Long delayed green card application approved after lawsuit against the USCIS

A Chinese couple filed their employment based I-485 application in 2016.  After years of waiting and responses to request for additional evidence, we were retained to file a lawsuit against the USCIS in April, 2020.

Soon interviews were scheduled by the USCIS with an agreement by the USCIS to render a final decision within 3 weeks after the interview, even at this time the USCIS generally does not schedule green card interviews.

The interviews are smooth and our clients received their green card approvals.

This is another example of a lawsuit against the USCIS for delayed adjudications.  Without the lawsuit, no one knows how long they would have to wait for their green card.

Asylum Client Who is out of Student Visa Status for 6 Years Received Final Approval

Mr. Tang came to the U.S. on a student visa in 2012.  He stopped attending school in 2014. 

He came to our office 3 months ago seeking legal advice.

Based on client's situations, we provided him his options in the United States.

Client's asylum application was filed last December. He was interviewed in about 35 days and he has now received final approval.

There are many exceptions to the one year asylum filing rule.  The key is if you are eligible for one of the exceptions.

For many people, asylum is their only hope to remain in the United States.  You should treat it seriously and never ask for assistance from unethical immigration consultant or inexperienced lawyer.

Asylum approval in Los Angeles Asylum Office in less than 50 days

Client lives in Los Angeles area.  She was out of status for over a year before she hired us to file her asylum.

After review of her case, we found out a winning strategy to craft her case.

We filed her I-589 in mid-November 2019.  She was interviewed by Los Angeles asylum office in January, 2020 and she has now received final approval.

Client was honest in her case.  Everything she has said and written in her case were factually correct.  You really do not need to lie or misrepresent yourself in asylum application in order to get approved.  Unfortunately, many clients do not understand this basic principle.  They are misled by scrupulous immigration consultant to lie in their applications.

Two immigration court victories in the first week of the year

The first case involves a client who had a fake marriage and lied to USCIS many times.  her previous lawyers all asked her to continue to lie in order to get her removal of condition approved.  All these efforts failed and she was placed in removal proceedings.  Client admitted her fake marriage in court and received relief she sought.

The second case involves a client who entered the US from Mexico illegally in 2005.  He later married a US citizen and has a child.  His parents are also US citizens and are not in good health.  With well documented case the immigration judge approved our case in 30 minutes.

100% approval rate in immigration court for Attorney Justin Wang

In 2019, Attorney Justin Wang has achieved 100 approval rate for all of his clients in immigration court.  These clients range from asylum, adjustment of status and marriage fraud waivers.

Firmwide, we had only one denial of asylum in court due to one year filing deadline.  That client had been screwed up by her previous lawyer not filing her asylum application within one year of her arrival.   

Such extremely high approval rate is the direct result of:  carefully selected case; high competence and experience in handling immigration court cases and finally deep devotion to clients by our attorneys.

Client received asylum grant from a tough immigration judge

Client came to our office for help with less than a month for her individual hearing for asylum.  She did not feel good about her previous lawyer.  It turned out that her previous lawyer did not even request file from the USCIS and immigration court for the asylum interview notes.

Client's asylum case was referred by asylum office for lack of credibility.

How can we persuade the judge that our client is credible?

That's the most difficult part of almost any asylum cases.

Our judge is known to be tough and strict.

Thanks to our thorough preparation and experience, our client received the asylum grant in less than one hour.

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.