Our Notable Case Results

The Modi Law Firm, PLLC recently helped a child that was born outside the United States obtain a Certificate of Citizenship based on her father’s U.S. citizenship. The child was able to obtain citizenship without first having to obtain permanent residence. Now that the child is a U.S. citizen, she may obtain a U.S. passport, travel abroad for extended durations of time, and vote in elections upon reaching the age of 18. Under certain circumstances, a child born abroad may automatically acquire U.S. citizenship from a parent. However, this area of law is complex and has changed over time. Therefore, it is advised that non-citizens with U.S. citizen parents consult an experienced immigration attorney if they are interested in determining whether they are eligible to file a Form N-600, Application for Certificate of Citizenship.

While the USCIS Field Offices reopened in June 2020, many services, such as infopass appointments, remain limited in availability. However, The Modi Law Firm was recently able to promptly obtain an infopass appointment for a client whose permanent resident card had expired while their renewal application was pending. The client had an emergency situation which necessitated that they travel abroad. However, due to the client’s expired permanent resident card, they were unable to do so. Fortunately, our firm was able to assist the client by requesting an infopass appointment and then attending it with the client so that they could obtain an ADIT stamp in their passport, which serves as temporary evidence of their permanent resident status. This enabled the client to travel abroad without issue while their application to renew their permanent resident card remained pending.

The Modi Law Firm, PLLC recently helped a client obtain Non-LPR Cancellation of Removal in Immigration Court. Our client has been in the US for over 10 years and was placed in removal proceedings while they were out of status. When someone is placed in removal proceedings, he or she may be eligible for non-LPR cancellation of removal in immigration court.

In order to qualify for non-LPR cancellation of removal, a non-permanent resident in removal proceedings must demonstrate that (1) he or she has been physically present in the United States continuously for at least ten years; (2) he or she has been a person of good moral character for ten years; (3) he or she has not been convicted of certain offenses; an (4) deportation would result in exceptional and “extremely unusual hardship” to his or her U.S. citizen or permanent resident spouse, child, or parent.

In this particular case, our client had two small U.S. citizen children, as well as a spouse. All three greatly depending on our client.

The “exceptional and extremely unusual” hardship standard is often the most challenging aspect of an application for non-LPR cancellation of removal. In order to satisfy this requirement, our firm submitted an array of evidence including, but not limited to, medical records, financial records, country condition reports, news articles, mental health evaluations, sworn affidavits, and a legal brief. During the merits hearing (often referred to as the “trial”), testimony from the client, the client’s family, and an expert witness was also provided.

Upon the conclusion of all testimony’s, the Immigration Judge held that our client was qualified for cancellation of removal. Consequently, instead of facing the threat of deportation, our client may now reside in the United States with his family as a Legal Permanent Resident. Thus, allowing our client to remain in the Unites States to raise their family.

Our firm has recently succeeded in terminating removal proceedings of a client with legal permanent resident status. Our client was facing removal due to a minor misdemeanor for child endangerment that had been vacated due to a lack of evidence. Nevertheless, after having ineffective previous counsel, she was in removal proceedings for nearly 20 years before our firm took over the case.

The Modi Law Firm, PLLC represented our client in removal proceedings and was able to obtain termination of her proceedings while working with our client’s criminal attorney. Now that removal proceedings have been terminated, the client continues to live safely in the United States as a legal permanent resident living with her United States citizen child. She is now waiting on USCIS to now complete the processing of her pending N-400, Application for Naturalization in order to become a United States citizen. Upon completion of the oath ceremony, our client will officially be a U.S. citizen, ending her long journey to citizenship! The Modi Law Firm, PLLC was happy to take over her case and get removal proceedings terminated so that she could finally pursue United States citizenship

The Modi Law Firm, PLLC recently assisted a client with a pending I-918, Petition for U Nonimmigrant Status in the termination of their Immigration Court removal proceedings. In order to do so, our firm prepared a request for prosecutorial discretion, which sought either the termination or administrative closure of the client's removal proceedings based on their pending petition for U nonimmigrant status. Upon reviewing the request, assistant chief counsel for the Department of Homeland Security in Houston, Texas agreed to sign a joint motion to terminate the proceedings. Next, The Modi Law Firm filed the joint motion to terminate with the Houston Immigration Court and the motion was recently granted. Our client may now await a decision from USCIS for their pending I-918 petition without having to attend future court hearings or worry about a deportation order being issued prior to the adjudication of their petition that is pending with USCIS.

Our firm also recently represented a client in their application for E-2 nonimmigrant status. E-2 status is generally for individuals who wish to invest a substantial amount of capital into either a new or pre-existing business in the United States which they will develop and direct. Our client elected to seek a change of nonimmigrant status while in the United States rather than apply for an E-2 visa from abroad. Therefore, we filed the change of status application with USCIS with evidence of the substantial investment, a detailed business plan, and the investor's qualifications, along with several other documents. The application for E-2 nonimmigrant status was quickly approved by USCIS less than two weeks after it was received by USCIS.

The Modi Law Firm, PLLC recently assisted a client with obtaining permanent resident status based on her marriage to a U.S. citizen. We prepared and concurrently filed Form I-130, Petition for Alien Relative and Form I-485, Application to Register Permanent Residence or Adjust Status on their behalf and submitted these as well as other forms with extensive evidence that their marriage was entered into in good faith as well as a legal cover letter addressing the applicant's eligibility for permanent residence. While the application was pending, the applicant was issued an employment authorization card, which allowed her to legally work in the United States while she awaited a decision. The Modi Law Firm, PLLC then prepared the couple for their USCIS interview and also represented them at the interview. The applicant was promptly approved for permanent residence upon the conclusion of her interview and her permanent resident card was received in the mail two weeks later.

The Modi Law Firm, PLLC recently assisted a conditional permanent resident and his U.S. citizen wife in the preparing and filing of their joint I-751, Petition to Remove Conditions on Residence. A conditional permanent resident must file Form I-751 prior to the expiration of their conditional permanent resident card. For a joint filing based on marriage, evidence that the marriage was entered into good faith must be submitted. It has recently often been taking over a year from the date of filing for USCIS to issue decisions for I-751 petitions. However, The Modi Law Firm, PLLC was recently able to receive an approval of a client’s I-751 petition in under three months, which is much faster than the current estimated processing time. Upon approval of the I-751 petition, our client was issued a permanent resident card that is valid for 10 years.

