Green Card

Top 5 Reasons EB-1 Green Card Applications Get Denied And How to Avoid Them

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The EB-1 Green Card is one of the fastest and most prestigious US immigration options for individuals with extraordinary ability, multinational executives, or outstanding professors and researchers. But despite strong qualifications, many EB-1 petitions are denied. Understanding the top reasons EB-1 green card applications get denied and how to avoid them can significantly increase your chances of success.

Below are the most frequently asked questions (FAQs) about EB-1 denials and strategies to prevent them.

What Are the Top 5 Reasons EB-1 Green Card Applications Get Denied?

  1. Weak Evidence of Extraordinary Ability
    • USCIS requires detailed documentation. Simply having achievements is not enough, they must be proven with strong evidence such as press articles, contracts, or industry recognition.
  2. Failure to Meet Three Criteria
    • For EB-1A, you must meet at least three of the ten criteria (judging, membership, high salary, leading role, etc.). Many applicants fail to document them correctly.
  3. Problems with the Final Merits Determination
    • Even if you meet three criteria, USCIS applies a final merits analysis. If they don’t believe your career demonstrates sustained acclaim, they may deny the case.
  4. Inconsistencies or Misrepresentation
    • Discrepancies in resumes, employment history, or prior visa applications can trigger INA §212(a)(6)(C)(i) misrepresentation findings and result in denial.
  5. Poor Legal Strategy or Self-Filing
    • Many applicants file pro se (without an attorney) and underestimate how USCIS scrutinizes EB-1 cases. Weak legal arguments or disorganized evidence presentation often lead to denials.

Can I Reapply After an EB-1 Denial?

Yes. Many applicants succeed on a second filing, especially when they work with an experienced EB-1 lawyer. A denial does not bar you from reapplying, but you must strengthen your evidence and address USCIS concerns.

How Can I Avoid an EB-1 Denial?

  • Work with an experienced EB-1 attorney.
  • Collect comprehensive evidence for at least 4–5 criteria (not just 3).
  • Prepare a strong legal brief explaining why your work has national or international significance.
  • Ensure all documents are consistent with your past immigration history.
  • Anticipate USCIS’s final merits determination and build arguments accordingly.

What If My EB-1 Was Already Denied?

You have options:

  • Motion to Reconsider (MTR) if USCIS made an error in applying the law.
  • Motion to Reopen (MTR) if you have new evidence.
  • Appeal to the AAO if the denial was based on a misinterpretation.
  • Refiling a stronger petition with additional evidence.

Should I Hire a Lawyer for My EB-1 Green Card?

Yes. EB-1 is one of the most heavily scrutinized green card categories. USCIS officers are trained to challenge evidence, and without a carefully crafted petition, even qualified applicants get denied. we can:

  • Identify the strongest criteria for your case.
  • Organize evidence to meet USCIS standards.
  • Draft persuasive legal arguments.
  • Prevent mistakes that often lead to denial.

Don’t Risk a Denial. Let Us Fight for Your Green Card

The EB-1 green card offers a fast path to permanent residence, but denials are common when petitions lack strategy or strong evidence. By understanding the top 5 reasons EB-1 applications get denied and working with an experienced EB-1 lawyer you can significantly improve your chances of approval.

If you’ve received a denial or are preparing your EB-1 petition, contact us today at 305-515-0613 or email info@messersmithlaw.com. We have successfully helped thousands of clients secure EB-1 approvals, and we can help you too.

I-485 Notice of Intent to Deny (NOID): What It Means and How to Respond

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Filing Form I-485, Application to Register Permanent Residence or Adjust Status, is one of the most important steps toward getting a US green card. But sometimes, instead of an approval, applicants receive a Notice of Intent to Deny (NOID). If you received an I-485 NOID, don’t panic. It’s not a denial yet, but it does mean USCIS has found serious issues with your case. Responding properly can make the difference between approval and denial.

Below are the most frequently asked questions about the I-485 NOID and how to handle it.

What Is an I-485 NOID?

An I-485 Notice of Intent to Deny is a letter from USCIS informing you that they plan to deny your green card application unless you can provide new evidence or legal arguments within a short timeframe (usually 30 days). Unlike a Request for Evidence (RFE), which means USCIS needs more information, a NOID means USCIS believes your case is not approvable as it stands.

