Success Stories From 2009

Our client, a citizen of China had filed an adjustment of status application on the basis of marriage to a U.S. Citizen. The Plaintiff's adjustment of status had been pending with the USCIS for almost three years. USCIS did not adjudicate her adjustment of status application since they could not get the name check clearance from the FBI. We filed a lawsuit against the Department of Homeland Security (DHS) and others including the FBI to compel these agencies to adjudicate Plaintiff's AOS application. The case was filed under the Mandamus and Administrative Procedure Acts.

Our client’s derivative-based Adjustment of Status (AOS) application was denied.  USCIS stated in its denial that the applicant had been out of lawful nonimmigrant status for more than an aggregate amount of 180 days.  We filed a lawsuit against the Department of Homeland Security (DHS) and others (Defendants) alleging, inter alia, that our client (the Plaintiff) would have been out of lawful nonimmigrant status for less than an aggregate amount of 180 days had the Defendants adjudicated Plaintiff’s earlier H-1 petition as of the filing date.  In addition, Defendants failed to adjudicate a nonimmigrant visa extension that the Plaintiff filed prior to the H-1 petition.  In our complaint, we sought redress under the Administrative Procedure and Mandamus Acts for DHS’s failure to approve Plaintiff’s H-1 application nunc-pro-tunc.  In addition, we claimed that the Defendants’ denial of Plaintiff’s AOS application was arbitrary, capricious, and unjust.

Our client retained us as legal counsel in order to compel the USCIS to grant an Employment-Based Adjustment of Status (AOS) Application. The Plaintiff's case had been on file with USCIS almost three years before he sought our assistance.
Prior to filing the AOS application, Plaintiff filed an I-140 petition on his own behalf, which USCIS approved. The Plaintiff is a professor of science with extraordinary ability as defined under the first preference category of employment-based priority workers. We filed a lawsuit against the Department of Homeland Security (DHS) and others to compel these agencies to adjudicate Plaintiff's AOS application. The case was filed under the Mandamus and Administrative Procedure Acts.

We won a case for a Ph.D. in computer science/engineering who had over nine years of experience. The applicant held various positions at highly prestigious research institutes in the world. His expertise was considered a cut above the rest and therefore ranked as one of the top in his field. He was a noted author for several scientific journals and posted many conference publications, technical reports and book chapters. He was the recipient of notable awards for extraordinary achievement. He also conducted peer reviewing of manuscripts for prestigious international journals and conferences.  He was also often called upon for oral presentations and seminars, which resulted in extensive international collaborations. He also served as peer reviewer, committee organizing member, and graduate supervising committee member. In addition, he was a member of 2 prestigious professional societies. He was well known in his field for numerous innovative and pioneering discoveries.
 

We won a case for a Ph.D. in Remote Sensing and Geographic Information Systems – Geomatic Engineering.  He had over eight years of teaching experience and ten years of research experience.  His unique background landed him a position abroad as a critical member of a high-level research team. We provided documentary evidence to show the applicant’s qualifications, which included publications, media articles, citations and letters of invitation to present his innovative work.  The applicant had extensive evidence to show the impact of his contributions to his field.  Evidence covered a lengthy period of time reflecting the years of highly specialized training and experience gained by the applicant. We submitted letters of recommendation from high-ranking officials who had formerly worked with the applicant on various projects. We also showed that his expertise was world-renowned and thus was invited as a guest editor for a prestigious scientific journal.