The Modi Law Firm, PLLC recently assisted an individual in obtaining TN nonimmigrant status as an accountant. TN nonimmigrant status is only available to citizens of either Canada or Mexico who are seeking admission to the United States for temporary employment in certain professions. TN nonimmigrant status may be granted for an initial period of up to three years and may be renewed as long as the applicant continues to be employed in a qualifying profession and meets all other requirements. In order to obtain TN status, citizens of Mexico must apply for a visa at U.S. embassy or consulate. However, Canadian citizens may apply for TN status by presenting the required evidence at a Port-of-Entry or airport preclearance location. It is advised that individuals who are interested in applying for TN nonimmigrant status consult with an experienced immigration attorney.

Removal Proceedings Terminated

A client with an approved I-130 petition recently had their removal proceedings terminated by an Immigration Judge. This will allow them to apply for permanent residence based on their approved I-130 directly with USCIS instead of in Immigration Court. Our firm contacted the Department of Homeland Security (DHS) on our client's behalf in order to request a favorable exercise of prosecutorial discretion. DHS agreed to join a Motion to Terminate based on the approved I-130 and our client's lack of adverse factors. The Immigration Judge agreed to terminate our client's proceedings shortly after the joint Motion to Terminate was filed. Now that removal proceedings have been terminated, our client no longer has to worry about attending immigration hearings while they apply for permanent resident status.

The Modi Law Firm, PLLC successfully helped another client get her immigration court proceedings reopened after filing a Motion to Reopen on her behalf. Due to medical issues, the client was unable to appear at her hearing at the Houston Immigration Court and the Immigration Judge ordered her deportation in absentia. The attorneys at The Modi Law Firm, PLLC successfully argued that exceptional circumstances, in this case, the client’s medical issues, prevented her from appearing at her immigration court hearing and provided evidence that the client had seen a doctor the day of the hearing. Moreover, the attorneys notified the judge that the client had no incentive to miss her hearing since she had an application to become a legal permanent resident pending before USCIS (United States Citizenship and Immigration Service). The Motion to Reopen was granted and now the client has the opportunity to proceed with her case and may potentially become a legal permanent resident now that she is no longer being ordered deported.

The Modi Law Firm, PLLC recently got an I-485 application for adjustment of status and I-130 petition for alien relative application approved during the adjustment of status interview. The clients, a newly married couple, retained our services shortly after getting married. Due to the extensive supplemental documentation that we included in our clients’ packet, the adjudicating officer was satisfied with all of the evidence provided and approved the I-485/I-130 on the spot. Our client’s legal permanent resident card (common referred as “green card”) was received a few days after the interview.

The Modi Law Firm, PLLC has vast experience preparing and filing joint I-130/I-485 applications based on marriage to a US citizen. For a consultation, feel free to contact The Modi Law Firm, PLLC at (832) 422-7789.

The Modi Law Firm, PLLC successfully renewed two E-2, Treaty Investor Visas on behalf of our clients. In order to renew an E-2, the applicant must satisfy many requirements, including proving that he is the national of a country with which the U.S. maintain a treaty of commerce or navigation and that he is seeking the visa to develop and direct his U.S. business. Additionally, the applicant must demonstrate that the U.S. business is not marginal, meaning that it has the capacity to generate more than enough income to sustain the applicant’s family and that it has the capacity to employ other workers. The Modi Law Firm, PLLC worked with the clients and walked them through the different types of documentation needed to satisfy all of the requirements. The clients got their E-2 visas renewed without any issues.

Feel free to contact The Modi Law Firm, PLLC if you have any questions about this process or if you require any assistance in the renewal of an E-2 Treaty Investor Visa.

The Modi Law Firm, PLLC successfully helped a client get his immigration court proceedings reopened after filing a Motion to Reopen on his behalf. The Immigration Judge had ordered the client’s deportation in absentia after the client had failed to appear at his hearing at the Houston Immigration Court. Before the hearing, the client had notified ICE (Immigration and Customs Enforcement) at his periodic check in that his address had changed, and he had also requested that his mail be forwarded to his new mailing address. The client, who was unrepresented at the time, was not informed by ICE that he had to submit a change of address form with the immigration court. Due to this, the client did not receive at his new address the immigration court’s notice notifying him that his hearing date had been rescheduled. After doing extensive research, the attorneys at The Modi Law Firm, PLLC successfully argued that the client had not received proper notice regarding his rescheduled hearing because he had believed that notifying ICE about his change of address was enough and was not informed by ICE that he had to submit a change of address form with the immigration court. Now that the Motion to Reopen was granted, the client can now proceed and apply for legal permanent status based on his marriage to his U.S. citizen wife.

There are many circumstances which may cause an individual to miss his or her immigration court hearing and be consequently ordered deported in absentia. Depending on the circumstances, a Motion to Reopen can be filed to reopen that individual’s immigration court proceedings. For a consultation, feel free to contact The Modi Law Firm, PLLC at (832) 422-7789.

After her joint I-130 petition for alien relative and I-485 application for adjustment of status were denied by USCIS, our client retained The Modi Law Firm, PLLC to file an I-290B Motion to Reopen and Reconsider her I-130 and I-485 denials. Months before the adjustment of status interview was scheduled, our client had submitted an online AR-11 change of address notification to USCIS. Even though our client notified USCIS that she had changed address, USCIS erroneously mailed the interview notice to our client’s prior address. Our client was unaware that an interview had been scheduled and consequently missed her adjustment of status interview. The adjudicating officer issued a denial, stating that even though an interview notice was mailed to the correct address on record, our client had missed her interview. The Modi Law Firm, PLLC submitted evidence that the interview notice was not delivered to our client’s correct address. Moreover, the attorney’s at The Modi Law Firm, PLLC successfully argued that the adjudicating officer had failed to follow USCIS policy, since the officer was required to check the USCIS National System AR-11 (change of Address) database to verify if any changes of address had been submitted by the client and was required to reschedule the interview if the change of address was confirmed, but the officer did not do this. Upon showing this, our client’s case was re-opened and her interview date was rescheduled.

The Modi Law Firm successfully applied for and received approval for our client’s DACA renewal in approximately three weeks. Although DACA does not grant status, one of the benefits is that it allows applicants to also file for employment authorization (Form I-765, Application for Employment Authorization). After approval of her DACA renewal and her Form I-765 in such a short time, our client is happy she can continue working without any gaps in her employment.