Why Did I Receive a NOID on My I-485?

Common reasons for an I-485 NOID include:

  • Alleged marriage fraud or insufficient proof of a bona fide marriage (for marriage-based green cards).
  • Inadmissibility under INA §212, such as misrepresentation (212(a)(6)(C)(i)), unlawful presence (212(a)(9)(B)), or criminal grounds.
  • Employment history or status violations, especially if you overstayed or worked without authorization.
  • Public charge concerns, if USCIS believes you cannot support yourself financially.
  • Discrepancies or misrepresentation in your application or prior immigration filings.

How Serious Is an I-485 NOID?

Very serious. A NOID means USCIS is preparing to deny your green card application. If you do not respond or if your response is weak your case will almost certainly be denied, and you may even be placed into removal proceedings.

How Long Do I Have to Respond?

Typically, USCIS gives you 30 days from the date of the NOID to respond. This is a strict deadline. If you miss it, your I-485 will likely be denied automatically.

What Should I Include in My Response?

A strong NOID response should include:

  • Legal arguments citing immigration law, USCIS policy, and case precedents.
  • Supporting documents.
  • Explanations for discrepancies in your history or filings.
  • Mitigating evidence if inadmissibility grounds apply.

Can I Win My Case After a NOID?

Yes. We assisted many applicants successfully overcome a NOID with the right legal strategy. In fact, some of our clients received approvals after we prepared comprehensive responses with evidence USCIS could not ignore.

Should I Hire a Lawyer for an I-485 NOID?

Absolutely. An I-485 NOID is one of the last opportunities to save your green card application. Immigration law is complex, and a poorly prepared response can close the door on your case. As an experienced immigration law firm, we can:

  • Review USCIS’s allegations carefully.
  • Identify weaknesses in their reasoning.
  • Collect and organize persuasive evidence.
  • Draft a legal brief tailored to your situation.
  • Ensure your response is timely and complete.

Don’t Risk a Denial. Let Us Fight for Your Green Card

An I-485 Notice of Intent to Deny is not the end but it’s your final chance to save your green card application. If you’ve received a NOID, time is critical. Contact our office immediately at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We have successfully helped clients overcome NOIDs and secure their green cards, and we can help you too.

EB-5 Visa: How Investors Can Get a US Green Card Through the EB-5 Program

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The EB-5 Immigrant Investor Program is one of the fastest and most reliable ways to obtain a US green card for yourself and your family. By investing in the American economy and creating jobs, foreign investors can secure permanent residency and a path to US citizenship.

If you are considering the EB-5 program, here’s everything you need to know about EB-5 eligibility, investment requirements, processing, and how an EB-5 immigration lawyer can help you succeed.

What Is the EB-5 Visa Program?

The EB-5 visa was created by Congress in 1990 to stimulate the US economy through job creation and capital investment. It allows foreign nationals to invest in a qualifying US business or regional center project and, in return, receive lawful permanent resident status (a green card) for themselves, their spouse, and unmarried children under 21.

EB-5 Visa Requirements

To qualify for the EB-5 visa, you must meet specific requirements:

  • Investment Amount: $900,000 if the project is in a Targeted Employment Area (TEA), or $1,800,000 for non-TEA projects.
  • Job Creation: The investment must create at least 10 full time jobs for US workers.
  • Lawful Source of Funds: You must prove that your investment capital comes from legal sources such as salary, business profits, property sales, or inheritance.
  • At Risk Investment: Your funds must be “at risk” for the purpose of generating return and creating jobs.

EB-5 Visa Benefits

Choosing the EB-5 program has many advantages:

  • Green card for your whole family (spouse + children under 21).
  • No employer sponsorship required.
  • Live, work, or retire anywhere in the US.
  • Path to US citizenship after 5 years of permanent residency.
  • Education opportunities – Children can attend US schools and universities at resident tuition rates.

EB-5 Process Step by Step

  1. Select an EB-5 Project – Either invest directly or through a USCIS approved regional center.
  2. File Form I-526E – The EB-5 investor petition with USCIS.
  3. Conditional Green Card – If approved, you and your family receive 2-year conditional permanent residency.
  4. File Form I-829 – To remove conditions after proving job creation.
  5. Permanent Green Card – Once conditions are removed, you hold permanent resident status.

