approval.(Back to Top)
Canadian Citizen on B-2 Visa Receives TN
The visa category "Professionals Under the North American Free Trade Agreement" (also known as a TN Visa) is available to citizens of Canada and Mexico, under the terms of the North American Free Trade Agreement (NAFTA). There is so much focus on H-1B visas that many Mexican and Canadian workers don’t even realize that they may qualify for a TN.
Mr. T, a citizen of Canada, was visiting the U.S. on a B-2 visa when he received an offer of employment at a small engineering firm. Mr. T had a bachelor’s degree in Mechanical Engineering, but the H-1B visa cap had already been reached. Our office quickly processed his change of status from a visitor to a TN worker, and he received his new status and was able to begin working without having to leave the country.
When you are looking into visa options, be sure to consider each and every visa category you might qualify for. Sometimes there will be more than one. A good attorney can help you narrow down your options and select the best visa for you.(Back to Top)
Be Persistent and Fight the Government's Allegations
Our client came to us after she was denied naturalization and placed in removal proceedings. She had previously come to the US based on an immigrant visa petition filed by her husband who she believed was a United States citizen. However, after coming to the United States and obtaining her green card, an investigation revealed her husband was never a United States citizen and that the US passport he had was fake. The government alleged that our client knew that her husband was not really a US citizen and that she was not entitled to entry to the US because the I-130 was invalid as her husband never had any status in the US.
We first had a hearing on the fraud allegation. After considering the testimony, the Immigration Judge ruled that our client did not knowing commit fraud or misrepresent her husband’s status. However, since she was inadmissible at the time of entry, he ruled that she was removable on that ground. We then filed an application for a 212(k) waiver based on her lack of knowledge of the circumstances surrounding her husband. The Court had a hearing on that application and denied the waiver claiming that although our client did not know her husband’s lack of status when she came to the US, she did know when she applied for citizenship and lied at that interview. We appealed the Judge’s decision to the Board of Immigration Appeals. The Board agreed with our position that a waiver was warranted. The case was remanded and in November 2014, the Immigration Judge granted the 212(k) waiver. The waiver cures the prior improper entry and allows her to maintain her permanent resident status. This case shows how important it is to be persistent and to fight the government’s allegations. Scott Bratton handled the case.(Back to Top)
Chinese Visitor's B-2 Visa Expiration Thwarted with Swift Work
A national and citizen of China, Y.G., retained our office in September 2014 to extend her visitor’s visa that was expiring within 2 weeks. Our experienced staff diligently worked on the case complying with the all USCIS requirements for a B-2 visitor visa extension and submitting the application in a timely manner. The visa extension was approved extending our client’s stay in the U.S.(Back to Top)
Work Authorization Approved, I-131 and I-485 Pending
F.Q., a citizen and national of China, retained our New York office in July 2014 to help him obtain his work permit based on a long pending I-485, Application to register permanent residency that was filed by a different attorney. The application for residency was based on an approved I-130, Petition for Alien Relative. The application for employment authorization was approved in early October 2014. Our client was also in needed to travel abroad and our office advised him to file an I-131, Application for Travel Document. The application was filed immediately and our client is awaiting approval of both the I-131 and his I-485 Applications.(Back to Top)
F-1 Visa Reinstatement Saves Student Who Missed Class Registration
It’s tough being a college student. Registration and class schedules are confusing for U.S. students. For international students who are still getting used to the language and culture, it can be overwhelming. On top of that, U.S. colleges are cutting classes that many students (international and U.S. alike) need to graduate.
Mr. C, a young man from China, is a student at a U.S. university. In 2013 he took a vacation and maybe let his mind slip a bit. When he came back to school, he found that he could not register for the classes he needed, and no other classes were available. Now, if you are a student who fails to maintain full-time status as listed on your I-20 (in some cases I-20s can list part-time study) you are violating the terms of your F-1 status! Normally the school’s International Student Supervisor (ISS) should help students who fall out of status, but for some reason the school’s ISS wouldn’t help Mr. C.