This client recently retained us for TPS re-registration after his TPS application (Form I-821 Application for Temporary Protected Status) was rejected by USCIS. Upon review of the file, our attorneys discovered the client’s prior attorney had filed an expired version of the Form I-821 and had submitted the application outside of the registration period for TPS, which resulted in the rejection by USCIS.

Despite this, The Modi Law Firm, PLLC was able to file for late re-registration and established good cause for the late filing based on the ineffective assistance from the client’s prior attorney. Even though the application was filed late and outside of the registration period, we were able to obtain an approval notice for the TPS application in less than a month.

The Modi Law Firm, PLLC was able to help a client who previously had a TPS application denied when they attempted to file the application without legal representation. Despite being beyond the designated TPS filing deadline, The Modi Law Firm, PLLC was able to submit a late TPS filing on the client’s behalf, which was ultimately approved. Therefore, the client may legally reside in the United States and not be removed to the dangerous conditions of his home country.

The Modi Law Firm, PLLC recently assisted a client with obtaining a waiver for his unlawful presence. In the waiver application, The Modi Law Firm, PLLC demonstrated that the client’s U.S. citizen wife would suffer extreme hardship should the client’s waiver application be denied. Had the waiver application been denied, the client would have been subject to a 10-year bar from re-entry to the United States. However, since the waiver application was approved, the client may now apply for permanent residence at a U.S. consulate based on his marriage to his U.S. citizen wife.

The Modi Law Firm, PLLC recently assisted a young couple in obtaining a conditional permanent resident card for a husband through his U.S. citizen wife. The couple had initially met while they were both studying abroad during high school. Their relationship developed over the years and ultimately resulted in marriage. However, since they were citizens of different countries, they sought the help of The Modi Law Firm, PLLC for their immigration matters. The Modi Law Firm, PLLC submitted an application for permanent residence on their behalf. While the husband’s application for permanent residence was pending, the need for him to travel occurred. Therefore, The Modi Law Firm, PLLC helped him obtain an advance parole document, which allowed him to travel while his application was pending. The Modi Law Firm, PLLC was ultimately able to have the husbands conditional permanent residence approved based on the couple’s bona fide marriage.

A U.S. citizen father of two retained The Modi Law Firm to assist with his family’s immigration matters.While one of the children was a U.S. citizen by birth, the youngest child was born outside of the United States and did not qualify for U.S. citizenship through any other means.Additionally, the family was living outside of the United States when they retained The Modi Law Firm, PLLC.To further complicate matters, the father’s U.S. citizen child suffered from medical issues that required treatment in the United States.The Modi Law Firm, PLLC was able to obtain humanitarian parole for the non-U.S. citizen child and mother so that the family could avoid being separated while the U.S. citizen child obtained necessary medical care.The Modi Law Firm, PLLC was subsequently able to obtain legal permanent residency for the non-U.S. citizen child through his U.S. citizen father.Consequently, the family no longer must fear the prospect of having to live apart.

A client with valid H-1B status married a U.S. citizen and then retained The Modi Law Firm, PLLC to represent them in his application for permanent residence. Client’s concurrently filed I-130/I-485 application for permanent residence was scheduled for an interview and approved without issue. He may now permanently reside in the U.S. without the previous H-1B restrictions he had on employment opportunities.

The Modi Law Firm, PLLC successfully applied for expedited processing of an I-130 Petition for Alien Relative based on marriage to a U.S. citizen. This I-130 Petition was approved only two months after filing. The Modi Law Firm, PLLC successfully requested expedited processing of this application by focusing on the hardship this family would suffer through continued separation, as the beneficiary of the I-130 was forced to wait outside the United States with the couple’s infant baby while the petition was pending. We helped the client gather all supporting documentation, including a psychological evaluation, and worked with the psychologist, a local Congressional office, and several USCIS officers to successfully obtain approval of this petition in only two months.

Client was successfully approved for an EB1-A, Alien of Extraordinary Ability Petition. As a Postdoctoral Research Associate, Houston Immigration Lawyers at The Modi Law Firm effectively demonstrated the client was eligible based on his extraordinary ability in the hard sciences. Although a very competitive difficult application, Immigration Attorneys at The Modi Law Firm provided evidence to show our client met more than 3 of the 10 listed criteria to demonstrate extraordinary ability. We were successful our client's case in under 4 months with no additional evidence requested by USCIS. With the approved EB-1A, our client can now apply to adjust his and his family's status to lawful permanent residence.

Client was successful in obtaining green card through consular processing in a difficult case with past criminal issues. Previously, the client’s I601A waiver was approved in approximately four months. Houston Immigration Lawyers at The Modi Law Firm obtained I-601A waiver in a difficult case where client had prior criminal history, including charges relating to unlawful carrying of a weapon and a conviction for Public Intoxication in Texas. We successfully argued relocation to Mexico would result in significant dangers to US citizen spouse and children, as well as significant economic, emotional, and psychological impact to US citizen spouse. Also, The Modi Law Firm successfully argued that client’s criminal record did not amount to a Crime Involving Moral Turpitude (CIMT). With the approved I-601A, client proceeded to consular processing to obtain his Lawful Permanent Resident status and is now a Lawful Permanent Resident of the United States.

After being granted asylum our client applied for Naturalization. USCIS denied his request to become a citizen for the same basis he was granted asylum in the United States. USCIS requested documentation of his unlawful arrest in his home country that led to his torture. They denied his Naturalization application solely for his inability to provide such documentation. Our client came to The Modi Law Firm to request a rehearing on a decision in naturalization proceedings. The Modi Law Firm submitted a legal brief, country condition reports, news articles, and supporting evidence all showing our Client's home country's arbitrary arrests with no due process and torture of its detainees. We successfully argued that USCIS should not request documentation of his unlawful arrest from the country he was granted protection from and to grant him citizenship given he was arbitrarily arrested for practicing his freedom of speech and promoting democracy and because his arrest was without cause and was not provided due process. Our Client was successfully approved and has now become a U.S. citizen.