Common Challenges in EB-5 Cases

While the EB-5 program is attractive, many investors face challenges, including:

  • Proving lawful source of funds across international transfers.
  • USCIS Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
  • Delays due to visa retrogression (especially for China and India).
  • Complicated project structures with unclear job creation data.

This is why working with an experienced EB-5 immigration lawyer is critical to success.

How an EB-5 Immigration Lawyer Can Help

Our EB-5 attorneys guide investors through every stage:

  • Evaluating eligibility and investment options.
  • Preparing a strong source of funds report.
  • Filing Form I-526E and Form I-829 with complete documentation.
  • Responding to USCIS RFEs, NOIDs, or audits.
  • Protecting your family’s green card throughout the process.

Take Action Now to Secure Your Immigration Future

If you wish to pursue an EB-5 green card, contact us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. We will help you understand your options and take the right steps to secure your future in the United States.

NIW Success Stories: Real Life Examples of Successful NIW Cases: How We Helped Clients Win National Interest Waivers

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The National Interest Waiver (NIW) green card is one of the most powerful immigration options for professionals who can show that their work benefits the United States. Unlike other employment based categories, NIW applicants can self petition which means that they don’t need an employer to sponsor them.

USCIS carefully reviews whether the applicant’s work has substantial merit and national importance, whether they are well positioned to advance their field, and whether waiving the job offer and labor certification requirement is in the national interest.

At our firm, we’ve helped professionals from a wide variety of industries to secure NIW approvals even those who thought they would not qualify. Below are some of our NIW success cases.

NIW Success Case: Public Health Researcher

One client was an epidemiologist working on disease modeling and outbreak prevention. While she did not have a long list of publications, we demonstrated that her research was actively used by US public health agencies to improve emergency response. By highlighting real world impact rather than academic prestige, her NIW petition was approved, allowing her to continue her critical work in the US.

NIW Success Case: Renewable Energy Engineer

Another client, a mechanical engineer specializing in solar panel efficiency, was initially unsure he qualified because he did not hold a PhD. We proved that his innovations were already helping reduce carbon emissions and had been implemented in several US based projects. With strong recommendation letters and evidence of practical contributions, USCIS approved his NIW petition.

NIW Success Case: Financial Technology Specialist

A data scientist in the fintech industry developed AI models to detect fraud in digital banking. Even though his field was not traditionally associated with NIWs, we successfully argued that his work strengthened the US financial system and cybersecurity. His petition was approved and he is now advancing his career in the US.

NIW Success Case: Agricultural Scientist

We also represented an agricultural scientist who worked on developing drought resistant crops. By showing how his research contributed to US food security and was adopted by farmers in regions prone to drought, we convinced USCIS that his work served the national interest. We were able to secure approvals for both his NIW and green card.

How We Help Clients Win NIW Petitions

Our firm has built a strong track record of NIW approvals across diverse industries from healthcare and engineering to finance, education, and technology. We know how to:

  • Highlight the national importance of your work
  • Prove you are well positioned to continue making contributions
  • Frame your achievements in ways USCIS understands and values
  • Draft persuasive legal arguments and recommendation letters
  • Overcome obstacles like lack of publications or traditional recognition

Your Path to Approval Starts with the Right Legal Team

Every client’s story is different, but our NIW success stories show that approval is possible even in non traditional fields. What matters most is how your case is presented. With the right legal guidance, your skills and contributions can be recognized as being in the national interest of the United States.

If you’re considering an NIW petition or have been told you don’t qualify, don’t give up. Contact us today at 305-515-0613 or email info@messersmithlaw.com to discuss your case. Let us help make your NIW success case the next one.

Successful Cases for EB-1A Approvals for Engineers Working in the Oil and Gas Sector

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The EB-1A green card is one of the most sought after US immigration options for highly skilled professionals. Reserved for individuals with “extraordinary ability” in sciences, business, arts, education, or athletics, EB-1A allows applicants to self-petition without requiring a U.S. employer or job offer. For engineers in the oil and gas sector, obtaining EB-1A approval can feel daunting but many have successfully demonstrated their extraordinary ability through carefully documented achievements.

