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SAMPLE CASES HANDLED | IMMIGRATION

Fake Passport and Visa

He entered the US with a fake visa and a fake passport. He eventually married a US citizen but he had a problem legalizing his status because he was inadmissible and ineligible to adjust.

He sought our assistance after hiding for 20 years and we got his green card 3 months after we filed his adjustment of status and waiver applications.

Got Green Card Despite Drug Use

A nurse, along with her husband, applied for an immigrant visa at the U.S. Embassy in Manila on the basis of an employment-based petition. Her application was approved but not her husband’s due to his prior drug use. When she arrived in the U.S. she filed a relative petition and retained us to represent him. He was able to overcome his earlier finding of inadmissibility and got his green card.

Birth Certificate Shows Aunt as His Mother

A U.S. citizen mother filed an I-130 petition on behalf of her son. But there was a problem. His birth certificate showed that his aunt and her husband were listed as his parents and this was done to conceal the mother's illicit relationship. The son used the last name of his aunt and uncle in all his documents including his school records and his passport. And he never knew his real mother until the real mother filed the I-130 petition.

Despite all these problems, the son obtained his green card.

RN didn't have to pay for Breach of Contract

A nurse was petitioned by a hospital for a green card but a few weeks later she left her employment to be with her relative in another state. The hospital threatened to sue her for breach of contract and demanded reimbursement of recruitment expenses and liquidated damages. We represented her and she didn't have to pay anything to the hospital.

Green Card Condition Removed Despite Divorce and Lack of Joint Documents

He obtained his conditional green card through his wife’s petition but shortly thereafter he went to the Philippines to be with his ailing mom. When he returned several months later she was no longer in his apartment and left no word as to her whereabouts.

When he filed his I-751 to remove his green card condition he was already divorced so he requested a waiver of the joint filing requirement. But there was a problem. He could not submit important joint documents such as tax returns, credit card statements, or utility bills and he only had a couple of photos with her. The USCIS sent a request for more evidence but he could not comply. He was asked to appear for an interview and was told again to bring additional documents to prove that his marriage was in good faith. He went for his interview but the officer dismissed him when he could not submit additional evidence. Nevertheless, his waiver request was granted and his green card condition was removed.

Fraudulent Employment Certificate

He had previously submitted an employment certificate prepared by the paralegal of his previous lawyer and which contained false information. When he was later interviewed at a U.S. embassy for his immigrant visa application he admitted that his certificate was a fabrication so his application was denied. We took over the case and filed a waiver of misrepresentation. The waiver was granted and he is now a permanent resident.

Retained Child Status Although He Was Over 21

He filed a family-based (F-2A) petition for his son. Since there was a backlog his son had to wait for a visa number. When his priority date became current he was already over 21 years old. But despite having aged out, he retained his preference classification as a minor under the Child Status Protection Act and got his green card much more quickly.

Provisional Waiver for Fiancée

She entered as fiancée of a citizen and got married. Two months after their marriage, he abandoned her and they eventually got divorced. He never filed a visa petition for her. Luckily, she met a U.S. citizen who became her husband. But she could not adjust status in the U.S. and was told to process her immigrant visa abroad. We filed for provisional waiver and it was granted.

Previous Lawyer Said She Can’t Adjust Status

She was the beneficiary of an employment-based petition in 2004. She waited for over 7 years for her priority date to become current. However, when she went back to her previous lawyer to file for adjustment of status she was told that she was not eligible because she had been unlawfully present and her petition did not qualify for Section 245(i). She retained us and she was able to adjust to permanent resident status in a few months.

Claimed To Be Single Although Already Married

She was petitioned as unmarried daughter of a U.S. citizen but she got married before her immigrant visa interview. When asked during her interview if she was still single, she answered yes. Her visa was denied. More than 20 years later her husband got his green card through the petition of his father. She applied for a visa as an accompanying spouse but she was denied because of her previous visa fraud. She retained us and filed a waiver based on extreme hardship of her husband and it was granted. Before her visa interview the petitioner died. She was granted her immigrant visa nevertheless.

Bigamous Marriage

He got married to his second wife without divorcing his first, so that when his third wife petitioned him his bigamous marriage was an issue. But he obtained his green card anyway.

Green Card Issued Despite Death of Petitioner

Two sisters were the beneficiaries of a relative petition filed by their father. Unfortunately, he died and their petitions were automatically revoked. We were able to revive their petitions and we got their green cards 4 months after they filed their adjustment applications.

Green Card in 9 Months for EB-5 Investor

An Indonesian student received a $500,000 gift from his mother and retained us to apply for his permanent resident status under the EB-5 investor program. Nine months after we filed his immigrant petition he obtained his green card. His mother was so happy that she asked us to do the same for her other son. Again, her other son got his green card in a matter of months.

Came Back to U.S. Despite Deportation Case

Her previous lawyer filed an employment-based petition and adjustment of status application concurrently and, because she got her employment authorization card as a result, her lawyer allowed her to let her H-1B status lapse.

Unfortunately, her adjustment of status was eventually denied and she was placed under deportation proceedings on the ground that she had been unlawfully present in the US for over a year.

She was forced to leave the US. Through our help, she applied for H-1B visa and waiver in the Philippines, and within a month from her departure from the US she came back with a valid H-1B status.

False Claim to U.S. Citizenship

Under the law a person who falsely represents himself to be a US citizen is barred from getting his green card.

But since he overstayed and was desperate for a job he told his employer that he was a US citizen.

He is now a true US citizen. We represented him in his adjustment of status application and later in his naturalization case.