So Mr. C came to us for help. Our solution was to request a reinstatement of his F-1 student visa by applying to the USCIS here, in the U.S., without leaving the country. We immediately set to work gathering documents to show that he hadn’t been out of status long, that this request was a one-time occurrence, that he was still intending to continue his schooling, and that the lapse in status had been due to circumstances beyond his control (this isn’t an exhaustive list, but you get the idea). We had a hard time getting a new I-20 from the school’s ISS, but we finally did get it.
Mr. C’s F-1 reinstatement request was filed and approved in October of 2013. He is now continuing his schooling, and will likely never take class registration lightly again.(Back to Top)
Cancellation of Removal, I-485, and I-130 for Chinese Family
Our clients, a Chinese man in his early 40s, came to our New York office seeking help in 2010. We decided that the best strategy was to pursue what’s known as cancellation of removal. The first step of this process was to file an I-589 asylum application. It’s important when filing an asylum application to have all the correct documents in order with translations. We spent months communicating with our client and helping them gather the correct documents. After we translated the documents we filed the I-589 application. Within a month of filing, we received an interview notice to meet with an asylum officer. We prepared our client before and attended the interview with him, which went well. He was put into court proceedings. The Immigration Judge granted cancellation of removal under section 240A(b)(1). Our client was then eligible to adjust status and we filed an I-485 application for permanent residence for him, which was approved. We then filed an I-130 immigrant relative petition for his daughter, which was also approved. Our client is grateful for Margaret W. Wong & Associates steadfast commitment and diligent work over the past four years.(Back to Top)
U-Visa for Indian National
Our client, Mr. P, came to the U.S. from India as a child with his family. In 2003 he was a 23-year old college student working alone in his family’s grocery store when every shop owner’s worst nightmare came true. Two armed men entered the store and ordered him onto the ground, threatening to kill him. They pointed guns at his head and robbed him of several thousands of dollars. Badly shaken, Mr. P called 911 after the armed robbers left. He continued to provide assistance to the police department, enabling them to arrest and charge the men. But it didn’t end there. Mr. P continued to suffer from the event. He had difficulty sleeping. He had nightmares, and shook and sweated when remembering the events of that night. He was unable to return to work at his family’s store, and eventually they decided to move away from the area.
Mr. P had had been in the U.S. for quite some time without any valid status. His experience with the robbery had shaken him to the core. He came to us for assistance in gaining a valid status in the U.S. Fortunately, the U.S. provides the U visa for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
In September of 2012 we submitted a petition for Mr. P’s U visa, along with police reports and news articles about the robbery and a psychological evaluation detailing Mr. P’s post-traumatic stress. Mr. P’s U visa was approved in late 2013 and he received work authorization. His wife’s was approved just recently. After the hardships Mr. P endured as a victim of this violent crime, his new visa status gives him some measure of relief. After three years in U visa status he will be eligible to apply for his permanent residence.(Back to Top)
After I-730 Pending for 5 Years, Client Receives Visa
Our client, a native of China in his 40s, retained our office when his I-730 Refugee/Asylee Relative Petition was pending with USCIS for five years. We contacted USCIS several times to inquire about the status of the petition and the cause for the delay. The agency informed us that there was a delay in processing times. We filed a FOIA with the Department of Homeland Security. We were finally able to get in contact with the US Attorney and received a request for further evidence (RFE) for the I-730. Soon after submitting the RFE we received an approval notice. Once the I-730 was approved, we were able to file for a work authorization for the client. Our client and his family are very grateful for Margaret W. Wong & Associates’ dedication and commitment to getting to the bottom of this case.(Back to Top)
Citizenship and I-130 Petition for Spouse after Motion to Vacate
Our client, a native of Romania, was a legal permanent resident and wanted to apply for citizenship in the United States. However, a few years earlier, he had plead guilty to domestic violence, which is a deportable offense. At the time, though, he was unaware that a guilty plea would negatively affect his application for naturalization. Our first step was to file a motion to vacate the guilty plea with the court. After the judge granted the motion, we immediately began preparing our client’s N-400, or naturalization application. Scott Bratton, partner at Margaret Wong & Associates, accompanied the client to his interview with USCIS and his application was approved soon after.
