We represented a United States petitioner and his spouse on a denial of an I-130 petition. The petition was denied because USCIS in Miami found that the beneficiary had entered into a previous marriage and they determined that the previous marriage was entered into solely for immigration benefits. The petition was denied under INA law 204(c). We appealed to the Board of Immigraton Appeals arguing that the District Director did not show that the evidence in the case supported this 204(c) finding. The Board of Immigration Appeals agreed with our argument and remanded the case back to USCIS for further processing and a new decision.
Same-sex Marriage Green Card Petition
Case granted. Green Card issued.
A couple was referred to our firm by very close friends who had used our services in the past. The two gentlemen had met many years earlier while mutually “liking” a comment on Facebook. Eventually they decided to meet in person, even though one of them lived in the United Kingdom. They had their first date in Orlando, Florida where they enjoyed the sunshine and fun provided by Walt Disney and friends.
They started a long distance relationship with a few further visits overseas. When the Defense of Marriage Act (DOMA) was finally repealed last summer, they eventually decided they could no longer be apart and wanted to legally marry. It was also decided that they would reside in the United States, so that meant a same-sex marriage petition filed by the United States citizen husband.
Once they were married, we immediately filed the I-130 and I-485 simultaneously. Once fingerprinted, the work authorization card arrived shortly afterwards. It was a very short time after that when the final interview date was scheduled. We prepared the couple for the interview by reviewing the original documents and additional evidence we would be providing at the interview.
Upon our instruction they had assembled a vast array of photographs and memorabilia depicting their relationship. Because the couple were friends of past clients and had specifically requested a certain attorney at our firm to accompany them to the interview, our attorney flew to South Florida from New York in order to attend. We were confident that the interview would be a success.
We submitted an amended H-1B application on behalf of an IT specialist for a global company. This case was extremely complicated, and involved a mistake made on the part of a previous attorney who miscalculated the H eligibility time left for an Indian national. This mistake caused both the individual and the company great distress as they were under the impression he was out of H time and his PERM had not yet been filed, meaning he would have to return to India. After a careful review of his entire immigration history and all travel, we discovered he in fact had another five years of H time left, and had reset his six year clock twice in the last ten years!
The previous attorney completely missed this and almost cost him his ability to continue to work in the United States. The amended petition was approved and the individual now works for the company with the proper validity period he is entitled to. We now can start the PERM process for this company stress free!
We submitted an H-1B application for an IT specialist on behalf of a global company. The IT specialist was an Indian national. The case required a careful examination of the applicants H-1B history and assurance he was eligible for the time requested. The application was approved. The IT specialist is now working for the company.
We submitted an H-1B application for a Financial Analyst on behalf of a global company. The applicant was a Chinese national who was reaching the end of her 6th year of H-1B status. We were able to get the PERM application approved, the I-140 approved, and the 3 year H-1B extension approved for the applicant all within a twelve month period. The company can now can continue to employ the individual in H-1B status until she is eligible for her adjustment, worry free!
U Visa Granted
Our client is a citizen of the United Kingdom. While in the United States and living with a United States citizen boyfriend, she was physcially abused by the boyfriend. Our client required hospital treatment. We filed a U visa package for our client and demonstrated that she was, in fact, abused and that she cooperated with the prosecution of the perpetrator.
The U visa was granted and our client will be eligible to apply for a Green Card in three years.
B-2 Tourist Visa Granted
Our client, a 38 year old Colombian National who was denied a B2 visa at the age of three when his father applied for him and again on his own at the age of 31. He is not married and has no children and is the manager of an information technology business. He has been a member of Colombian Jewish organizations for over fifteen years and even served as a coordinator, organizer and president for a few of them. He is most involved in Maccabi Colombia which promotes athletic-based activities for Jewish athletes to compete in the Maccabiah games. The purpose of his trip was to attend the Maccabiah games in the U.S. and to attend a friend’s wedding.
After submitting a comprehensive package for him to the consulate addressing 214b concerns, our client was granted a tourist visa.
U Visa Granted – Miami Immigration Lawyer
U Visa Granted
Our client, a national of the United Kingdom, was the victim of domestic violence by her then-boyfriend. She was punched in the face and suffered injuries.She was transported to university hospital. We applied for a U visa for her to the Vermont Service Center and her U visa as granted. She will be able to apply for a Green Card in 3 years.
Same-Sex Marriage Through Parole in Place for Military Families
I-360 Approved after Parole-in-Place Approval
Our client entered the United States without inspection. His United States citizen spouse served in the military. We were able to obtain a parole-in-place which allowed him to apply for his green card through marriage to the United States citizen spouse.
We filed an I-130 family based petition, however, before the petition could be approved, his spouse passed away. The I-130 petition converted to an I-360 widower petition.
We were able to get the I-360 petition approved.
I-751 – Removal of Conditions
We were retained to represent a woman from Serbia, which was part of the former Yugoslavia. She studied in the United States for many years and had attained an advanced degree in Engineering. She met her husband, who had originally emigrated from Serbia, but had already become a United States citizen. The couple had separated prior to their two year anniversary so when we filed the I-751, Petition to Remove the Conditional Status of her Residence, we had to file a waiver, due to the divorce. The interesting and challenging aspect of this particular case was that the couple never officially lived together. They met at a resort town where the husband worked, but our client was not able to find employment in the same location. We had to provide evidence that they tried to work out their long distance relationship by submitting copies of airline tickets and itineraries documenting the extensive commuting that the two undertook in order to salvage their relationship. We did not have the usual evidence such as a lease agreement or mortgage, utility bills or joint bank account statements. The main evidence we submitted was photos taken during their times together, affidavits from family and friends and affidavits from each of them. Once we submitted the package, we were given an interview approximately a month later.
Happily our client was granted Lawful Permanent Resident status at her interview. The immigration officer at USCIS examined the evidence we submitted in addition to asking our client questions describing the marriage and its ultimate demise. The officer was satisfied, based on the evidence and the testimony presented that our client had entered into her marriage for love and not for immigration purposes. In less than three years our client will be able to apply for citizenship.