H-1B for Marketing Professional Approved by USCIS

This client, a marketing consulting company, had a previous H-1B denied for its Advertising Specialist position.  That case was done by another lawyer.

Because most marketing positions require only a generalized business degree, these cases are often difficult to be approved by USCIS.  We re-filed the case for the same position and occupation (Market Research Analysts and Marketing Specialists), believing a focus on the company’s past practice would satisfy the requirement for finding an H-1B specialty occupation.  USCIS issued a Request for Evidence (RFE), stating that the employer did not establish that the Advertising Specialist position was a specialty occupation.  We responded to the RFE by reminding USCIS that the employer need to meet only one of the four criteria to show an H-1B specialty occupation.  In addition to establishing the employer's established past practice, we provided a legal argument about the fallacy of solely relying on the Occupational Outlook Handbook.  We also demonstrated how the specialized complexity of the employer’s business and job duties required knowledge attained from a bachelor or higher degree in marketing, business administration, or related, which was further supported by an expert opinion. The H-1B case was approved. 

H-1B cases are getting much harder to receive approval.  Many tech H-1B petitions have been denied by the USCIS.

Don’t take your H-1B petition lightly just because you have a science/tech degree or you work in a big tech company.

I-751 approved after 8 years late filing

Ms. Ge received her conditional green card in 2006 based on her marriage to a US citizen.  She should have filed her I-751, petition to remove condition, in 2008.

USCIS mistakenly issued her a 10 year green card.  Ms. Ge thought she did not need to file I-751.

In fact she did.

USCIS later realized its mistake and denied her I-90, application to renew green card.  USCIS even took her green card away when she went to finger print.

When she first came to see us, she did not her green card(not even a copy of it); her conditional card expired more than 9 years ago and she divorced her US husband long long time ago.

Tough case?  yes.

Her I-751 was filed late last summer.  It was approved without RFE or interview.

Husband received asylum grant from judge based on wife's sterilization

Mr. Liu entered the US without visa and he was detained by ICE.  He was later released on $20,000 bond and applied for asylum.

Liu and his wife have three children.  His wife wife was forced to undergo sterilization after their third child was born in 2008.

The case was well documented and prepared.  It only took about 30 minutes to get the case approved by the immigration judge.

Asylum Granted by A Tough Judge

This immigration judge is considered one of the toughest judges.

Our client entered the US in 2013, filed asylum in Los Angeles the same year.  She later moved to the Bay Area.

Asylum office referred her application due to "inconsistencies".

Client has two claims, each will be sufficient if found be to credible.

We carefully strategized the case before the hearing started.  In less than 40 minutes we finished the direct examination and cross examination.  Our witness (very important) also testified.  Even though our client could not answer many religious questions the judge found our client credible.

In less than 50 minutes the judge granted our case without going into the second claim.

Again, preparation is the key to any of our cases.

We prepared client three times before the hearing.

Also worth noting that we moved this case from 2022 based on client's family circumstances.

We Have Many Asylum Cases Approved Recently

In the past two weeks, we had more than 5 asylum cases approved.

The one worth discussing is a court case.  Client entered the United States from Mexico without visa in 2016.  She was taken into custody  by ICE.  At the credible fear interview, client told the officer that was not true.  Upon release client hired us.

We evaluated the case and we found out that client had very good birth control claim for asylum.  The story she told the office at the credible fear interview was not necessary for her asylum claim.

The fact remains, though, she lied to immigration officer.

Client admitted that she lied to immigration officer at hearing.  The immigration judge finally believed our client's explanation why she lied and found her eligible for asylum.

Asylum cases in immigration court require experiences and deep knowledge on asylum law and the conditions of the country where a client was from.

many clients hire lawyers who do not have the experiences and knowledge just because they may be a little cheaper.

If you need to consult with us, please contact our office at (510)623-9668.

Many Approvals Last Week

We have received three asylum approvals after interviews two weeks ago.

The first case is a woman who engaged in activities in the United States that are deemed illegal in her own country; the second case is a man who has suffered persecution in his country due to his political views.  The third case involves a couple who has suffered persecution due to their country's family planning policy more than 10 years ago.

We also received a fraud waiver approval and I-485 approval shortly after the waiver is approved.  The client came in as an F-1 student.  She never attended school.  Immigration found her inadmissible for fraud.  We were retained after the USCIS requested 601 Waiver.

Finally, our EB1A chef-client and his family have landed in the US after their immigrant visas are granted in Guangzhou, China.  This client is from northeast China and he plans to open a restaurant in the Bay Area.  We are looking forward to his new adventure in the U.S.

Recent Immigration Court Successful Cases

1.     Client Got His Asylum Status Back After 8 Years Immigration Court Fight

Client received asylum in 2006.  Soon after that his lawyer was disbarred.