About a month later, our client decided to file an I-130 petition and I-485 application for adjustment of status for his wife, who was also from Romania. We prepared the forms for our clients and prepared them for their interview with USCIS. We also attended the interview with the couple. Within four months of filing the petition, our client’s wife was approved for a green card.(Back to Top)
U Visa for Mexican woman with an abusive husband
Our client, a young woman from Mexico, was in the United States with lawful status when she met her soon-to-be husband. The couple married and the woman’s husband filed I-130 petition for alien relative for her and she filed I-485 Application to Adjust Status, and successfully received her green card but soon the relationship began to experience significant turmoil. The husband began to exhibit alcoholism, a gambling habit, and was diagnosed with PTSD. He was occasionally physically abusive and often emotionally abusive towards her. Because the woman loved her husband she stayed with him for quite a while but eventually had to leave. She came to us very fearful and in tears. We were able to file to remove conditions on her green card with a Form I-751 accompanied by a plethora of supporting documents, including the woman’s own affidavit with which we helped her. Her case was approved without an interview, removing the conditions on her green card and she can now put her painful past behind her.(Back to Top)
10 year cancellation pending, EAD approved
On 01/19/2011, a Mexican national came to the Cleveland office for a consultation, she’s been in the US for 10 years, crossed the border illegally. The client came to see Mrs. Wong to file an I-589 for 10 yr. cancellation purposes. We filed the I-589 on 06/05/12 and her 1st Work Permit was filed on 11/01/12 and it was approved on 12/17/12. The client received her approval notice and is able to work legally in the United States and also she was able to receive her social security and her Driver license. After a year we renewed the work permit that was filed on 09/14/13 and it was approved on 11/01/13. Every year we will be renewing her work permit while the case is pending in the Cleveland Immigration Court. The client currently resides in Columbus, Ohio.(Back to Top)
Salvadoran gets EAD and has pending Immigration Court case
On 07/9/2012, a Salvadoran national came to the Columbus office for a consultation, he came to the US in November of 2000, crossed the border illegally from Mexico. The client came to see Mrs. Wong to file an I-589 for 10 yr. cancellation purposes. We filed the I-589 on 07/25/12 and his 1st Work Permit was filed on 11/09/2012 and it was approved on 12/24/12. The client received her approval notice and is able to work legally in the United States. After a year they renew the work permit that was filed on 09/05/2013 and it was approved on 11/02/2013. Their case is pending in the Cleveland Immigration Court. The client currently resides in Columbus, Ohio.(Back to Top)
E-3 approved for financial services professional in NYC
An Australian financial services professional in his mid 20s hired us in October 2013 to apply for an E-3 visa. This visa applies only to Australians who have Bachelor’s degrees and work in a specialty occupation. Our client met these requirements and we filed his application in November. Despite the fact that our client had switched employers, making the case more complicated, his application was approved in January 2014, only two months after we filed.(Back to Top)
E-3 approved for Australian Marketing Specialist
At about the same time, in November 2013, our office was retained by another Australian professional, this one a marketing specialist in his late 20s, to help him obtain a temporary work visa. We filed for an E-3 visa, a unique visa category that is reserved for Australians working in specialty professional occupations that require a minimum of a Bachelor’s degree. In January 2014 his application was approved. Two months from start to finish! Truly remarkable and possible because of the hard work and dedication of all those who worked on this case at Margaret Wong & Associates.(Back to Top)
Once priority date became current green card approved for this South Korean and wife
In 2006, our office was retained by a South Korean realtor and his wife. We originally filed for an employment based visa which was quickly approved. We then began the process to obtain green cards for the client and his wife. Because of significant backlog, our clients had to wait until 2012 to be approved for permanent residency! They are very happy to have their green cards and to be settled in the US.(Back to Top)
Chinese nurse approved under EB2
A Chinese nurse and her husband, a PhD student, came to us in 2008 seeking help with an employment based visa. At the time the clients were taking out a loan for their house and wanted to be sure of their status. They were approved for their loan and in 2009 the wife began a Master’s program in nursing. After she completed her Master’s we filed for permanent residency under the EB2 category, which is for immigrants with advanced degrees. In October, 2013 the client and her husband were approved and received their green cards.(Back to Top)
Hardship waiver based on battery/extreme cruelty
We were retained by a foreign national to help file a petition to remove conditions on his permanent resident status based on a hardship waiver based on battery and/or extreme cruelty by his US citizen spouse. We filed the application along with numerous supporting documents. USCIS issued a request for more evidence which we responded to immediately. Shortly thereafter, our client was approved and received his lawful permanent resident card, good for 10 years. He was pleased with our representation happy to receive his new green ard.(Back to Top)
