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Our client received a decision denying his request for naturalization based on allegations that he failed to continuously maintain lawful immigration status since initial entry. Specifically, Service found that the applicant worked at unauthorized locations during his employment with a Petitioner whose owner/CEO pled guilty to visa fraud. We filed an “appeal,” Request for Hearing on Naturalization, arguing that employees of the aforementioned company had no knowledge of the visa fraud scheme and were without fault.

USCIS denied our client’s Form I-485, alleging that the applicant failed to demonstrate eligibility for adjustment of status because a final disposition regarding a criminal charge under India’s Dowry Laws was not provided. We responded by clarifying to Service the particular facts of this case, and noting that mere criminal accusations without a conviction are not grounds for permanent residence eligibility.

We recently filed an application for an EAD based on compelling circumstances for a client with a serious, debilitating medical concern. The applicant was on an H-1B status. We provided a petition to USCIS outlining the applicant’s medical history and the ongoing treatment that showed the progression of his illness, which limited his ability to perform his job duties. He was initially placed on short-term disability but as the condition progressed, it was necessary for applicant to be placed on long-term disability.

We filed a Form I-140 petition for a professional cricketer in the EB1A category. This immigration preference category is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. After receiving an RFE questioning the applicant’s eligibility, we responded with documentation evidencing that the applicant has a level of expertise indicating that he is one of that small percentage who have risen to the very top of the field of endeavor.

Our client received a request for evidence, questioning its ability to pay all beneficiaries it petitioned for. We reviewed the company’s tax returns and other relevant financials, and demonstrated to USCIS that the unique totality of circumstances of this particular employer warranted approval. We furnished evidence, including information about the company’s background, its activities and ongoing contracts, and commentary, analyzing the entity’s cash flow metrics, in support. The case was approved after three months.  

Applicant sought out our firm after receiving a misrepresentation finding against him at the consulate for visa stamping. We reviewed his file and were unable to ascertain any factual basis for the fraud/misrepresentation finding.  We began directly corresponding with the consulate, and requested information from various government agencies In addition, we consulted with The Office of Visa Services (Visa Office) within the Department of State’s Bureau of Consular Affairs .

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 recently filed an application for an EAD based on compelling circumstances for a client with a major medical concern. The applicant was on an H-1B status. We provided a petition to USCIS outlining the applicant’s medical history and the ongoing treatment that showed the progression of his illness, which limited his ability to perform his job duties. He was initially placed on short-term disability but as the condition progressed, it was necessary for applicant to be placed on long-term disability.