At our firm, we have successfully assisted many engineers through the EB-1A process and secured approvals, even in highly technical fields like oil and gas. Below we highlight some examples of successful strategies and outcomes for professionals in this industry.

Why EB-1A Is Challenging for Engineers

Unlike artists or athletes, engineers often don’t have obvious “public recognition” of their accomplishments. USCIS looks for evidence such as:

  • Major awards or recognition for contributions to the industry
  • Memberships in distinguished associations
  • Published research or patents that advanced technology
  • High-paying or critical roles in the industry
  • Contributions of major significance to the oil and gas sector

The key is to translate highly technical work into achievements that USCIS understands as extraordinary ability. That’s where legal strategy and presentation make all the difference.

Successful EB-1A Case Examples for Oil and Gas Engineers

Case 1: Petroleum Engineer with Industry Changing Safety Innovations

One of our clients was a petroleum engineer who had developed innovative safety protocols that were later adopted by several multinational energy companies. Although he had never won public awards, we demonstrated the industry wide impact of his contributions. USCIS approved his EB-1A petition, recognizing that his work had significantly improved workplace safety in oil and gas operations.

Case 2: Chemical Engineer with Patented Refining Technology

Another client, a chemical engineer, had co-developed patented refining technology that increased efficiency and reduced emissions. While his work was highly technical, we highlighted the environmental and economic significance of the technology and its adoption by multiple refineries. By framing his patents and industry recognition as evidence of extraordinary ability, we secured an EB-1A approval without requiring an employer sponsor.

Case 3: Offshore Drilling Specialist Recognized for Risk Management Expertise

A third case involved an offshore drilling engineer who had authored technical papers and served as a sought after consultant for reducing risks in deep water drilling. We used his publications, expert testimonials, and evidence of his leadership roles in global projects to establish his standing as a recognized authority. His petition was approved, allowing him to continue his work in the US energy sector as a permanent resident.

How We Help Oil and Gas Engineers Win EB-1A Green Cards

Our firm understands the challenges engineers face in meeting the EB-1A extraordinary ability standard. We specialize in:

  • Translating complex technical achievements into clear evidence USCIS understands
  • Gathering proof of industry impact and global recognition
  • Preparing persuasive recommendation letters from leading experts
  • Structuring petitions to highlight both technical expertise and real-world significance

With our guidance, engineers in the oil and gas sector have successfully achieved EB-1A approvals, securing their U.S. green cards and advancing their careers in one of the world’s most critical industries.

Secure Your Green Card. Contact Us Before It’s Too Late

If you are an engineer in the oil and gas sector considering an EB-1A green card, know that approval is possible with the right legal strategy. Even without awards or widespread publicity, your technical contributions can be framed as extraordinary achievements.

Contact our office today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll evaluate your profile, build a strong case, and help you take the next step toward permanent residency in the United States.

I-485 Denied for Criminal Record? What You Need to Know and How We Can Help

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Applying for a green card through Form I-485 (Adjustment of Status) is one of the most important steps in your immigration journey. But many applicants face a difficult roadblock: criminal issues. Even a minor arrest, misdemeanor, or past conviction can trigger serious problems, including a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or outright denial under INA 212(a)(2).

If you’re worried about whether your criminal record will affect your green card application, you’re not alone. This guide explains what types of crimes impact I-485 approval, what options are available, and how our law firm helps clients overcome these obstacles.

Does USCIS Check Criminal Records for I-485?

Yes. As part of your I-485 application, USCIS requires fingerprints and background checks through the FBI, Department of Homeland Security, and other law enforcement databases. Even expunged or dismissed cases can appear in these checks. That means hiding or failing to disclose past arrests can lead to denial for misrepresentation under INA 212(a)(6)(C)(i) and sometimes worse than the crime itself.

What Crimes Can Cause Green Card Denial?

Some criminal issues can make you inadmissible and lead to denial of your I-485:

  • Crimes Involving Moral Turpitude (CIMTs): theft, fraud, domestic violence, etc.
  • Controlled Substance Violations: drug possession, marijuana use, trafficking charges.
  • Multiple Criminal Convictions: two or more offenses with sentences adding up to 5+ years.
  • Aggravated Felonies: serious crimes like murder, rape, or major fraud.
  • DUI or Alcohol-Related Offenses: while not always a bar, multiple DUIs or DUIs with injury can cause denial.

