Immigration.com Sample Cases

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.

Category: L-1A Visa
Status: L-1A approved for functional manager

An L-1A visa can be obtained for an international manager or executive who manages other professionals or who manages an important function of the organization (“functional manager”).  Historically, it has been difficult to obtain L-1A for functional managers.  USCIS is more esily convinced where professional employees are being managed.

We had a case for a Sales Manager from India being relocated by his European HQ to work in the USA.  The company is several-thousand employee strong internationally, but has a low head count in the USA.  USCIS sent an RFE that showed they were not convinced that the position was high enough in the hierarchy or managerial enough to be qualified as a manager or an executive under the L-A status.  We responded with detailed explanation and evidence of the importance of the position, and that USCIS had neglected to consider that the position clearly qualified as a functional manager.   USCIS approved the case.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: Basic Medical Sciences, Chemists, Microbiologists, Pharmacists, Researcher, Scientists and Researchers, O-1 Visa
Status: O-1 approved

We have received an approval for an O-1 for a pharmaceuticals scientist employed by a small company.  The case was approved without an RFE where we clearly showed the advanced nature of the work and the qualifications of the beneficiary.  The outcome of O-1 visa petitions is always unpredictable, and, as a practical matter, more so where the employer is a very small company.  Despite its size, the company was engaged in highly specialized and advanced level work.  In addition to the beneficiary’s qualifications, the nature of the work was probably decisive in tipping the balance in our favor.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: L-1A Visa
Status: L-1A Petition and Visa Approved

We have received approval of both an L-1A petition and L-1A visa stamping for a managerial employee of a small business from India.  The business in India consists of five employees and is completely different from the business they are starting in the USA.  Normally, small businesses present much difficulty for L-1A approvals – the key issue being why does a small business need an employee at the level of an executive or manager.  Nevertheless, we were able to demonstrate to the satisfaction of both USCIS and the Consulate that this is a genuine business venture.

Intrested business people may want to view the information on this page: http://www.immigration.com/visa/l-visa/l-visa-overview

And these Videos on our YouTube channel: Doing Business in The USA

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Type of Case: Fraud Findings Reversed
Category: Immigration through Marriage, US Consulates, Fraud/Misrepresentation, FDNS
Status: Green Card Approved after Fraud Finding

We were asked to provide a second opinion on a complicated case where the US consulate had denied a green card based upon a finding that the beneficiary/applicant had committed visa fraud where they had earlier misused a visa.  The consulate directed the applicant to file for a waiver (which is quite difficult to obtain).  Note that a finding of fraud is a permanent bar from entering the USA.

When we reviewed the file, it appeared to be quite clear that the finding of fraud was unjustified.  A “misuse” of a visa is not by itself fraud, unless some lies or deception were involved.  So, our recommendation to our clients was to fight the fraud finding, for which we were then retained.  Well, after several  rounds of argument  lasting over a year with the consulate and the Washington, DC office in charge of the consulates, finally, this morning, we have received the approval of the green card.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: Form I-485
Status: I-485 AOS reinstated

We represented a client  and her minor child. They had filed their I-485 applications as derivative applicants. Two months after the I-485 filing, the primary applicant, her husband died in a tragic accident. USCIS requested biometrics for all applicants, but she did not appear because she was informed that her I-485 application would not survive the death of the primary applicant. We filed a motion to reopen the case, showing that the applicant was and is legally entitled to survivor benefits under the Immigration and Nationality Act. USCIS reopened the case for the applicant and her minor child in approximately six weeks. Her I-485 has been reinstated.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Type of Case: I-140 education issue
Category: Computer and IT Professionals, Form I-140
Status: I-140 approved

We represented an IT consulting company and a Senior Software Engineer employed by them from the point forward where they received an RFE.  USCIS issued a Request for Evidence (RFE) questioning accreditation of the Indian universities where the applicant received his degrees.   We researched the universities in question and documented that both are highly regarded and world renowned institutions. Additionally, we received an expert opinion that noted that both universities were accredited at the time the applicant received his degrees. In our response, we pointed out that there is more than one relevant accreditation body in India and both universities in question were and are recognized by the Indian government. The case was approved in about two weeks. 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: Naturalization
Status: N-400 denial reversed. Naturalization approved.

We represented an applicant after his application for naturalization was denied.  He had obtained permanent resident status through marriage with a U.S. citizen. Applicant’s Form N-400, Application for Naturalization, was denied because of a failure to meet the good moral character requirement.  USCIS questioned the veracity of applicant’s marriage, and therefore the basis of his Green Card approval. Strangely enough, this issue was raised at the naturalization stage.  We procured various items of evidence attesting to the genuineness of applicant’s marriage, and established that although applicant’s job required frequent travel and relocation, his marriage was entered into in good faith.  We emphasized that USCIS must take into view the unique circumstances of the applicant’s life.  Applicant was granted a hearing before an officer, and received his N-400 approval within eight weeks.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: Appeals and MTR - Green Card, Computer and IT Professionals, Employment Based Green Cards, Form I-140
Status: Revocation of I-140 reversed

We have received a series of reversals and remands from the USCIS appeals office (“AAO”) where we had argued that the USCIS had erroneously and illegally revoked approved I-140 petitions.  The grounds of appeal in the cases involved:

Failure to prove qualifications of employee because the documentation of experience was insufficient;

Successorship-in-interest of companies, where one company was acquired by another;

Legality of “roving jobs,” consulting positions that require periodic relocation.

The revocation of the I-140s have been reversed and USCIS has been asked to revisit their decision.  We are by no means out of the woods yet, but at least we are vindicated in our understanding that these decisions were against law and policy.

 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: F-1 Visa, OPT
Status:

We have won a series of cases where USCIS had earlier held that unpaid employment under OPT was legally unacceptable to maintain status.  We have argued that such holding is contrary to all law, policy and precedence.  Students are NOT required to engage in PAID employment.  All these cases were won after we filed our briefs pursuant to Motions to Reopen (MTR).

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: AC21 AOS Portability, Engineers, Form I-130, Form I-485, Fraud/Misrepresentation, Waiver
Status: Green Card AOS Approved

We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain. We filed a Motion to Reopen the denied AOS and applied for a new AOS with the waiver request. Here comes the tricky part -- the waiver request form requires us to concede that we have committed fraud. That was untrue. Our clients had acted innocently. USCIS was of the opinion we must checkmark the box on the waiver form that admits to fraud. I refused to permit that. The reason: if we admit fraud under penalty of perjury, and that admission is false; would that admission not amount to perjury and perhaps fraud? We were willing to take this matter to court. We had sufficient evidence on the record indicating innocence. To our relief, USCIS approved the AOS without further inquiry. PS Note that entering the US on any short term visa (except K visas and dual intent visas like H-1, L-1, etc. – I have a blog entry on what are dual intent visas) and trying to convert to a long term visa or green card can be viewed with suspicion by USCIS. From: Rajiv. Click HERE to watch a video on this discussion. Adjustment of Status Form I-130 Form I-485 ESTA Fraud/Misrepresentation Waiver Engineers

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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