Successfully completed client’s Department of Homeland Security Traveler Redress Inquiry (DHS TRIP). DHS TRIP is a point of contact for travelers experiencing delays during travel screening, including those often referred to “secondary inspection” at a port of entry or border crossing while clearing Customs and Border Protection. In this case, Houston Immigration Attorneys at The Modi Law Firm successfully completed the DHS TRIP in approximately one month, which is less than the average processing time of 60 days. Although not guaranteed, in the past successful completion of DHS TRIP has helped our clients avoid delays during international travel.

The Modi Law Firm was retained by a Lawful Permanent Resident who contacted us after being placed in detention and removal proceedings. After serving time in federal prison for an aggravated felony, our client was transferred with an ICE hold to immigration detention. The U.S. Department of Homeland Security charged them as deportable because he had been allegedly convicted of an aggravated felony. The Modi Law Firm successfully argued that DHS did not meet its burden of removability based on the crime. Ultimately after a full individual hearing arguing all of his reliefs including protection under the Convention Against Torture, the Judge ruled in our favor and terminated our clients removal proceedings and ultimately granted that he remained a Legal Permanent Resident.

Before retaining The Modi Law Firm, our client applied for Naturalization and was denied based on his brief time outside the United States while a family member was ill. He retained The Modi Law Firm to reapply for Naturalization. The Modi Law Firm successfully argued that our client continuously resided in the United States by maintaining his abode in the U.S., his frequent visits back to the US, and was employed by a U.S. company even while residing on and off outside the US. During the client's naturalization interview with USCIS it was discovered that our Client failed to disclose key information regarding his military training abroad. The Modi Law Firm successfully argued that not only did our client continuously reside in the U.S. to be eligible for Naturalization, but also that there was no misrepresentation as the information our client failed to disclose was not material. Our client was approved and is now a U.S. citizen and living happily with his wife and family.

Client was successful in obtaining a Motion to Reopen her immigration proceedings based on based on Lack of Notice and/or Ineffective Assistance of Counsel. Client failed to appear to her hearing in a Houston Immigration Court and the Immigration Judge ordered her deportation in absentia. Houston Immigration Attorneys were successful in requesting that the Immigration Judge reopen her case based on lack of notice as required under the regulations (here, Immigration Attorneys concluded through legal research she was not served proper notice) and also based on exceptional circumstances, including the fact her prior attorney did not receive notice and/or inform her of the hearing. The Motion to Reopen was granted in only 3 months and now client can proceed to argue her relief and potential claims in Immigration Court.

Client had retained Houston, TX Immigration Lawyers at The Modi Law Firm to assist him with a difficult naturalization application. He had previously applied for Naturalization with another immigration attorney and at that time had a pending DWI (Driving While Intoxicated). United States and Citizenship Immigration Services (USCIS) denied initial naturalization application based on good moral character and/or his pending criminal record. After his DWI was adjudicated and convicted under deferred prosecution, which generally is still a conviction for immigration purposes, he nevertheless retained The Modi Law Firm for a new naturalization application. Our firm successfully argued that this single conviction should not amount to a denial for good moral character, that he fit all other requirements for naturalization, and that he had other positive equities of good moral character including paying taxes, donations to non-profits and lack of any other criminal history. He was approved and now is U.S. citizen

Client successfully completed consular processing and obtained Lawful Permanent Residence status with an I-601A waiver approved for inadmissibility for illegal entry/presence. Client entered the United States illegally from Mexico when he was approximately 14 years old. We successfully argued that U.S. citizen wife and newborn baby would suffer extreme hardship based on severe economic loss in order to request waiving his immigration violations of unlawful presence and Entry Without Inspection (illegal entry). We also argued US citizen spouse would face significant emotional and psychological impact if separated from her husband and included evidence of her health condition, including psychological reports, copy of prescriptions, and declarations. The client left for consular processing to Mexico for his interview, was approved, and successfully came back as a Lawful Permanent Resident. The consular process only took approximately two weeks.

Client was successfully approved for an EB1-A, Alien of Extraordinary Ability Petition. As a Postdoctoral Research Associate studying Biotechnology, Houston, TX Immigration Lawyers at The Modi Law Firm effectively demonstrated the client was eligible based on his extraordinary ability in the hard sciences. Although a very competitive difficult application, we provided evidence to show our Client met more than 3 of the 10 listed criteria to demonstrate extraordinary ability. We won our Client's case in under 4 months with no additional evidence requested by USCIS. With the approved EB-1A, our client is now happily applying to adjust him and his family's status to lawful permanent residence and currently has an I-485 Application to Register Permanent Residence pending.

I601A waiver approved in approximately four months. Houston Immigration Lawyers at The Modi Law Firm obtained I-601A waiver in a difficult case where client had prior criminal history, including three arrests and a misdemeanor conviction. We successfully argued relocation to Honduras would result in significant dangers to US citizen spouse, as well as significant economic, emotional, and psychological impact based on US citizen’s health conditions. Also, The Modi Law Firm successfully argued that client’s criminal record did not amount to a Crime Involving Moral Turpitude (CIMT). With the approved I-601A, client is now ready to proceed to consular processing to obtain his Lawful Permanent Resident status.

After being detained by Immigration and Customs Enforcement (“ICE”), Houston Immigration Lawyers at The Modi Law Firm assisted our Client to be released from immigration detention in Houston and he was thereafter reunited with his family. At his bond hearing we successfully argued for our Client to be released on minimum bond of only $1,500. We also successfully argued our Client's eligibility for immigration relief and our motion for administrative closure was granted by both the detained and non-detained Houston Immigration Court dockets. Now that our Client's removal proceedings are temporarily closed, our client is finally eligible to apply to have his F-1 student visa status reinstated and continue pursuing his education in the U.S.

A couple from India that were married based on their families values, culture and traditions from India, in addition to love of one another. They retained our Houston immigration lawyer firm to help them with the marriage-based application. The case was very complex for two reasons. First, they did not have as much documentation as some other cases since they were newly weds and in an somewhat arranged marriage and secondly because it was very time sensitive that the case be approved so that they can travel to India for their traditional Indian wedding ceremony. Our firm was able to help them think of creative ways to prove their valid marriage through documentation, assist them in preparing the multiple forms required, help them with a mock interview and even attend the interview with them. Their case was approved just before they needed to attend their traditional marriage ceremony in India. The couple could not be gladder that everything worked out so perfectly and this spouse is now a conditional legal permanent resident of the United States.

