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
Engineers 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.
USDOL had denied a series of cases for many employers represented by various law firms. The ground of denial was that when "engineering" was one of the acceptable majors for an IT job, that created too much ambiguity for a case to be approved. DOL stated that there are fields of engineering, such as Agricultural Engineering, which are clearly inapplicable to IT positions.
This ruling had become a nation wide issue.
We filed an MTR pointing out the defects, legal and factual, in the ruling. We also indicated our willingness to litigate this highly unfair ruling in federal courts. DOL has, most appropriately, reversed their decision.
The applicant completed a three-year Diploma in Computer Engineering from an accredited institution in India (Government Polytechnic Mumbai). The applicant was then directly admitted to the second year Bachelor of Engineering (B.E) program at an advanced level and completed the four-year degree B.E. program.
We provided several items of evidence that indicated that the applicant had attained the foreign equivalent of a four-year Bachelor of Science degree in Computer Engineering from an accredited U.S. college or university.
The I-140 was approved.
We filed a petition premium processing for the beneficiary who qualified based on her extraordinary engineering contributions. Her substantial and highly scientific contributions paved the way for commercial manufacturing of flexible displays by major, well-known display manufacturing companies. The beneficiary’s commercialized research was featured on Amazon.com. She had over eight years of research experience in the nanotechnology field resulting in multiple patents. We also provided documentary evidence of the beneficiary’s research publications in prestigious scientific journals as well as the lengthy citation record of these articles. The beneficiary was employed with a private employer therefore we submitted documentation of the petitioner’s R&D staff to show at least 3 full time researchers. We also provided documentary evidence to show the accomplishments of the employer as well as their ability to pay the beneficiary’s proffered wage, which included a letter from the CFO, the beneficiary’s tax return, W-2, and recent pay stubs. The petition was aproved without an RFE.
We filed a petition premium processing for the beneficiary who qualified based on his original contributions, publication record, featured research work in the media and service as a judge of the works of his research peers. USCIS seems to have accepted the veracity of our claim for outstanding ability without a question. We were issued a request for evidence asking only for proof of the petitioner’s ability to pay. We supplied the most recent financial report of the petitioner, a letter from the CFO as well as copies of the beneficiaries W2 and most recent pay stubs. The case was approved within a week.
We filed an EB-1, Outstanding Researcher petition premium processing for the beneficiary who qualified based on her extraordinary contributions in applied sciences. Her substantial and highly innovative contributions paved the way for commercial manufacturing of flexible displays by major, well-known display manufacturing companies. The beneficiary’s commercialized research was well documented. She has over eight years of research experience in the nanotechnology field producing a multitude of patents. We also provided documentary evidence of the beneficiary’s research publications in prestigious scientific journals as well as the lengthy citation record of these articles. What was unusual about this case was that the beneficiary did not have a PhD, which is the norm for many, if not most EB-1 cases.
We won this case for the applicant who had an extensive publication record with over 40 publications at the time of filing. The recommendation letters noted his extraordinary talents and unique background as well as his vast knowledge in optical telecommunications. This applicant was requested to review for a world-renowned electrical engineering professional society journal.
We won this case by providing strong recommendation letters and evidence of U.S. government support of this applicant's innovative research. His previous scholarly publications and impressive presentations were just a few key elements to his unique background. The FAA in particular was interested in the creative talents of this applicant.
This applicant had over twelve years of research experience. We noted the applicant's international reputation in the fourteen recommendation letters submitted. The applicant was a member of a prestigious professional society membership of which requires noted achievements in the field. We provided evidence of the extensive presentations the applicant made due to his level of expertise in the field.
We won an Alien of Extraordinary Ability case for the applicant having advanced degrees from the prestigious Indian Institute of Technology, one of the most premier institutes in India. His research work was so highly regarded that he was awarded a two-year post-doctoral fellow at the Institute. This is a very high honor in that only “a select few” are considered for this position. The applicant had numerous books on civil engineering published and utilized by prestigious teaching institutes.