In 2010, Immigration put client in removal proceedings, alleging his asylum was obtained by fraud.

After several delays, we had an individual hearing. The Immigration Judge denied government's request to revoke our client's asylum status.

2.  Client Got His Green Card Back in Immigration Court after Admitting to Marriage Fraud

Client received green card in 2002.  He later applied for naturalization. His N-400 was denied for marriage fraud.  He was put in removal proceedings with his individual hearing set for September, 2021.

We moved to advance his hearing for almost 3 years.  We persuade the judge to return his green card back.

It’s worth noting that client had hired another lawyer from Ohio and that lawyer instructed him to lie to the court. Had this client followed that lawyer's advice, he will be certainly deported to China.

What's next after asylum interview failed?

1.     Client Received Immigrant Visa in China after 8 Years Struggle

Ms. Huang came to the US in 2010.  She applied for asylum shortly after her arrival.  Unfortunately her asylum was denied by the asylum office; then her asylum was denied by immigration judge, her appeal was dismissed by the Board of immigration Appeals and finally, her petition for review was dismissed by the 9th Circuit of Appeals. Ms. Huang received a letter from the Immigration asking her to report to the ICE for departure to China.

Ms. Huang hired us at that time.

After two years of lengthy adjudication of visa petition and waivers, Ms. Huang received immigrant visa last week In Guangzhou, China.

2.  Asylum Seeker Receive Grant of Asylum from Immigration Judge in One Hour

Mr. Ge was referred to court after the asylum interview.  He hired us shortly before the master hearing.

The Asylum Office states that Mr. Ge is not credible and that even if he is credible his experience in China does not constitute persecution under the US Asylum Law.

Mr. Ge was despair when he hired us.

With proper preparation and careful lead research, we find a way to persuade the immigration judge why Mr. Ge's asylum application should be granted.

Within one hour of the hearing the application is granted and the government will not appeal.

Asylum is very complicated.  Not so many lawyers can really do a good job in court.

Do you want to take the chance?

China's Birth Control Policy Continues to Provide Ground for Asylum Seekers

Although China relaxed its family planning policy, clients who received past persecution based that policy continue to receive asylum approvals.

In one of our most recent cases, our client was sterilized after she gave birth to her third child in China.

She came to the US in 2016 on a B-2 visa and she applied for asylum.

Without more she received asylum approval.

The key to a successful asylum application is to carefully identify the correct ground(s) that is protected under the US asylum law; truthfully provide client's experience to the asylum office; thoroughly prepare client for the interview.  

Unfortunately many asylum seekers got their cases denied or referred to immigration court because their asylum applications were not prepared based on the above three important principles.

16 year old asylum case granted by judge in 30 minutes

Ms. Lin entered the US in 2002 and filed her asylum in Los Angeles.

Her asylum application was referred to immigration court.  At the suggestion of an immigration consultant, she married a US citizen and thought she did not have to attend hearing.  She was ordered removed by judge in absentia.  Her marriage case did not go anywhere and later was denied by the USCIS.

Ms. Lin's case went to the 9th Circuit of Appeals and was remanded to immigration judge in 2010.

Ms. Lin moved to San Francisco and hired us in 2012.

After many delays and continuance, Ms. Lin finally had her day in court last week.

Immigration judge commented that this case was well documented and we just needed to focus on several key issues.

After 10 minutes direct examination, it became clear that Ms. Lin has established well-founded fear of future persecution in her home country.

Government waived appeal.

Although this case has been pending for an extraordinarily long time, the final result is very good and now Ms. Lin can apply for her daughter to join her in the United States.

Mormon Asylum Approved!

We are very happy to announce that today we received approval for an asylum application for a Mormon Christian client.  This was a difficult case because there are many news media reports that describe the Mormon human rights situation in China as very positive. 

We did careful research. We presented that evidence to the asylum office to show that our client could not return to China without giving up her religious believes or facing persecution. 

Today we learned that the asylum office was persuaded by our argument. We are very pleased for our client. 

How to keep your green card after the government discovered your marriage fraud

At least in some parts of the United States, there are ways to keep your marriage based green card even if the USCIS/ICE alleges, and you admit, that your marriage was not bona fide.

There are certain requirements under the current legal standard and careful and strategic planning are key to success in this type of cases.

We just won such a case recently.

Client came to the US in early 2000 on a conditional green card.  Her joint petition to remove condition was denied.  She later married a US citizen and the I-130 visa petition was revoked after the USCIS discovered the first marriage was fraudulent.  Client's lawyer for this I-130 cases was informed the marriage fraud but did not stop her from lying to the USCIS at the I-130 interview. 

Client was referred to immigration court.  We were hired after the removal proceedings started.