Our client retained us from outside of Houston, TX because she had heard of our reputation and wanted a credible lawyer by her side on such an important and complex application. Our firm spent many hours working on her case in order to strengthen her case as much as possible. An individual may in some instances self-petition for a green card without a company sponsor if he or she can show extraordinary ability. In order to demonstrate extraordinary ability that person must either show national or international acclaim or meet at least 3 of 10 USCIS factors demonstrating extraordinary ability in business, science, arts, athletics or education. In this case, through voluminous documentation we were able to show she met at least 3 of those factors including through her publications, unique contribution in her field including patents and critical role in her organization among other evidence. She is now in a great position to become a Legal Permanent Resident of the United States.

The reason applicants based on marriage receive “conditional” legal permanent residence is because conditional status is granted when the marriage has lasted for less than 2 years before the date of filing the original petition for their spouse named an I-130, Petition for Alien Relative. In this circumstance, USCIS must provide a conditional permanent residence if they approve the application and a new application (an I-751 application with supporting documents) must be applied for, if a joint a filing, within 90 days prior to the 2 year expiration of the conditional green card status. The most common way to file the removal of conditions application is by a “joint filing” whereby the same couple are still in marital union. Our clients retained our firm after he received a conditional legal permanent residence (conditional green card) based on same sex marriage. Our firm worked on their joint filing of an I-751 Removal of Conditions Application and were successful in removing their conditions. The packet of evidence we provided was in fact so sufficient that no interview was even scheduled for such a case. Our client now is a Legal Permanent Resident of the United States.

Clients were from Austin, TX and hired our firm for an marriage based immigration application. The petitioner was a U.S. citizen who had been previously married before and she was applying for her new husband. We filed an application packet for them that included several forms, including but not limited to, an I-130, I-485 and a joint sponsor I-864 form. The case was set for an interview with an immigration officer in San Antonio, TX. After a gruelingly long interview of approximately 2 hours, our client’s case was approved. Her husband is now a conditional legal permanent resident of the United States. Due to the several forms involved in a case involving a U.S. citizen petitioner, the high likelihood of an interview and the need to be detail-oriented on these forms, we highly recommend that every applicant hire a competent immigration attorney if they’re able to do so.

The Modi Law Firm successfully applied for a Re-entry permit for a lawful permanent resident client. A Reentry Permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit’s validity without the need to obtain a returning resident visa from a US embassy or consulate.

Legal permanent residents must take care to not leave the United States for a period longer than six months. Furthermore, a permanent resident or conditional resident who has remained outside the United States for longer than one year may require proof that the permanent resident did not abandon his/her residency to obtain a new returning resident immigrant visa and an approved SB-1 to enter the United States and resume permanent residence. If you know you in advance that you will be traveling abroad for more than 6 months, you should consider applying for a re-entry permit.

There are many particular instructions to be followed in order to ensure that the proceedings go through smoothly and without delay; if done incorrectly the ability to re-enter the United States could become very complicated. The Modi Law Firm has much experience in many arenas of immigration law and understands the necessity for intricate attention to detail in order for processes, such as filing re-entry permit requests, to often proceed without any issues.

We are very well connected in the Houston area with other lawyers, teaming up with other law firms to help in a case that might contain criminal matters as well as immigration ones. Recently a criminal defense attorney reached out to us, asking for our collaboration with them in a criminal defense case relating to immigration matters. We were retained to conduct legal research and analysis of immigration consequences of pending criminal charges against our client. We successfully aided the criminal defense law firm in order to advocate for the best and most well-informed criminal plea deal that would potentially minimize our client’s immigration consequences.

The Modi Law Firm was retained by a lawful permanent resident who contacted us after being placed in detention and removal proceedings. After serving time in state jail for several theft convictions, our client was transferred with an ICE hold to immigration detention. The U.S. Department of Homeland Security charged her as deportable because she had been allegedly convicted of at least two crimes involving moral turpitude. An alien who has been convicted of two crimes involving moral turpitude is subject to mandatory detention and can be charged as deportable by the government.

Despite her complicated criminal history, The Modi Law Firm successfully applied for Lawful Permanent Resident Cancellation of Removal with the immigration judge. Attorney Modi fought ardently to show her positive equities including the potential hardship her minor U.S. citizen child and an ill lawful permanent resident father would face if she were to be deported. The judge and even opposing DHS counsel agreed and her case was granted. She is now living again safely in the United States with her family. Criminal immigration matters can be very complex and difficult to win even if you have been in the United States as a lawful permanent resident. If you or a loved one has been placed in deportation proceedings, it’s important to hire a competent immigration attorney.

Recently, a couple came to us with a dilemma regarding their naturalization documents. Our client had entered U.S. with a fiancé visa as he was engaged to a U.S. citizen. When applying for his fiancé visa and at the port of entry after approval, our client disclosed his conscripted (mandatory) military service; however, after the couple wed and filed for the Application to Register Permanent Residence (I-485) by themselves, our client (without an attorney at the time) inadvertently forgot to disclose his military service in his home country. Despite the mistake, the I-485 was approved. After three years passed, the couple wanted to apply for citizenship; however, while completing their application they realized the failure to disclose information on the I-485. So they hired The Modi Law Firm for help. The Modi Law Firm completed the application packet and provided assistance during the interview to clarify the inadvertent mistake and to address any potential accusations of false misrepresentation for an immigration benefit.

Failure to disclose important facts could be incorrectly perceived as “misrepresentation” which could potentially result in a ten year bar and initiation of removal proceedings. Attorney Modi was able to prove that this inadvertent mistake was not false testimony and that the husband’s limited participation in his country’s military was compulsory. Our law firm successfully processed their N-400 and the husband recently became a U.S. citizen. When completing applications, it is important to review every document to check for accuracy even if you are receiving assistance from someone else.

The Modi Law Firm recently had another success with a DACA request! DACA stands for Deferred Action for Childhood Arrivals. An individual may request consideration of deferred action for a period of two years if they meet the several requirements regarding their age, sufficient continuous presence in the United States, lack of criminal bars and their lack of lawful status at the time of it’s passing, among other eligibility requirements. The Modi Law Firm was successful in proving that our client met all the considerations and thus was deserving of DACA and has now gained lawful work authorization. Our client was able to have his DACA granted within approximately only 4 months!