H-1B Brings Healthcare Organization Master's Degree Employee from Hong Kong
We were retained to work on an H-1B visa Master’s Degree Cap case for a beneficiary from Hong Kong working in the behavioral healthcare profession for a nonprofit healthcare organization. We filed the H-1B application on March 29, 2013, due to the H-1B cap lottery requiring all H-1B’s to be filed by April 5, 2013. We received an RFE and responded to the RFE. We subsequently received an approval of the H-1B visa for the employer and employee to begin working October 1, 2013 with a validity for 3 years.(Back to Top)
Taiwan Business Owner Wins Approval Operate in US
An alien from Taiwan retained us to work on his E-2 non immigrant visa based on his ownership of a fastener (used in cars) company. He entered the US on a B-1 visa and needed to get work authorization to permit him to operate and control the business he owned with his family. We filed the E-2 on April 18, 2013 and then received a request for evidence on May 16, 2013. We worked diligently to ensure that USCIS receives the proper documents in order for the applicant to receive a favorable decision. USCIS approved the case on August 16, 2013 after finding that the applicant qualifies for the E-2 classification. The alien was very happy to get the approval and looks forward to his work here in his business.(Back to Top)
Woman Overcomes Naturalization Cancellation
A naturalized United States Citizen came to Margaret W. Wong & Associates with troubling news. The United States Citizenship and Immigration Services (USCIS) notified her that they will be cancelling her certificate of naturalization! She needed fast help and so the firm took the case. A brief with supporting documents was filed. The naturalized United States Citizen was then scheduled for a hearing known as an INA §342 hearing where her case would be heard by an Immigration Officer. The firm, through hardworking staff and attorneys came together and provided her with important preparation. Thus she was ecstatic when she received a letter in the mail from USCIS stating that they will not be cancelling her certificate of naturalization. She felt at peace. The attorneys and staff at Margaret W. Wong & Associates were glad to help her maintain her hard earned status in the United States as a citizen.(Back to Top)
Chinese National's Green Card Restored
A Chinese National came to Margaret W. Wong & Associates after a problem arose during her Green Card interview. The United States Citizenship and Immigration Services (USCIS) said she would not be able to get her Green Card because she was a member of the Communist Party! The firm filed a motion to reopen or reconsider with USCIS explaining that the Immigration Officer's decision was incorrect based on the law and cases. The hard working attorneys and staff at the firm put together a brief explaining her defense and supporting evidence. USCIS then acknowledged that the first decision not giving her a green card was wrong. The Chinese National is very happy because she obtained her \Green card without having to wrongfully state that she was inadmissible for her membership in a Communist party. The attorneys and staff at Margaret W. Wong & Associates were just glad to help her achieve her goal.(Back to Top)
Man from China Becomes Legal Permanent Resident After NOID Issued Based on Discrepancies
Mr. L, a Chinese national, filed his I-485 Application to Adjust Status in November 2012 based on his approved asylum status. He used the law office of another attorney (prior attorney) to prepare his I-485 application and his I-589 application. Mr. L is not fluent in English. His primary language is Chinese, Mandarin dialect. Due to discrepancies on the forms previously submitted in this case by other offices, USCIS issued a notice of intent to deny (NOID) his I-485 application and our office was hired to respond to NOID. Our office prepared a detailed statement in the case explaining the discrepancies that Mr. L’s prior applications contained. These inconsistencies had to do with his prior work and residence addresses. USCIS considered the detailed explanation and the evidence that our office submitted on behalf of Mr. L, and his case was approved. Mr. L is now a Legal Permanent Resident.(Back to Top)
Man from China Only Achieves Legal Permanent Residence through Mandamus Compelling USCIS to Complete Their Work
Mr. X, a citizen of China, came to our office to assist him with the I-485, Application for adjustment of status that had been pending with USCIS since early 2014. Mr. X had an approved I-140, Immigrant Petition for Alien Worker 1st preference that he filed in March 2014 with USCIS with the assistance of another attorney. However, USCIS failed to take any actions on the I-485 application for more than 2 years. Our office filed a mandamus action with the U.S. District court to compel USCIS make a decision. The I-485 application was were approved within a short period of time and now our client is Legal Permanent Resident.(Back to Top)
Family in Midst of Fight to Stay in the USA Wins Administrative Closure
Our Client wrote us a letter:
I write to express our deep felt thanks to Chela Marquez the lead attorney, Margaret Wong, and the entire Margaret W. Wong and Associates law firm. Over the years I have been privileged to meet and talk to many in the firm who have been nothing short of terrific. I wish to name Allison, Albion, Ariana, Azaadjeet, Fabiola, Scott and of course Leo, who can forget Leo. Similar thanks goes to all others whom I also know worked as hard in various ways.
