Our Notable Case Results

Read our case results to learn how we've helped secure victories for our clients, enabling them to move forward with their immigration goals. Whether you are pursuing asylum, citizenship, visas, parole, or any other immigration issue, we are here to help. We are committed to your best interests and will provide the compassionate and knowledgeable legal services you need.

    • Approved I-130, Based on Marriage to Lawful Permanent Resident

      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.

    • Successful Consular Processing: Interview Stage

      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.

    • I-130/I-485 Immediate Relative Approval at Interview

      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.

    • I-130/I-485 Approved for F-1 student Based on Marriage

      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.

    • Approved Expedited Motion to Reopen I-751, Joint Petition for Removal of Conditions

      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.

    • Approved DACA Renewal

      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.

    • DACA – Deferred Action for Childhood Arrivals Granted

      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!

    • I-131, Request for Humanitarian Parole

      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.

    • Successful Response to Notice of Intent to Revoke, Client Now Has a Green Card

      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.

    • Deportation Proceedings Closed, Client Stays Safely in the U.S.

      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.

    • Parole Request Approved

      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.

    • I-485, Adjustment of Status application approval

      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").

    • Asylum Approval

      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.

    • Adjustment of Status based on Asylum

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

    • I-751, Petition to Remove the Conditions of Residence Approval

      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!

    • Termination of Deportation Proceedings

      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.

    • Client Was Granted an I-130 Petition Based on His USC Wife, I-601A Waiver and Consular Processing.

      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 Granted Naturalization, Becomes a US Citizen Despite Previous Naturalization Application Denial and Criminal History

      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

    • Approved E-2, Treaty Investor Visa

      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.

    • Naturalization Docs: Failure to Disclose Documents Overcome, Client Becomes U.S. Citizen

      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.

    • Re-entry Permit Granted

      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.

    • Our Firm Succeeded In Helping A Same Sex Marriage Couple Remove Their Conditions (I-751)

      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.

    • K Visa and I-485 Approved, Interview Waived

      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..

    • U.S. Citizen Spouse Successfully Files For Her Husband, He Is Granted Conditional Legal Permanent Residence

      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.

    • Expedited Advanced Parole Appeal

      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.

    • Client Receives Approved Eb1a For Extraordinary Ability And Will Likely Soon Become A Legal Permanent Resident

      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.

    • Newly Married Couple From India In An Family Arranged Marriage Successfully Petitions Spouse

      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.

    • The Modi Law Firm Assists Criminal Attorney – Analysis of Immigration Consequences to Criminal Plea

      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.

    • Motion to Reopen Sua Sponte Granted

      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.

    • Parole Extension

      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.

    • Global Entry Denial Appeal

      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.

    • I-129F, Petition for Alien Fiance Application (K visa)

      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.

    • DACA (Deferred Action for Childhood Arrivals) Approval

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

    • Labor Condition Application for Non-immigrant Worker Approved

      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.

    • CBP Parole Extension Granted

      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.

    • Returning Resident Visa

      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.

      In this case, once the application for returning resident status was approved, The Modi Law Firm helped the client prepare for their interview at the consulate abroad and provide them with a packet of supplemental documents to bring to the interview.

    • Successful Request for Parole, Client Released from Detention

      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.

    • Individual Placed In Removal (Deportation) Proceedings Gets Released on Minimum Bond and Court Case Closed

      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.

    • Client Granted An I-601A Waiver Despite Past Criminal History, Eligible to Apply for a Green Card

      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.

    • Client Granted An EB1-A, Alien of Extraordinary Ability Petition In Less Than 4 Months

      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.

    • Successful DACA Renewal

      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).

      The Modi Law Firm successfully requested DACA renewal. 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.

    • U Visa Certification Requests Granted

      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.

      U Visa Certifications can be difficult to obtain and requests must include detailed information about the qualifying crime, injury caused to the victim and the helpfulness of the victim. The Modi Law Firm has substantial experience putting together these packets and following up with law enforcement if necessary.

    • Affirmative Asylum Approval

      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.

      Detailed country condition reports and articles are essential to asylum applications. Attorney Modi and the staff at The Modi Law Firm research the reports and articles that specifically pertain to the client. Often, it is highly advisable for a client to also hire an expert on the country conditions in the country they are fleeing. The Modi Law Firm coordinates with country conditions experts to write a report that can be included as part of their asylum application packet.

    • Successful Request for Adjustment of Status for the Spouse of U.S. Citizen and Immigration Interview

      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 also helped the clients prepare for their immigration interview. Attorney Modi walked the clients through the process of the interview, advised them on what to bring, and conducted a mock interview.

    • Removal Proceedings Administratively Closed

      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.