I-485 NOID Successful Case: Overcoming Challenges of Unauthorized Employment

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Our client, holding an H1B visa status, faced a significant challenge with a pending I-485 application. He received a Notice of Intent to Deny (NOID) due to unauthorized employment when he applied for OPT. During this period, he was associated with AZ Technology LLC and had submitted a resume indicating his employment with them. USCIS suspected fraud and misrepresentation in this case and also hinted at the potential revocation of his approved I-140.

The client was partially at fault, as he remained with AZ Technology LLC for some time after discovering the company’s fraudulent activities. This added complexity to the case, as he did not immediately leave the employer due to the lack of an alternative job.

Despite these challenges, we developed a strategic legal response to the NOID. Our approach successfully addressed USCIS’s concerns, leading to the approval of the I-485 application.

If you are facing a similar situation and need assistance, please contact us at 305-515-0613 or info@messersmithlaw.com. We’re here to help.

I-612 J1 Hardship Waiver Successful Case: Overcoming the Two-Year Home Country Requirement

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Our client, a Fulbright scholar from Norway, faced a significant challenge due to the two-year home country requirement under 212(E). While in the U.S., he met and married his wife, who suffers from anxiety and minor depression. She is employed and attending university in the U.S. If he had to return to Norway to fulfill his two-year requirement, it would have caused considerable hardship for his wife in various aspects of her life.

Upon taking the case, we collaborated closely with our clients to meticulously document the hardships and gather supporting evidence. Our comprehensive approach convinced USCIS of the significant hardship, resulting in a favorable recommendation to the State Department. Both the State Department and the Fulbright program concurred with our assessment and approved the waiver.

Contrary to common belief, it is not necessary to have a U.S. citizen child to obtain a hardship waiver. Although the J1 hardship waiver is notoriously difficult to secure, we have successfully obtained approvals for many clients, including Fulbright scholars.

If you need assistance with a similar case, please contact us at 305-515-0613 or info@messersmithlaw.com. We are here to help.

INA 212(a)(7)(A)(i)(I) Expedited Removal Successful Case: Overcoming a 5-Year Entry Bar

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Our client, a successful businessman from the UK, faced a significant hurdle when he was refused entry to the U.S. and barred for five years. The Customs and Border Protection (CBP) believed he had failed to properly disclose a misdemeanor from 25 years ago that had been expunged. Despite having traveled to the U.S. numerous times for business and pleasure without any issues, this incident resulted in a directive from the CBP to apply for a different visa after the five-year period to conduct business in the U.S.

Understanding the urgency and importance of frequent travel to the U.S. for his business, he reached out to us for assistance.

We promptly engaged with CBP in an effort to remove the five-year bar. After persistent efforts and coordination with two different CBP offices, we successfully had the bar lifted. Subsequently, we assisted the client in obtaining an L1 visa, which we determined to be more suitable for his business needs.

If you are facing a similar situation and need our help, please contact us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

LCA Errors that can Lead to H1B Visa Refusals and INA 212(a)(6)(C)(i) Inadmissibility Determinations

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Errors made by the visa applicant in regards to the Labor Condition Application (LCA) can cause significant problems and potentially jeopardize their chances of obtaining an H-1B visa. It’s crucial to avoid common mistakes that can lead to visa denials and inadmissibility determinations under INA 212(a)(6)(C)(i). Here are some frequent errors and their implications:

Misrepresenting the Terms of the Job Offer: Visa applicants must accurately represent the terms of the job offer in the LCA, including job duties, salary, and working conditions. Any misrepresentation can be considered fraud, leading to a visa denial. It’s essential to provide truthful and precise information to avoid accusations of misrepresentation.

Failing to Comply with the Prevailing Wage: The Department of Labor mandates that H-1B visa holders must be paid the prevailing wage for their job. If an applicant is paid less than the prevailing wage, it violates the LCA and can result in a visa denial. Ensuring compliance with wage requirements is critical to maintaining legal status.

Failing to Disclose Previous Immigration Violations: Visa applicants must disclose any previous immigration violations, such as overstays or unauthorized employment. Failing to disclose such violations can be considered fraud and result in a visa denial. Full transparency regarding immigration history is vital to avoid complications.

Failing to Comply with the Terms of the Visa: H-1B visa holders must adhere to the terms of their visa, including maintaining status, working only for the employer listed on the LCA, and not engaging in unauthorized employment. Non-compliance can lead to visa denial or revocation of visa status. Adhering strictly to visa terms helps ensure continued legal status in the U.S.

Failing to Notify the Department of Labor of Changes: Any changes to the job offer terms, such as job duties, salary, or working conditions, must be reported to the Department of Labor. Failure to report these changes can result in LCA violations and visa denial. Keeping the Department of Labor informed of any job-related changes is crucial.

