Typical Case Examples

Foreign Medical Graduate / Temporary Worker / Lawful Permanent Resident

Foreign medical graduate comes to U.S as a J-1 exchange visitor to participate in residency training program. Physician signs employment contract with a medical facility agreeing to work for at least three years in a federally designated medically underserved area upon completion of residency training. We work with the physician and the prospective employer to obtain a waiver of the physician’s 2 year home residence requirement, and to change the physician’s status from J-1 exchange visitor to H-1B temporary worker. We then work with both parties to obtain lawful permanent residence (“ green card” status) for the physician so that upon completion of three year J-1 medical service obligation the physician is eligible to file an adjustment of status application.

Student / Temporary Worker / Lawful Permanent Resident

Recent graduate of a U.S. university with Ph.D. in Mathematics obtains tenure track appointment as an Assistant Professor with an institution of higher education in the U.S. We work with the university to file an H-1B petition to have the foreign national’s nonimmigrant status changed from F-1 student to H-1B temporary worker. We also work with the parties to undertake the permanent resident process by filing a PERM labor certification application with the U.S. Department of Labor. After the labor certification application is certified by DOL the university files an employment based two preference petition for the foreign national who is also able to file a Form I-485 adjustment of status application with U.S. Citizenship and immigration Services changing status from H-1B nonimmigrant to lawful permanent resident.

Temporary Worker / Lawful Permanent Resident

Indian national with Ph.D. in molecular biology working in the U.S. in nonimmigrant status as a researcher wishes to acquire lawful permanent residence. We work with the employer to file an employment based preference petition classifying the foreign national as an outstanding researcher in the employment based one preference category. As immigrant visas are immediately available in the employment based one preference category to persons born in India, the researcher, his wife and children are all immediately eligible to file I-485 adjustment of status applications to obtain lawful permanent residence in the U.S.

Temporary Worker / Lawful Permanent Resident

Well known French fashion designer wishes to come to the U.S. to work for a U.S. company. We work with the parties to obtain O-1 status for the fashion designer as a person of extraordinary ability in the field. The fashion designer is later able to file an employment based petition on his own behalf seeking to be classified as a person of extraordinary ability in the employment based one preference category together with a Form I-485 adjustment of status application acquiring lawful permanent residence in the U.S.

Fiancé / Lawful Permanent Resident / U.S. citizen

U.S. citizen teaches in Namibia for four years. While there she meets and falls in love with a Namibian man. When she returns to the U.S., they decide that they want to marry and live together in the U.S. We help her to file an I-129F Fiancée Petition with USCIS. Once this petition is approved, we help the couple to complete the visa application and to gather all appropriate supporting documentation. These forms and documents are submitted to the U.S. Consulate in Windhoek, Namibia. Following an interview, the young man is granted a K-1 visa that authorizes him to come to the U.S. for 90 days only. He arrives, and the couple marries within the 90 days. We then assist the husband in filing an application for permanent residence, and he obtains a “green card” (permanent resident card.) This initial “green card” is valid for 2 years. Just prior to the 2-year anniversary, we assist the couple in filing the I-751 Petition to Remove Conditions on Residence, after which the husband receives a green card valid for 10 years, which is renewable. Finally, after 3 years of permanent residence, the foreign national spouse is eligible to apply to become a U.S. citizen through naturalization. It is uniquely rewarding to work with a couple from the early stages of their relationship through naturalization of the foreign national spouse.

A 60-year-old woman and her two adult daughters come to the U.S. as refugees from Iraq. After one year in the U.S. they decide to apply for lawful permanent residence. We assist them in completing the applications for permanent residence. Since these applications take approximately six months to process, we also help them file the separate applications for work authorization and travel permission, which will allow them to work and travel while their permanent residence applications are pending. Once their permanent residence is granted, they no longer need separate work and travel authorizations.

An elderly Cambodian man came to the U.S. several years ago as a refugee. He subsequently obtained permanent resident status. Now he wants to become a U.S. citizen, and he and his adult daughter come to see us for assistance. Part of the process of applying to become a U.S. citizen through naturalization involves a test of the applicant’s ability to read, write and speak English, and his/her knowledge of U.S. history and government. Unfortunately, our client has developed dementia, which makes it impossible for him to learn new material. It is important to him and to his family that he become a U.S. citizen, and they are not sure what to do. Working with the client’s physician, we research the client’s medical diagnosis and the tests that were used to reach that diagnosis. We also explore with the physician whether the client’s disability makes it simply difficult, or actually impossible, for him to learn. In this case, the client is actually unable to learn new information. We then assist the physician in properly completing the medical disability exception paperwork to be submitted in connection with the naturalization application. The waiver is granted, which means that despite his disability, our client is able to become a U.S. citizen.