After his I-751 (Petition to Remove Conditions on Residence) was denied, our client retained The Modi Law Firm to file an Expedited I-290B Motion to Reopen his I-751 denial. Prior to retaining our firm, our client had attempted to complete the process without an attorney by jointly filing to remove conditions with his U.S. citizen wife. USCIS issued a Request for Evidence (RFE) asking for additional proof that the couple entered the marriage in good faith and were continuing to share a life together. Although the client did timely submit a response to the Request for Evidence, USCIS erroneously issued a denial of the client's I-751 petition after incorrectly concluding that he failed to respond and thus abandoning his petition. On behalf of our client, The Modi Law Firm submitted a Motion to Reopen the petition, containing documentary evidence of our client's timely response to the Request for Evidence (RFE) as well as proof of their bona fide marriage. Based on this, our client's case was reopened and his Petition to Remove Conditions was approved in an expedited manner. Therefore, he received his permanent green card.

According to USCIS guidance, a customer may request expedited review for specifically defined USCIS errors that result in an adverse decision. Additionally, USCIS allows for expedited review of a petition or application (faster than normal processing times) for other extenuating circumstances such as severe financial loss, urgent humanitarian reasons, etc. In order to prevent unnecessary delays in the case, hiring a Houston immigration lawyer like The Modi Law Firm may save you from the confusion of having to navigate this process by yourself and provide you with the desired outcome.

The Modi Law Firm, in conjunction with another law firm, successfully applied for an E-2, Treaty Investor Visa on behalf of our client. The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. In order to be successful in obtaining an Investor Visa, the treaty investor must: be a national of a country with which the United States maintains a treaty of commerce and navigation (see the U.S. Department of State website to check if your country qualifies) have invested, or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States; and be seeking to enter the United States solely to develop and direct the investment enterprise as an executive employee or specialist employee with essential skills, along with other requirements. Additionally, the enterprise must be a real and operating commercial business which can be shown by including a business plan, the Articles of Incorporation, leasing documents, and any client contracts or invoices if applicable.

It is important to note, that E-2 visa is a nonimmigrant (temporary) visa which can be renewed; and therefore, should not be confused with a green card, which is permanent. Please contact The Modi Law Firm for further assistance if you have any questions about either of these processes.

The Modi Law Firm successfully requested a Deferred Action for Childhood Arrivals (DACA) renewal. With DACA in its third year, many individuals that successfully requested DACA are now applying to renew it. Although not a legal status, DACA indicates that an individual is not a priority for deportation and permits individuals to obtain work authorization. However, individuals are required to renew their DACA because it generally expires after two years. In renewal applications, it is important to update the government with any new addresses or criminal issues that may have occurred since the initial request was granted.

After successfully obtaining a K-1 visa for our clients, they retained The Modi Law Firm again for the filing of the alien spouse’s I-485, Application to Register Permanent Residence or Adjust Status. The Modi Law Firm submitted a complete packet showing the couple had complied with the K-1 visa requirements by getting married within 90 days of her arrival into the U.S. on the K-1 visa, and the case was approved without even an interview..

The Modi Law Firm successfully represented a young married couple in their concurrent filing of an I-130/I-485 petition based on marriage to a U.S. citizen. The Modi Law Firm represented the couple from start to finish by providing an exclusive checklist of evidence to submit, completing all necessary forms, providing declaration guidance for the couple and their friends and family, drafting a cover letter to USCIS, assembling and mailing packet to USCIS, preparing for the interview including a mock interview, and attending the interview with the clients.

The Modi Law Firm successfully applied for an I-130 Petition for Alien Relative based on marriage to a U.S. lawful permanent resident (LPR). The LPR spouse had immigrated to the United States as derivative of a petition for his father. After moving to the U.S., the LPR spouse returned to his home country and married his high school sweetheart. As such, the couple has never lived together. Therefore, The Modi Law Firm provided other evidence showing the marriage was valid including evidence that the couple communicated constantly and proof they shared financial responsibilities along with sworn statements from the couple, friends and family members testifying to the bona fides of their marriage. Although, no proof of cohabitation was provided, the petition was approved in just over one month from the date of submission.

It is important to note that cases processing times, forms, and steps can vary for many reasons including lawful status of the petitioner, relationship to the alien relative, and country of nationality for the alien relative. For example, because our client is a lawful permanent resident (and not a U.S. citizen), an immediate visa is not available. Therefore, our client must wait until the priority date is current before bringing his spouse to the United States. A priority date is the date on which USCIS acknowledges your application was received/filed. To determine if the priority date is current, you can visit the Department of State Visa Bulletin. The date listed on the Visa Bulletin is the date of applications that are eligible to begin the next step, consular processing, this also includes applications filed before the listed date. However, please note that priority dates change monthly and can regress so it is important to constantly check.

The Modi Law Firm can offer assistance at any stage of the process of bringing family members to the United States including determining eligibility, providing information regarding approximate processing times and costs, suggestions for evidence that could be helpful to your case, or potential issues for your application. For more information, please contact our office at (832)422-7789 to set up a consultation.

The Modi Law Firm assisted a newlywed couple in their concurrent filing of an I-130/I-485 petition based on a marriage to a U.S. citizen. Before marrying, our clients (a U.S. citizen and a foreign national) had met online and spent time abroad together. Then, while our foreign national was visiting the U.S. for pleasure, her U.S. citizen boyfriend proposed and she happily accepted. Although the couple had only known each other for less than a year, they were truly in love and they decided to get married in small, private ceremony before her intended date of departure. After their wedding, the couple decided to consult with The Modi Law Firm to determine what options they may have to avoid separation as newlyweds. The Modi Law Firm was then retained to complete the application process from gathering evidence to submission of the complete packet with forms and evidence to the interview. The case was successfully adjudicated, and the couple even received immediate approval at the interview with USCIS.

Although this case was successfully approved without issues, The Modi Law Firm prepped our clients for possible red flags including any questions about dual intent. Questions of dual intent can be raised when an officer believes an alien who entered the U.S. on a non-immigrant visa may have misrepresented or lied to obtain the non-immigrant visa (such a visitor visa or student visa). A finding of misrepresentation can have severe immigration consequences for future applications; therefore, you should always consult an attorney if you believe this may be a potential issue for your case.