If an H-1B visa applicant is accused of fraud under INA 212(a)(6)(C)(i), it’s imperative to take immediate action. Here are steps to potentially resolve the situation and overcome fraud accusations:

  1. Contact Us Immediately: Call us at 305-515-0613 or email us at info@messersmithlaw.com. Our experienced immigration attorney, with over 20 years of experience, can review your case and advise on the best course of action.
  2. Gather Evidence: We will help you gather evidence to refute the fraud allegations, ensuring you have a strong case.
  3. Cooperate with Authorities: We will guide you on how to cooperate fully with authorities, including attending interviews or providing additional documentation as requested.

If you have been accused of fraud or misrepresentation due to a misunderstanding involving your LCA, contact our office through our website or give us a call at 305-515-0613. We look forward to helping you win your case, as we have for thousands of other clients.

Employment green card Interview

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USCIS may request that you appear at a USCIS office for an interview based on your petition. Interviews are typically mandatory for any type of immigrant violation or criminal issue. Here are a few examples of interviews we have attended with our clients, showcasing the diverse challenges and successful outcomes we’ve achieved.

Client 1 was from China and had previously been a member of the Communist Party but forgot to disclose this information when filing the I-485. At the interview, we were able to rectify the situation, and the case was approved.

Client 2 was on OPT, but the company he was working for defrauded him and did not provide any work as agreed. We clarified the issue during the interview, and USCIS approved the case.

Client 3 was charged with shoplifting, which could potentially result in a finding of a crime involving moral turpitude under INA 212(a)(2)(A)(i)(I). We provided additional evidence to avoid this finding, and the green card was approved.

Client 4 was refused B1/B2 entry once under INA 212(a)(7)(A)(i)(I), resulting in removal and a five-year bar on reentry. We explained the circumstances to the officer, cleared up several issues, and secured the green card approval.

Client 5 was on an H1B visa, but his work location was different than what was indicated in the I-129 filing, resulting in an RFE. We responded to the RFE, clarifying the situation, and the case was approved.

Client 6 entered the U.S. on an L1 visa, but USCIS suspected a misrepresentation issue under INA 212(a)(6)(C)(i) on his DS-160. USCIS was correct, so we filed a waiver, which was approved along with his green card.

These examples illustrate the types of issues that might lead to a USCIS interview. If you are concerned about your upcoming interview, please contact us at 305-515-0613. We can help you prepare and develop a strategy to win your case.

Marriage Green Card Interview

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When a U.S. citizen files an I-130 petition for their foreign spouse, USCIS will conduct an in-person interview after reviewing the case. Before the interview, the officer will have thoroughly examined the foreign national’s immigration history and both parties’ backgrounds. Both the petitioner and the spouse must appear for the interview.

During the interview, the officer will review all documentation with both parties and address any issues or require clarifications. For example, there might be conflicting information provided in the applicant’s visa application and I-485 application. The officer may also have noted missing information deemed important. The primary goal of the interview is to test whether the relationship is bona fide. The officer may separate both parties into different rooms and ask the same questions. If the answers do not match, the officer can issue a request for more evidence or a notice of intent to deny.

It’s crucial to be well-prepared for the interview. Our attorney has helped many clients successfully navigate their interviews. Some cases were incredibly complex and initially seemed unwinnable, but we have achieved successful outcomes in numerous challenging situations.

If you are concerned about your upcoming interview, please contact us at 305-515-0613. We can help you prepare and develop a strategy to increase your chances of success.

Securing a Fulbright J-1 Waiver: A Successful Case with the U.S. Department of Energy

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Navigating the complexities of securing a Fulbright J-1 waiver through the Interested Government Agency (IGA) category can be daunting, but our client’s journey with the U.S. Department of Energy (DOE) showcases the power of perseverance and expert legal guidance. Our client, a distinguished researcher in renewable energy, faced the two-year home residency requirement, which threatened to interrupt his groundbreaking work in the United States. Determined to continue his contributions to the energy sector, he sought our assistance in obtaining a J-1 waiver.

Our legal team meticulously crafted a compelling case, highlighting the significant impact of our client’s research on national energy initiatives. We worked closely with the DOE to secure their interest and support, emphasizing how his continued work in the U.S. would align with their strategic goals. By gathering extensive documentation, including letters of support and detailed descriptions of his research projects, we demonstrated his exceptional value to the national interest.

After a rigorous review process, our client’s J-1 waiver was successfully approved through the Interested Government Agency category. This success allowed him to remain in the United States and continue his vital research without interruption. Our client’s story is a testament to the importance of tailored legal strategies and the potential to achieve favorable outcomes even in complex cases. His victory not only advanced his career but also contributed to the ongoing advancements in renewable energy, proving that with the right support, overcoming the challenges of a J-1 waiver is attainable.