Even arrests without conviction can raise red flags. USCIS officers often issue RFEs or NOIDs to demand police records, court documents, or proof that the case was dismissed.

Can You Still Get a Green Card With a Criminal Record?

Yes. In many cases, you can still succeed. Options include:

  • Criminal Waivers (Form I-601): Available if you can show extreme hardship to a US citizen or lawful permanent resident spouse, parent, or child.
  • Strong Legal Arguments: Demonstrating that your charge is not actually a CIMT or doesn’t trigger inadmissibility under immigration law.
  • Challenging Incorrect Findings: USCIS sometimes misinterprets state law. Our legal briefs have overturned many wrongful inadmissibility determinations.

Real Client Success Stories

  • Case 1: DUI and I-485 Pending
    A client was arrested for DUI while his I-485 was pending. USCIS issued a NOID citing concerns over public safety. We responded with strong legal arguments and evidence. His case was approved, and he received his green card.
  • Case 2: Theft Charge Dismissed, Still Denied
    Another client had a theft charge dismissed years ago, but USCIS still flagged it as a crime of moral turpitude. We successfully argued that dismissed charges cannot form the basis of inadmissibility. USCIS reversed its decision, and the green card was granted.

How We Help Clients With I-485 Criminal Issues

Our firm has extensive experience handling I-485 denials, RFEs, and NOIDs involving criminal records. We:

  • Review your case and identify the exact immigration consequences of your charges.
  • Collect crucial documents to build a defense.
  • Write persuasive legal briefs challenging USCIS misinterpretations.
  • File I-601 waivers when necessary to overcome inadmissibility.
  • Guide you step by step to keep your green card process on track.

Don’t Risk a Denial. Let Us Fight for Your Green Card

A criminal record does not automatically mean your I-485 will be denied, but it does mean you need a strong legal strategy. Many applicants succeed in overcoming these issues with the right approach and evidence.

If you’ve received an RFE, NOID, or denial on your I-485 due to criminal issues, don’t wait until it’s too late. Call us at 305-515-0613 or email info@messersmithlaw.com today. Let us fight to protect your immigration future and help you secure your green card.

Notice of Intent to Rescind Permanent Resident Status: What It Means and How to Respond

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For many immigrants, obtaining a green card (lawful permanent residence) is a dream come true. But sometimes, USCIS may challenge that status by issuing a Notice of Intent to Rescind (NOIR) Permanent Resident Status. This notice means the government believes your green card was granted in error or obtained through fraud or misrepresentation.

If you’ve received a Notice of Intent to Rescind, it’s critical to act quickly. Failing to respond can result in the loss of your permanent resident status and in some cases, removal proceedings.

What Is a Notice of Intent to Rescind (NOIR)?

A Notice of Intent to Rescind Permanent Resident Status is a formal notification from USCIS stating its intention to cancel your green card. Unlike simple RFEs or NOIDs, a NOIR goes after a benefit you already hold.

Common reasons USCIS issues a NOIR include:

  • Alleged fraud or misrepresentation Section INA 212(a)(6)(C)(i) in your original green card application.
  • Marriage fraud or insufficient proof of a bona fide marriage.
  • Discovery of criminal activity or ineligibility after approval.
  • Errors by USCIS in adjudicating your case.
  • Unlawful Immigration Status at Time of Filing (INA 245(c)(2)).
  • Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8)) .

What Happens If You Receive a NOIR?

When USCIS issues a NOIR, you will typically be given 30 days to respond. If you fail to respond or cannot overcome their concerns, USCIS may rescind your lawful permanent resident status.

Consequences may include:

  • Loss of your green card.
  • Being placed in removal (deportation) proceedings.
  • Inability to apply for naturalization (citizenship).
  • Future immigration complications, including inadmissibility.

How to Respond to a Notice of Intent to Rescind

Responding to a NOIR requires a strategic legal defense. Simply sending more documents is rarely enough you must directly rebut USCIS’s allegations with clear evidence and legal arguments.

Here’s how we strengthen responses for our clients:

  1. Analyze USCIS’s claims carefully – We identify the specific legal and factual issues in the NOIR.
  2. Gather targeted evidence – Depending on the specifics of the allegation
  3. Build a legal defense – We prepare a detailed attorney brief citing statutes, USCIS policy, and case law to show why rescission is not justified.
  4. Present a professional response – This will make it easy for USCIS to approve the case.