After his priority date became current, our client was in the final stages of consular processing when he retained The Modi Law Firm. He had attempted to complete the process on his own. However, the client received multiple notices from the National Visa Center stating their I-864, Affidavit of Support had not been filled out correctly. Therefore, The Modi Law Firm took over the case and assisted with completing the forms accurately. Additionally, The Modi Law Firm prepared the client for his interview at the US Embassy in his home country by practicing in a mock interview and preparing a supplemental packet containing additional and updated evidence of his bona fide marriage to a U.S. Legal Permanent Resident (LPR) that his petition was based on. Moreover, our firm provided insight into other possible issues that could have been raised during the interview including the fact that the LPR spouse had been staying in their home country with her husband for an extended period of time, a red flag that could have been misconstrued as intention to abandon of her permanent residency. Fortunately, the interview went well, and our client was approved at the embassy.

In order to prevent unnecessary delays in the case, it is important to complete all forms accurately; to provide all requested civil and financial documents; and to follow any instructions provided by USCIS, the National Visa Center (NVC), the Department of State (DOS) or the specific embassy you are interviewing with. By hiring competent and reputable legal counsel such as The Modi Law Firm, you can save yourself from the headache and possible confusion that can arise from dealing with so many government agencies and requirements. Additionally, lawful permanent residents who travel and stay abroad for extended periods of time should be cautious of how these trips or extended stays can affect both their legal permanent residency status and/or future naturalization application. If you are planning to travel for an extended period of time, please consult with a reputable immigration attorney who can explain potential consequences of traveling or staying abroad.

The Modi Law Firm successfully rebutted a “Notice of Intent to Revoke (NOID): ‘Petition for Alien Relative, Form I-130’” issued by USCIS wrongfully accusing our clients of possible marriage fraud. Although the married couple’s I-130 petition based on marriage to U.S. citizen had already been approved, USCIS conducted a full investigation including a visit to our clients’ apartment. During this site check, USCIS interviewed multiple people including a neighbor and an employee of the apartment complex, who mistakenly told the investigator inaccurate information. Additionally, USCIS attempted to use facts about the client’s previous marriage and even investigated into mistaken disclosures made to other government agencies by the client.

After this occurred, the couple hired our firm to assist them. The Modi Law Firm provided ample proof rebutting the presumption of marriage fraud and showing that the couple’s marriage was bona fide including a statement clarifying the misinformation given by the apartment complex, proof that the married couple is in fact living together, proof they share financial responsibilities, proof of constant communication and declarations from the couple, friends and family members. The couple’s I-485 application has since been approved, and our client was able to adjust status to legal permanent resident, commonly referred to as a “green card.”

A Notice of Intent to Revoke is similar to a Notice of Intent to Deny. If the Department of Homeland Security suspects fraud, they may investigate into any petition filed and perhaps even revoke petitions that have already been approved. Additionally, a finding of fraud is extremely serious and it is highly suggested that you consult with a reputable immigration attorney if you are facing such accusations as there may be severe immigration AND criminal consequences. For a consultation, please contact The Modi Law Firm at (832)422-7789.

Although our client had been a legal permanent resident for over 20 years, she was placed into removal or deportation proceedings based on a misdemeanor criminal conviction (indirectly alleging domestic violence) that occurred over 5 years ago. In 2010, the client took a plea deal with the prosecutor rather than fighting the criminal charges because the client did not fully understand the severe immigration consequences she was facing including possible deportation. Because of the conviction, when our client was returning from a trip to her home country this year, she was apprehended at an airport and placed into detention. The client’s family contacted The Modi Law Firm, and within two weeks, The Modi Law Firm was able to successfully terminate the case without prejudice at the very first hearing. Having this granted means our client has been released from immigration detention and is no longer in deportation proceedings.

Any person, whether legal permanent resident or an alien on a non-immigrant visa i.e. student or visitor, can face depending on their circumstances severe consequences for criminal action including, but not limited to, deportation or permanent bars to future applications for immigration. If you are facing possible criminal charges, it is extremely vital you understand the possible negative immigration consequences of any charges, pleas, or admissions. Therefore, you and/or your criminal attorney should consult a reputable and knowledgeable Houston immigration attorney before conceding to any charges.

In this case, the clients started with a joint petition for alien relative and application for adjustment of status. With their families, they planned a religious wedding ceremony out of the country for a date they believed would be well beyond the adjudication of their application. USCIS processing times, however, can often be longer than the average processing times listed on the USCIS website. The religious wedding was coming up before a decision was made on the pending application.

It is important to remember that an individual with a pending adjustment of status application for permanent residence may not travel outside the country. This will likely result in the denial of the application based on USCIS’ presumption that the application was abandoned.

The couple, therefore, applied for advanced parole. This is essentially a request from the U.S. government for permission to travel outside the United States. There are only certain grounds on which the government will grant this request and even fewer grounds on which they will expedite the request. The clients came to our office after a denial was issued following an initial expedited request filed without an attorney. The Modi Law Firm successfully appealed the denial.

Although this case was ultimately successful, The Modi Law Firm highly suggests consulting with a reputable immigration attorney before planning to travel outside of the United States while an immigration application is still pending. For a consultation with The Modi Law Firm, call (832)422-7789.

The Modi Law Firm successfully supplemented an I-130 petition for alien relative and filed a new I-485 application for adjustment of status. The clients, a newly married couple, were in transition moving from one state to another due to employment. This made providing sufficient supplemental documentation more difficult. The couple filed their initial joint application without an attorney and received a request for evidence.

The Modi Law Firm has a great deal of experience with joint I-130/I-485 applications. Our packets are thorough and contain extensive supplemental documentation. It is important in any such application to provide proof that a married couple is living together, proof they share financial responsibilities, proof of constant communication and secondary evidence such as declarations from the couple, friends and family members.

For a newly married couple, this documentation can be difficult to gather. Attorney Susham Modi worked with the clients in this case to walk them through the different types of documentation to gather. In addition to checklists, Attorney Modi also provided guidance for writing the declarations.

The Modi Law Firm successfully requested two U-Visa Certifications from two different law enforcement agencies—the Houston Police Department and the Montgomery County District Attorney’s Office. Obtaining a U Visa Certification from a law enforcement agency is the first step in applying for a U Visa. U visas are issued to victims of a qualifying crime that have cooperated or will cooperate with law enforcement in the investigation of that crime. A U Visa gives an individual lawful immigration status for four years and a pathway to citizenship.