After many delays and change of judges, we finally prevailed in court.

Client could apply for citizenship right away.

Lessons here are the same we always tell our clients/readers: not all the immigration lawyers are the same; never rely on immigration consultant's words to prosecute your immigration applications;  once you find the right lawyer your case is 50% successfully.

Another Asylum Approved for an 18 Years Old

Client spent 2 years in a Middle East country and he came to the US as an F-1 student in a community college.  He had no past persecution and his entire claim is based on fear of future persecution due to his ethic race.  Conditions in his hometown have deteriorated in the past several years.  

Application was filed in early March, 2018 and he was interviewed in mid-April.

Immigration Judge Granted Green Card after 16 Year Long Battle

Our client, Ms. Yang, came to the US in 2002 on a B-2 visa.  She lied about a lot of things in her visa application, prepared by Chinese “Zhong Jie”.

She hired a local immigration consultant in Los Angeles to file her asylum application shortly after her arrival.  Her asylum application was referred to court after interview.  Before individual hearing, Ms. Yang married a US citizen and filed I-130/485.  Her husband did not appear for the interview and the case was denied by the USCIS.

She had her asylum hearing in 2005.  The immigration judge denied her application for lack of credibility.

Ms. Yang appealed her case to the Board of Immigration Appeals.  The Board remanded the case back to immigration court as the Board pointed out that the immigration judge did not have sufficient reason to deny the case on credibility ground.

Ms. Yang moved to the bay Area and married her current husband, a US citizen, and she hired us.

This case has been continued by immigration judge many times while the judges initially on her case all retired.

After many maneuvers with the court and the USCIS, we had an individual hearing in 2016, when the government raised the visa fraud issue and asked Ms. Yang to file the waiver.

Waiver was filed and we just had the final hearing.  Although the waiver claim was weak, the immigration judge granted the waiver and Ms. Yang now is a permanent resident of the United States.

To increase her chances for success, we also prepared the asylum claim and were ready to proceed, even though we had to spend lots of time to prepare the asylum case.

Another L-1 visa delay in Shanghai resolved after lawsuit

This is our second such lawsuit this year.  Client applied for L-1 visa in the US Consulate in Shanghai last November.  His application was selected for administrative processing after the interview.

We filed the lawsuit last month.  Two weeks later the Consulate contacted client's Chinese company.  Now the consulate has issued L-1 and L-2 visas for our client and his family.

Lawsuit definitely works!

Master’s Degree Student Received O-1 Visa

O-1 visa is for alien with extraordinary ability in the sciences, arts, education, business or athletes.  It must be sponsored by a US employer and it lasts for 3 years and it may be extended.  There are no quotes for O-1 visa.

Our client is a recent graduate of a California art college majoring in music.  She published some of her works and was in several documentary films as the composer.

She found a job in a music school as musical consultant.

Frankly this case is not very strong.  It took her more than 10 months to collect documents and we filed her application one day before her EAD expired.

We gave honest evaluation on each case.  Clients have to make their own decision if they wish to proceed.  There are risks involved.  Fortunately, for our clients, the outcomes are usually good.

What should you do if your visa application is under long "administrative processing"?

 "Administrative processing" means additional review, investigation and evaluate visa applicant's eligibility to receive the visa.  It could happen in F, H, L, O or any other types of visa.

This process, according to the US embassy/consulate/State Department websites, would usually take about 1-2 months.  In reality, many visa applicants experience long delay.  

Recently one of our clients in Shanghai experienced 6 month long delay without any decision.

Luckily in the United States, there is a legal process to address this problem.  Its call federal district court lawsuit against the USCIS, State Department and the Embassy/Consulate for the unreasonable delay in its administrative processing.

We filed the lawsuit in January and the Consulate re-interviewed our client last week and issued the L-1 visa.

This type of lawsuit is absolutely very effective in compelling the US government to act.  

If you have long delayed petition or application before the USCIS or the US Consulate/Embassy, please contact us.

2018 first EB1A alien with extraordinary ability approved

Our client is a chef from northeast China.  He published several cooking books and is a regular TV and radio commentator for food programs.  He also owns several upscale restaurants in China.

The USCIS was not initially impressed by our client's credentials.  RFE was issued asking us to address how exactly our client qualify for EB1A.  

Response to such RFE was tedious and burdensome.   We later learned the USCIS may have conducted overseas investigation to verify some of the evidence/documents submitted.

Eventually, the USCIS approved this petition last week.

EB1A petitions are a lot harder to get approved nowadays.  With proper and thorough preparation and expertise it is still possible.

We maintain 100% success for all of our EB1A cases for the past many years (past success does not represent future success).

Please email us at justin@lawbw.com your resume for free evaluation if interested.