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Immigration Success Stories – INA 212(a)(7)(A)(i)(I) and INA 212(a)(7)(A)(i)(II)

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Immigration Success Stories – INA 212(a)(7)(A)(i)(I) and INA 212(a)(7)(A)(i)(II)

When a foreign national tries to enter the U.S., CBP can deny the entry if CBP believes the foreign national intends to remain in the US permanently but does not have a dual intent nonimmigrant visa nor an immigrant visa. CBP can either allow the foreign national to withdraw the application or order expedited removal which carries a five year ban.  CBP can apply additional penalties as they deem applicable.  Let’s highlight two recent successful cases where we were able to remove these charges from our client’s records.

  1. In February 2023, our client from India informed us that he was previously refused entry to the US under INA 212(a)(7)(A)(i)(I), removed pursuant to 235(b)(1), and was also charged with fraud under INA 212(a)(6)(C)(i).  He told us that this happened more than 10 years prior and that some other lawyers said that nothing could be done to fix it.  Apparently, back in 2012, he and his wife tried to enter the US as tourists but in different traveling parties and CBP thought they were trying to hide the fact that they were together to increase their chances to enter the US successfully.

    We filed our client’s appeal in April of 2023 and heard back just two months later that we had won the case.  The five year ban from the removal had expired on its own since it had been so long since the incident but we were able to get the fraud charge cleared and since our client had immigrated to Canada several years prior, he was able to enter the US without applying for a visa and the INA 212(a)(7)(A)(i)(I) determination was no longer an issue.
  2. Another client came to us in March 2023 and told us that because she previously attended Silicon Valley University, CBP refused to allow her entry to the US as an H1B holder.  CBP cancelled her H1B visa, refused her entry pursuant to INA 212(a)(7)(A)(i)(I). CBP used their authority under INA 235(b)(1) to perform an expedited removal and barred her from returning to the US for 5 years.  After spending a significant amount of time to build a strong case, we were able to file her appeal in May of 2023. We heard back in July 2023 that we won her case and she was instructed to apply for a new H1B visa.  We assisted her with her visa interview, got her visa approved, and she was able to reenter the United States to reunite with her family.

Do you have a similar inadmissibility problem?  If so, contact our office and we’ll see if we can correct it for you.

How Many Citations Needed for EB1?

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How Many Citations Needed for EB1?

Criteria for Demonstrating Extraordinary Ability

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

Many applicants are concerned about their low citation counts.  In reality, citations are only helpful in regards to one of the ten listed criteria – original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.  In many fields where publications are not the norm such as in IT or management professions, citations are completely irrelevant and in other scientific or academic fields like Economics, Business, Computer Science, or Mathematics, they are very hard to come by.  It is very normal for Economics papers to have no citations or be in the low single digits.  This is ok and is not fatal to an EB1 case.  It simply means that we need to identify other criteria on the list to get your case approved.  We have handled hundreds of self petitioned green card such as EB1 and know what USCIS wants to see in order to approve a case.  Over the past 15+ years we have successfully helped clients obtain EB1 green cards in software, engineering, speaking, business, consulting, acting and other fields where the applicants had none to very few citations.  There are many ways to make a strong case without a strong citation record.  For your reference, here are some samples of our approved petitions.  If you’d like our help, please feel free to call us at 305 515 0613 or email us at info@messersmithlaw.com.  

Texas Service Center Operations

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In a recent question and answer session, the Texas Service Center (TSC) has made some revelations regarding how they process certain immigrant and nonimmigrant petitions.

  • Motion to Reopen; Motion to Reconsider; Appeals

When filing a motion to reopen or reconsider, the officer who originally made the decision to deny the underlying case will decide the motion.  If the offier decides to deny the motion, the decision will be reviewed by a supervisor.  Where an appeal is made, the TSC will not reopen or reconsider where the Service believes it made a correct decision but will forward the appeal to the AAO.

  • Petition Denials without RFE or NOID

When an officer decides to deny a petition without sending a request for evidence or notice of intent to deny, that offier’s decision must reviewed by two supervisors before the denial notice will be issued.

  • Notice to Appear Issuance upon I-485 Denial

Generally, the TSC will wait 30 days after issuing an I-485 denial before dispatching a notice to appear (NTA).  This 30 day period provides the Applicant with an opportunity to appeal the denial before being sent to removal proceedings.