I have seen hope exemplified, care exercised, consideration granted and, most importantly, excellence in industry at its best in your law firm.
The pause provided by administrative closure provides a sigh of relief and is also a reminder that the fight is not over yet. With the Margaret W. Wong and Associates law firm at my corner, I am happy and confident that we have a partner who will fight hard with us and try to get to the finish line.(Back to Top)
Taiwan Man Lied on Visa Application, Won Waiver, Can Expect Green Card
Our client came to us in 2014 after he was placed in removal proceedings for having committed fraud on his entry to the United States. He claimed on his immigrant visa application that he was single when he actually was married. Had he stated he was married, he would not have been admitted to the United States because his father was only a permanent resident and there is no visa category for a married adult child of a lawful permanent resident. Therefore, he was charged with fraud/misrepresentation and improper entry as a lawful permanent resident since he was not entitled to that status. We appeared in court earlier this year and requested a waiver pursuant to INA Section 237(a)(1)(H). We filed a great deal of supporting documentation to show that a waiver is warranted as a matter of discretion. In September 2016, our client testified in support of his waiver application. After hearing the testimony, the Court granted the 237(a)(1)(H) waiver. Our client will now be able to stay in the United States as a lawful permanent resident. He can also apply for U.S. citizenship and can petition for his wife to come to the United States. Scott Bratton handled the case.(Back to Top)
REUNITING HUSBAND AND WIFE
An Indian woman immigrated to the United States, leaving her husband behind in India. She became our client in April of 2016, so we filed an I-130 (petition for an alien relative) form on her behalf with the sponsorship of one of her family members. Because her husband remained abroad in the India, we filed a I-864, an Affidavit of Support form, to the National Visa Center (NVC), proving that our client could financially support her husband. We successfully obtained a visa for her husband, even though her I-130 is pending approval.(Back to Top)
SIMPLE DOCUMENTS TO TRAVEL
A Chinese man and his wife came to our firm in December of 2016 seeking travel documents as refugees. We filed I-131 (application for travel document) forms for the couple on the same day, and four months later, the couple each received approved travel documents.
Our office was hired by a senior green card holder that was in need to rapidly obtain an I-131 Travel Document. She was truly concerned because she was in the necessity of urgently traveling to her native country to stay there for more than 6 months. We filed her application and successfully in two months we obtain her approval. (Back to Top)
LIBERIAN IMMIGRANT FATHER SENDS HIS SON TO STUDY ABROAD
Our firm filed for a Liberian father’s permanent residency to be adjusted to citizenship with a N-400 (naturalization) form. Even though the decision is still pending, we helped our client file to adjust his son’s status with the I-130 (petition for alien relative) by having our client sponsor his son’s petition to be a permanent resident. After filing the sponsorship form (I-130), we filed the I-485 (adjustment of status or permanent residency) form to finalize his son’s status and earn him a Green Card. The father also expressed concerns of his son’s travelling outside the United States for college and studying purposes. In response, we filed an I-131 (application for travel document) for a re-entry permit and an I-765 (work authorization) form for work. Three months later, the I-131 was approved as well as his I-765, so the son can continue his college studies and working.(Back to Top)
SON SPONSORS PARENTS FOR PERMANENT RESIDENCY
A Mexican couple came to our firm in September 2016. The woman middle-aged and came to the United States with a B-2 visitor’s visa. She and her husband were married in August of 1991, and they have three children: two born in Mexico who currently living there and a third who was born in the United States and lives in the United State with his uncle. The wife is our client, and she came to the United States for the first time as EWI (entry without inspection) when had her U.S. citizen baby. The couple often used their border crossing card to travel back and forth from the United States to Mexico to shop.