Success Stories

Success Story 1: OPT Employment & Findream Allegation

A permanent resident received a Notice of Intent to Rescind (NOIR) under INA §212(a)(6)(C)(i) because USCIS alleged misrepresentation in his OPT employment history with Findream. He came to us panicked, fearing deportation. We gathered strong evidence and demonstrated that he was a victim, not a fraudster. USCIS agreed and approved our response, allowing the client to keep his permanent resident status.

Success Story 2: Marriage-Based Green Card with Misrepresentation Claim

A client’s green card was at risk of rescission after USCIS alleged marriage fraud and misrepresentation under INA §212(a)(6)(C)(i). The couple had limited joint documents because of work related separation, leading USCIS to doubt the marriage. We gathered extensive evidence and our response proved the marriage was genuine. The NOIR was withdrawn, and the client’s permanent resident status remained intact.

Success Story 3: Employment Resume Misrepresentation

A skilled professional faced rescission of his green card when USCIS alleged he misrepresented his employment history on a résumé submitted during his immigrant petition process. We conducted a forensic review of his employment records and highlighted discrepancies that were clerical, not intentional. By showing there was no willful misrepresentation, USCIS approved the case, and the client maintained permanent residency.

Success Story 4: Visa Application Misstatement Abroad

A green card holder was accused of misrepresentation after consular officials claimed he failed to disclose a prior visa refusal when applying for permanent residency. He received a NOIR under INA §212(a)(6)(C)(i). The inconsistencies caused by translation errors. USCIS accepted our strong legal arguments, withdrew the rescission, and the client’s green card was preserved.

Success Story 5: Winning Against Dual Inadmissibility Allegations under INA §212(a)(6)(C)(i) and §212(a)(6)(E)

One of our clients faced serious inadmissibility findings under INA §212(a)(6)(C)(i) misrepresentation and INA §212(a)(6)(E) alien smuggling after USCIS alleged false statements in a prior visa application and on his Form I-485. His permanent resident status was at risk of rescission. While mounting a full legal defense against the allegations, we also prepared a Form I-601 waiver based on hardship to his U.S. citizen spouse, ensuring we had every avenue of protection ready. Ultimately, our comprehensive legal arguments convinced USCIS to approve the case outright without the waiver being needed. The rescission was avoided, the inadmissibility findings were overcome, and our client successfully kept his green card.

Success Story 6: INA §212(a)(3)(D) – Alleged Communist Party Membership

A green card holder received a Notice of Intent to Rescind after USCIS alleged he was inadmissible under INA §212(a)(3)(D) for past membership in the Communist Youth League. He had briefly joined during his teenage years in school, unaware of its political implications, and believed it was mandatory for students. USCIS considered this a ground for rescission. We prepared a detailed legal response explaining the involuntary nature of his membership, USCIS accepted our arguments and withdrew the rescission, allowing the client to keep his green card.

Success Story 7: INA §212(a)(3)(A) – Alleged Security Concerns

Another client faced rescission under INA §212(a)(3)(A) after USCIS raised “security concerns” based on a mistaken association with an organization later designated as a threat. In reality, the client had no ties to the group beyond attending a single cultural event years earlier. We carefully documented the nature of the event, provided evidence and highlighted that the statute targets actual threats, not incidental contact. Our legal brief argued that the allegations were unsupported and did not meet the burden of proof required for rescission. USCIS withdrew the allegations, and the client’s lawful permanent resident status was preserved.

FAQs About NOIR and Rescission

1. Can I lose my green card permanently after a NOIR?
Yes. If you don’t respond or USCIS is not convinced by your response, your permanent resident status can be rescinded.

2. Can I appeal a rescission?
Yes. If USCIS rescinds your status, you may fight the decision in immigration court.

3. How much time do I have to respond?
Typically 30 days from the date of the notice. Deadlines are strict.

4. Should I hire an attorney for a NOIR?
Absolutely. A NOIR is far more serious than an RFE or NOID. We can build a strong defense that preserves your green card and avoids deportation proceedings.