Low Income Listed in Tax Returns

Petitioner filed an I-140 petition based on a labor certification. But the petitioner's tax returns showed a small income, so the USCIS asked the petitioner to explain her ability to pay the wage offered to the beneficiary from the time the labor certification application was filed. The USCIS accepted her explanation and applicant obtained her green card.

False Representation of Marital Status

Adjustment applicant obtained her green card although she misrepresented in her application for tourist visa that she was married.

Immigrant Status Reinstated

A husband's conditional permanent resident status was terminated and he was threatened with deportation due to failure to file his joint petition to remove the condition. He came to us and despite the long delay of five years and his long separation from his wife, we were able to have his permanent resident status reinstated.

Adjustment of Status Denied Twice

I-140 and I-485 applications were filed through an attorney on behalf of a nurse but were denied due to failure to submit certain requirements. She went to another lawyer who filed new I-140 and I-485 applications. Again, they were denied on the ground that she had been in unlawful status and was not lawfully admitted to the U.S. after she left the country prior to the second denial.

Feeling hopeless, she came to us for assistance. In less than a year, she finally got her green card.

Visa Petition Revoked Due to Fraud

A 51-year old citizen filed an I-130 petition for his 22-year old wife in the Philippines. The petition was approved. At her interview, she executed a sworn statement admitting that her marriage to the petitioner was for immigration purpose. As a result, the approved petition was revoked. The Regional Service Center in California concluded that the evidence submitted in response to its notice of intent to revoke was insufficient to overcome the beneficiary's statement.

We appealed the case to the Board of Immigration Appeals and our appeal was sustained. The beneficiary obtained her immigrant visa.

Physician Found Deportable But Got Her Green Card

A foreign medical graduate was found to be deportable by an immigration judge for remaining in the US longer than was permitted. She applied for adjustment of status but the judge held that she was subject to the two-year foreign residence requirement and had not obtained a waiver of the requirement. On appeal we argued among other things, that she qualified as a special immigrant and was eligible for adjustment of status without regard to the two-year foreign residence requirement. The Board of Immigration Appeals sustained our appeal and she eventually obtained her green card.

Inability to Submit Evidence

A permanent resident petitioned for her spouse. The US Embassy in Manila refused to process the immigrant visa application of her spouse until she submitted evidence of her lawful entry into the US and of her lawful status from her entry to her adjustment of status. Her lawyer communicated with the US Embassy for several years but no interview was set.

We took over the case and in a few months, she was granted her immigrant visa.

Incriminating Evidence in His Luggage

A Filipino doctor stated at the time of her entry into the US that he was only visiting a friend. When his baggage was searched, the INS officer found his US social security card, his California driver's license and a US bank deposit slip. Upon further questioning, he admitted that his wife and children were in the US and that they had remained beyond the period allowed.

During the exclusion proceedings, we successfully argued that his entry was not fraudulent and that the misrepresentation alleged by the INS was not sufficient to bar his entry.

Preconceived Intention

The wife of a Japanese businessman admitted in a sworn statement when she entered the US that she didn't know how long she would stay and that she also planned to live in the US with her two children who were American citizens. She was asked to appear in an exclusion proceedings. Through our representation, she was allowed to enter the US as a tourist and stay for several months. She eventually obtained her green card.

U.S. Senator Declined to Help

An H-1 petition was approved on behalf of a cost accountant. At his interview in Manila, the US consul refused to issue the visa due to alleged fraud and misrepresentation committed by the alien and recommended to the INS that the petition be revoked.

The petitioner sought the assistance of a US senator but the senator declined to help upon learning of the beneficiary's alleged immigration violations.

Through our representation, the H-1 approval was not revoked, and he was able to come to the US on an H-1 visa.

Approved One Day Before Her Child Turned 21

Two days before her son turned 21, a nurse was informed by the Vermont Service Center that she needed to submit certain documents before her adjustment of status could be adjudicated. Through our help, she was able to submit those documents the day before and her adjustment of status application and that of her son were approved on the spot.

Excluded on Medical Grounds

The stepchild of a US citizen was informed by the US Embassy in Manila that she could not get her immigrant visa on medical grounds. So she had to file for a waiver of excludability. One month before she turned 21, the US Embassy in Manila asked her to submit a statement to be completed and signed by an approved facility in the US which would then send the forms to the petitioner who in turn would re-submit the form to the Center for Disease Control in Georgia (which had previously reviewed and signed Part I of the said form). The CDC office in Georgia would then review and approve the form and return it to the US Embassy in Manila. Through our help the requirement was submitted in time, before the stepchild turned 21 and she got her immigrant visa.

L-1 for VP of New Company

The marketing vice president of a foreign furniture company was transferred to New York to be the president and general manager of a newly-formed subsidiary in New York. His B-1 status was successfully converted to L-1, intra-company transferee.

Exemption from Labor Certification Due to National Interest Waiver

A pediatrician in New Jersey was granted a national interest waiver even without a commitment of working in the area for a certain period. He bypassed the labor certification step and shortened his green card processing by at least two years.

H-1B Even Without Degree

A junior architect who did not complete his architectural degree in a foreign country qualified as a specialist for H-1B visa by combining his education with his five-year experience.

H-1B As Teacher Even Without Teaching Degree

A recent graduate with a major in international studies qualified for H-1B status as a kindergarten teacher.

E-1 for Newly-Appointed Executive

A business executive who entered the US on a B-1 visa was informed after remaining in the US for several months that she was being appointed as the president of her company's subsidiary in the US. Her B-1 status was successfully converted to E-1 or treaty trader.