Our immigration law firm successfully represented a client through an asylum interview and a request for evidence following the interview. The affirmative request for asylum was based on persecution on account of religion. Immigration Attorney Susham Modi prepared the client for their asylum interview at the USCIS offices in Houston, put together a packet of client documents and country condition reports and articles to bring to the interview, and accompanied the client to the interview.

With Deferred Action for Childhood Arrivals (DACA) in its third year, many individuals that successfully requested DACA are now applying to renew it. Although not a status, DACA indicates that an individual is not a priority for deportation and permits individuals to obtain work authorization. Until 2015, DACA expired after two years (now, three years).

Our office successfully extended a client's parole for one year while they await resolution of their case in immigration court. The client was originally detained and The Modi Law Firm successfully made the case for a one year parole. Since proceedings in immigration court often take a long time, Attorney Susham Modi applied for an extension of this parole as the one year deadline approached. Parole prevents individuals from accruing unlawful presence while their case is being adjudicated.

The Modi Law Firm successfully requested an SB-1 returning resident visa. Legal permanent residents must take care to not leave the United States for a period longer than six months. Further, a permanent resident or conditional resident who has remained outside the United States for longer than one year will require a new immigrant visa and an approved SB-1 to enter the United States and resume permanent residence.

To obtain an SB-1, a returning resident must apply with a U.S. Embassy or Consulate abroad and establish that they remained outside the U.S. due to circumstances beyond their control.

The Modi Law Firm administratively closed a removal proceedings case in immigration court. Administrative closure is an immigration court order that removes the case from the court's calendar of hearings. Having this granted means our client is no longer in deportation proceedings.

This means the client will have no further hearings unless our firm or DHS specifically ask the court to schedule a hearing. It is important to remember that administrative closure does not mean that a case is completed or that the court has granted any application for relief that may have been filed with the court.

Attorney Susham Modi successfully requested parole for a client detained at a Houston airport. The client was a legal permanent resident and detained upon returning from a visit to their home country. The client had two minor convictions from many years ago. As part of the request for parole, attorney Modi argued that the client should be released on parole for humanitarian reasons and because the client did not present a flight risk.

In terms of humanitarian reasons, Mr. Modi pointed out to immigration officials that the client had been diagnosed with cancer, missed a medical appointment as a result of being detained, and needed to be released to continue the urgent and specialized care from the client's doctors.

Attorney Modi also successfully argued that the client was not a "flight risk." A person who is a "flight risk" is someone who the government assumes might not attend their future court proceedings. Mr. Modi successfully demonstrated that his client had a great deal of motivation to follow through with the obligation to go to court. In this particular case, the client had close family ties in the U.S., including a U.S. citizen military veteran husband and two U.S. citizen children, and the client was potentially eligible for multiple forms of relief from deportation.

Since the request for parole was successful, the client was able to reunite with her family, continue her cancer treatment and did not have to pay any bond amount to be released which potentially saved her thousands.

Our office successfully obtained a K-1 visa for our clients, allowing our client to come into the United States for the purpose of marrying her fiancé after her arrival.

After our client was repeatedly placed in secondary inspection while on important business trips to the United States, he applied but was denied for the Global Entry Program. Our office successfully appealed that decision and gave our client a second chance at the program. Our client's application was ultimately successful and was granted earlier this month.

Our client received a Request for Evidence after she jointly filed an I-751 to remove the conditions of residence by herself. She came to our firm for assistance in this urgent matter. We requested to amend that jointly filed petition to one based on divorce and battery by her U.S. citizen spouse and also responded to the Request for Evidence by creatively including evidence that was not previously submitted. Although it was a very difficult case, the I-751 was approved only three months after our response and even without an interview being requested!

The Labor Condition Application for our client's H-1B visa was recently approved. Although the H-1B petition has not yet been approved, we received a Receipt Notice confirming that the application was received by USCIS under this years cap and is currently pending.

Our office successfully obtained DACA as well as Work Authorization for our client.

Our office successfully filed an affirmative application for asylum for our client on account of her religion and particular social group and subsequently represented her at her interview. Her asylum application was granted February, 2014.

Our office successfully obtained permanent resident status for our client, who was given asylum about a year before his application was submitted.

Our client's case before the Board of Immigration Appeals was dismissed in 2012. After he retained our services, our office working jointly with another attorney successfully argued for the case to be reopened and remanded to the Immigration Judge based on our client's section 245(i) eligibility for adjustment of status.

Our office successfully extended our client's parole for one year while they await resolution of their immigration case. This parole prevents them for accruing unlawful presence while their case is adjudicated.

Our client was detained at the border and subsequently placed in detention. Our client retained our services in his request for parole, and we successfully argued that he be granted parole without the need to post a bond and our client was able to reunite with his family in the United States. He saved a tremendous amount of money by not having to post bond and was glad he could be reunited with his family, including at the time an ill 1 year US citizen daughter.

Our office was successful in obtaining an Expedited Request for Humanitarian Parole for our client, who desperately needed to visit her terminally-ill father given only months to live. Although our client was previously denied other visa petitions, our office obtained Humanitarian Parole less than two months after filing the request.

After client's application to adjust status was "pending" for over two years, he retained our services to follow up on the application. Our office successfully followed-up with USCIS supervisors and were able to get his application promptly adjudicated. We successfully represented him at his and his wife's USCIS interview and he was granted legal permanent residence (or commonly known as a "green card").

A client who was previously out of status was recently granted U nonimmigrant status after she was assaulted by an unknown individual. The U nonimmigrant status (also known as a U visa) “is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.” The first step towards applying for U nonimmigrant status is obtaining nonimmigrant status certification from a law enforcement agency. A victim of a qualifying crime may receive nonimmigrant status certification in the event that they possess information concerning the criminal activity that they were a victim of and is helpful to law enforcement in the investigation or prosecution of the criminal activity. The Modi Law Firm, PLLC assisted our client in obtaining certification from two different law enforcement agencies based on her being the victim of felonious assaults. Our firm then filed a Form I-918, Petition for U Nonimmigrant Status along with supporting evidence to USCIS on the client’s behalf. Upon approval of the client’s petition for U nonimmigrant status, she was granted employment authorization for a period of four years. An individual with U nonimmigrant status may be eligible to apply for legal permanent residence after maintaining U nonimmigrant status for a period of three years. It is recommended that individuals who potentially qualify for U nonimmigrant status consult an experienced immigration attorney.