Secure Your Green Card. Contact Us Before It’s Too Late

A Notice of Intent to Rescind Permanent Resident Status (NOIR) is one of the most serious challenges a green card holder can face but it doesn’t have to be the end of your journey. With the right evidence, legal strategy, and experienced representation, many clients successfully defend their status and keep their green cards.

If you’ve received a NOIR, every day counts. Don’t risk delays or denials. Call us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. Our team will help you craft a powerful response and take immediate steps to protect your U.S. permanent residency.

Divorce after Conditional Green Card

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Divorce after Conditional Green Card

When a foreigner marries a US citizen, the US citizen spouse can file to sponsor the foreign national for permanent residency (green card).  If the marriage is less than two years old at the time the applications are approved, the foreign spouse will receive a conditional green card which is valid for two years.  Three months prior to the expiration of that card, the couple must jointly file another application for a permanent card.  But what if the marriage didn’t survive?  If the marriage is over, there’s a good chance you will lose your green card but there are ways to file without your ex-spouse and we have helped many people successfully do so.  Here are two examples.

Case 1:

US citizen and foreign spouse loved each other and got married.  We obtained a conditional green card for the foreign spouse in about 4 months.  The US citizen was transferred to a different city to work but the foreign spouse had a good job in the city where they met so they decided to work in different cities but see each other as often as they could.  Even though they had a baby together, the distance apart took a toll on their marriage and they decided to divorce after a year and two months.  They separated on good terms and the US citizen asked us to help the foreign spouse obtain a permanent green card.  We worked with both of them and obtained a permanent green card for the foreign spouse in about 6 months.

Case 2:

Foreign spouse came to us for help and indicated that her US citizen spouse was unfaithful.  Since they both had a very difficult relationship, we worked with the foreign spouse alone and built a strong case to obtain a permanent green card for her.

Many people believe that it’s impossible to obtain a permanent green card after the divorce.  That isn’t the case.  We have successfully helped many foreign spouses obtain permanent green cards after divorce.  Feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com

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.  

Trump Visa – Trump Green Card

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President Trump has been in office for less than one week yet he has already followed through with many of his campaign promises that relate to immigration such as building a wall along our southern border with Mexico and temporarily halting visa issuance to nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen.  Many people are concerned that Trump’s America First policy will lead to fewer opportunities for foreign nationals to enter the United States.  However, Trump has been consistently clear that his new policies will be geared towards employment creation for American workers and there are many visas and paths to green cards which are grounded in employment creation.  Some of these employment creation visas and green card paths have been recently expanded and Trump is likely to create new opportunities for those who will employ US workers in the near future.

Nonimmigrant Visa Options

  1. The E2 visa allows foreign nationals of certain treaty countries to obtain a visa to open or purchase a business in the United States so long as their business plan shows that will employ at least one US worker.
  2. The H1B visa is not often thought of as an employment creation visa but it can be employed by foreign nationals to set up a US enterprise and work in the United States.
  3. The L1 visa allows foreign companies to set up a new branch or purchase a US office and transfer their workers to the United States to manage or work for that branch office.
  4. Entrepreneurs who have an active role in a US start up company can now be paroled in to the United States (no visa required) for up to 5 years to manage that enterprise.

Green Card Options

  1. The EB1A green card allows outstanding business people who have made great business accomplishments to self petition for US residency.
  2. The EB1C green card category allows managers or executives of international companies that have offices in the United States to sponsor those business leaders for US residency.
  3. The EB2 NIW or National Interest Waiver category has recently been revamped and is now specifically geared to help foreign entrepreneurs who set up US enterprises and hire US workers obtain US residency.
  4. The EB5 green card for entrepreneurs allows those who invest a minimum of $500,000 in a US enterprise and employ US workers to obtain US residency.

I am hearing that it is likely that Trump will continue to support these job creation visas and green card options and we may even see some significant expansions of these programs in the near future.  Trump has expressed that he wants to see manufacturing job flowing back to the United States and many manufacturers, both foreign and domestic, have announced their intents to return or expand in the United States.  Trump has also expressed his desire for small and medium sized businesses to prosper so it is likely that we will see new employment creation visa programs introduced or current programs expanded and streamlined.  This is a great time to be in business in the United States.  Our firm has handled thousands of immigration cases and we believe that this new administration welcomes all who would want to make this country great.  You can contact us for further assistance.