Our firm recommended that their child, who is a United States citizen, petition for them, so we filed an I-130 (petition for alien relative) using the son as a sponsor and an I-485 (application for adjustment of status or permanent residency) form for a follow-up to become a permanent resident. Even though the I-485s were initially denied, our firm reanalyzed the case and provided more evidence to make an appeal. In addition, we filed I-765 (work authorization) forms and I-131 (application for travel document) forms for the couple, and they both were approved, allowing them to work in the United States and have re-entry to and from Mexico while their I-485s and I-130s are pending approval.(Back to Top)
FINISHING WHAT HE STARTED
With an already-approved I-130 form, a Chinese man came to our firm in February of 2013. His I-130 (petition for an alien relative) was sponsored by his wife who is a United States citizen. We filed an I-485 (adjustment of status or permanent residency application) as a follow-up to his I-130 approval. While the I-485 status is pending, we filed an I-131 (application for travel documents) for re-entry travel documents, allowing our client to travel outside the United States and an I-765 document, allowing our client to work in the United States. Both his I-765 and I-131 were granted on the same day. We have also advised our client on obtaining Social Security and continue to ensure his Green Card application is approved.(Back to Top)
REOPENING A FILE TO WORK AND TRAVEL
Originally coming to us in 2015, a Colombian client was seeking status in the United States. After analyzing our client’s case, we filed for asylum (I-589 form) but decided to wait until he married his girlfriend who is a USC (U.S. citizen) before filing a I-130 (petition for alien relative, including spouse). Because of the delay in marriage and the client’s decision to eventually close his asylum case, we closed his file; then, in October of 2016, we reopened the client’s file a week before his marriage to his girlfriend. We filed his I-765 (work authorization) form, I-131 (application for travel documents), and I-130. Because of our client’s sponsorship, he was eligible for a Green Card (permanent residency with an I-485 form). We filed his I-485 for permanent residency along with his I-130, and six months later, our client’s work authorization and travel documentation were approved.(Back to Top)
TRAVELLING FAMILY SUCCEED IN SPONSORSHIP
We became representatives for our client in September of 2016. She was an immigrant from Mexico who came with her Guatemalan husband and their daughter. The family found a petitioner in the United States to sponsor their permanent residency, so we filed I-130s (petition for alien relative) for the wife and husband under the same sponsor. We also filed for our client’s asylum with her husband as the riding applicant using the I-589 form. Because our client expressed desire to be able to travel outside the country while their file was pending, we filed an I-131 (application for advanced parole or travel documentation) for the wife with her husband, again, as the riding applicant. We succeeded in having their petitions and travel documentation approved, so our client and her family could travel to Guatemala. During their time travelling, we began preparations to file for our client and her husband and daughter’s Green Cards (I-485 form) with the sponsorship approval and work permits (I-765 form). We will finalize the rest of our client’s case after they return from Guatemala.(Back to Top)
GERMAN CLIENT QUICK B-2 VISA RENEWAL
A client from Germany sought our firm’s help to renew his B-2 visitor’s visa, so we filed an I-539 (application to extend nonimmigrant status). The USCIS sent our offices a RFE (request for more evidence), so we added our client’s financial records as well as letters of support. The visa extension was approved shortly after we submitted the information, so our client can now legally remain in the United States for six more months. We are now helping advise our client on the best way to adjust his status from a visitor’s visa to a student visa (F visa) or an exchange visa (J visa).(Back to Top)