Do you have a similar case or one that seems hopeless? Don’t be discouraged. We have successfully handled many complex cases. If you are facing a similar inadmissibility issue, contact us by phone at 305 515 0613 or email us at info@messersmithlaw.com.

Overcoming an INA 212(a)(2)(D)(i) Charge: A Victory for Our Client with an OnlyFans Account

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When our client was charged with INA 212(a)(2)(D)(i) for alleged involvement in prostitution due to her OnlyFans account, her dreams of living in the United States seemed shattered. The Consulate’s determination not only threatened her immigration status but also unjustly tarnished her reputation. Seeking justice and the chance to clear her name, she turned to our law firm for expert legal assistance.

Our legal team immediately recognized the importance of addressing the misconceptions and biases surrounding her case. We conducted an in-depth review of her OnlyFans content and financial records, demonstrating that her online presence was a legitimate and legal means of self-expression and income. Our strategy involved gathering evidence to highlight the distinction between consensual adult content creation and illegal activities. We also provided a thorough legal analysis, emphasizing the misapplication of INA 212(a)(2)(D)(i) in her situation.

Through rigorous preparation and persuasive representation, we successfully appealed the Consulate’s determination. The appeal process was challenging, but our client’s courage and our dedicated efforts led to a favorable outcome. The charges were overturned, allowing her to pursue her dreams in the United States without the shadow of unfounded allegations. This success story highlights the importance of skilled legal advocacy and the power of challenging unjust determinations, demonstrating that with the right support, it is possible to overcome even the most daunting immigration obstacles.

Do you have a similar case or one that seems hopeless? Don’t be discouraged. We have successfully handled many complex cases. If you are facing a similar inadmissibility issue, contact us by phone at 305 515 0613 or email us at info@messersmithlaw.com.

Securing EB-1 Extraordinary Ability Approval Without Citations or Publications: A Successful Case

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Achieving an EB-1 approval for extraordinary ability without citations or publications is a rare feat, but with the right legal strategy, it is possible. Our client, a talented and innovative entrepreneur, faced this exact challenge. Despite having no formal citations or academic publications, his groundbreaking work in the technology sector had significantly impacted the industry. Determined to secure his future in the United States, he turned to our firm for expert guidance.

Our legal team meticulously crafted a compelling case, focusing on the unique aspects of his career that demonstrated his extraordinary ability. We highlighted his numerous patents, awards, and recognition within the industry, along with his role in pioneering cutting-edge technologies. We were able to build a robust case that showcased his exceptional talent and influence.

After a thorough review process, our client’s EB-1 petition was approved, despite the absence of traditional academic citations and publications. This success story is a testament to the importance of personalized legal strategies and the ability to think outside the box. Our client’s journey proves that extraordinary ability can be recognized in various forms and that with the right legal support, achieving an EB-1 visa is possible even under unconventional circumstances.

Do you have a similar case or one that seems hopeless? Don’t be discouraged. We have successfully handled many complex cases. If you are facing a similar inadmissibility issue, contact us by phone at 305 515 0613 or email us at info@messersmithlaw.com.

Triumphing Over an INA 212(a)(3)(A) Determination: A Journey to Justice

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When our client received an INA 212(a)(3)(A) determination from the Consulate, accusing him of engaging in espionage and other activities against the United States, his future seemed bleak. This determination barred him from entering the country, threatening his career and the life he had built with his American spouse. Desperate to clear his name and reunite with his family, he sought our expertise to navigate this complex and intimidating legal challenge.

Our team immediately recognized the gravity of the situation and the need for a meticulous and strategic approach. We began by conducting an exhaustive review of the evidence presented by the Consulate, identifying several key areas where the accusations lacked substantiation. Our legal strategy focused on discrediting the allegations by presenting compelling evidence of our client’s legitimate professional activities and his unwavering loyalty to the United States. We gathered an extensive array of documentation, expert testimonies, and character references to build a robust case for his appeal.

After months of rigorous preparation and persistent advocacy, we successfully overturned the INA 212(a)(3)(A) determination. The appeal process was challenging, but our client’s determination and our team’s dedication paid off. The Consulate ultimately recognized the baseless nature of the accusations, allowing our client to enter the United States and continue his life with his family. This success story highlights the critical importance of skilled legal representation and the power of a well-prepared appeal in overcoming even the most daunting immigration obstacles.

Do you have a similar case or one that seems hopeless? Don’t be discouraged. We have successfully handled many complex cases. If you are facing a similar inadmissibility issue, contact us by phone at 305 515 0613 or email us at info@messersmithlaw.com.