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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.

 

  • E-2 Treaty Investor Change of Status Application Approved by USCIS Mar 5, 2024
    Our firm recently represented a client with E-2S status, as the spouse of an E-2 treaty investor in their change of status application, seeking classification as an E-2 treaty investor.  E-2 nonimmigrant status is a potential option for individuals who wish to invest a substantial amount of capital into either a new or existing business in the United States and then develop and direct the investment.  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 (among other requirements), a detailed business plan, as well as the investor's qualifications to operate the business.  The application for E-2 nonimmigrant status was quickly approved by USCIS less than one month after it was received by USCIS.
  • J-1 Two Year Home Residency Requirement Successfully Overcome Jan 15, 2023
    The Modi Law Firm, PLLC recently represented a client in their request for an advisory opinion from the Department of State in order to determine whether they were subject to the two-year home-country physical presence requirement. Nonimmigrants who are subject to this requirement are unable to change or adjust status in the United States until either the requirement has been satisfied or a waiver is granted. Unfortunately, J-1 visa applicants are often incorrectly informed that they are subject to the two-year residence requirement. J-1 visa holders who are unsure as to whether the requirement applies to their case may request an advisory opinion from the Department of State Waiver Review Division. Recently, upon reviewing a client's J-1 visa and DS-2019 forms, we concluded that the client was likely not subject to the two-year home-country physical presence requirement despite the client's J-1 visa stating otherwise. Therefore, we submitted an advisory opinion request to the Department of State. After approximately six weeks, the Department of State issued an advisory opinion confirming that the client was not subject to the two-year residency requirement and could apply for a change of status in the United States. Individuals with questions or concerns regarding their J-1 status and whether the two-year home-country residence requirement applies to their case may contact our office in order to schedule a consultation with an experienced immigration attorney.
  • Released from Immigration Detention, Returned Green Card, and Reunited with Wife Jan 15, 2023
    Recently, The Modi Law Firm, PLLC won approval of a 212(h) waiver of inadmissibility for a client in Immigration Court proceedings. Our client, a green card holder, was detained after trying to return to the United States following a short vacation with his wife due to a previous criminal conviction. Because of the nature of his conviction, The Modi Law Firm, PLLC needed to establish that his U.S. Citizen family members would face the higher standard of “exceptional and extremely unusual hardship” in order for the waiver to be granted.

    Working with our client’s wife, The Modi Law Firm, PLLC presented documentation to the Court showing the hardship that our client’s family members would face if he were deported. As well, The Modi Law Firm, PLLC presented evidence to the Court that our client was worthy of the Immigration Judge’s positive discretion. Despite ICE fighting hard for our client’s deportation, at trial the Immigration Judge agreed with the legal arguments presented by The Modi Law Firm, PLLC and granted our client’s waiver application. Our client was then released from immigration detention, returned his green card, and reunited with his wife. The Modi Law Firm, PLLC was honored to have been able to reunite this family and ensure justice for our client!
  • J1 Visa Waiver Approved Based on Persecution Oct 17, 2022
    The J-1 Exchange Visitor nonimmigrant visa allows individuals to be admitted to the United States in order to employment and education-based exchange programs. However, through participation in an exchange program, some J-1 visa holders become subject to a two-year foreign residence requirement.
    Pursuant to Section 212(e) of the Immigration and Nationality Act, J-1 exchange visitors who are subject to this requirement must return to their home country for a minimum of two years after participating in an exchange program.

    One who is subject to the two-year home residency requirement may obtain a waiver of the requirement if they demonstrate eligibility under one of following bases: (1) obtain a No Objection Statement from the government of their home country; (2) work on behalf of a U.S. government agency that requests an Interested Government Agency Waiver; (3) will likely be persecuted based on race, religion, or political opinion upon return to home country; (4) exceptional hardship to a U.S. citizen or lawful permanent resident spouse or child; or (5) a waiver is requested by a designated State Public Health Department.

    The Modi Law Firm, PLLC recently assisted a family obtaining a waiver of the two-year J-1 foreign residence requirement by demonstrating that a client who previously had J-1 nonimmigrant status and their family members who previously had J-2 derivative status would likely be subjected to persecution on account of their political opinions if required to return to their country of citizenship. A waiver application based on persecution requires that applications and supporting evidence be submitted to both USCIS and the Department of State. Now that the J-1 waiver has been granted, our client may proceed with applying for an adjustment of status to permanent residence without having to first satisfy the J-1 two-year home residency requirement.
  • Expedited I-601 Approval Oct 17, 2022

    Recently, The Modi Law Firm, PLLC won approval for an expedited I-601, Application for Waiver of Grounds of Inadmissibility. Our clients have been married for over 15 years but have been separated due to an alleged misrepresentation made long ago when trying to enter the United States on a visitor visa. When the United States citizen spouse began having serious health problems, he knew that it was imperative to try to get his husband to join him in the United States as soon as possible, so he hired The Modi Law Firm, PLLC to assist his husband in applying for a waiver of his grounds of inadmissibility.

    Generally, USCIS takes an estimated 14 months to process an I-601 waiver application. However, because The Modi Law Firm, PLLC was able to show humanitarian justifications for expedited processing of the application, our client received an approved I-601 waiver application in under one month. Now, with an approved waiver, our client is now eligible to apply for immigrant visa based on his marriage to a United States citizen and, if granted, will be able to enter the United States to be with his husband. We are thrilled that we could help this family to potentially become reunited in such timely manner!

  • Protection Granted for Ukrainian Citizen Oct 17, 2022
    The Modi Law Firm, PLLC recently represented a citizen of Ukraine in their application for Temporary Protected Status (TPS). The Secretary of Homeland Security designated Ukraine for TPS on April 19, 2022 due to the ongoing conditions that prevent Ukrainian nationals from safely returning to the country. In order to apply for TPS, Ukrainian nationals must have maintained continuous residence in the United States since April 11, 2022 and also have maintained continuous physical presence in the United States since April 19, 2022. TPS for Ukraine is currently designated through October 19, 2023 and Ukrainian nationals who qualify may register for TPS until then. When applying for TPS, one may concurrently file an I-765, Application for Employment Authorization which, upon approval, will allow them to legally work in the United States.
  • Ukrainian Citizen Obtains Asylum Aug 2, 2022
    Our firm recently represented a citizen of Ukraine in his successful application for asylum before an Immigration Judge.  In order to be eligible for asylum, one must demonstrate, among other things, that they have suffered past persecution and/or have a well-founded fear of future persecution on account of a protected ground should they return to their country of citizenship.  The past and/or future persecution must be on account of a protected ground, which includes: (1) political opinion; (2) race; (3) religion; (4) nationality; or (5) membership in a particular social group.

    Our firm submitted a variety of evidence in support of our client's application for asylum based on political opinion and nationality including, but not limited to, a detailed report from a country condition expert as well as a mental health evaluation from an experienced licensed clinical social worker.  Upon the conclusion of the individual hearing, after several hours of testimony, the Immigration Judge granted our client's application for asylum.  

    The Modi Law Firm, PLLC strongly encourages potential asylum applicants to speak with an experienced immigration attorney.  We would be happy to schedule a consultation with one of our immigration attorneys should you have any questions regarding the asylum process.
  • Permanent Residency for a Young Teen Aug 1, 2022
    The Modi Law Firm, PLLC recently assisted a young man in obtaining permanent residence based on Special Immigrant Juvenile Status (SIJS).  The Special Immigrant Juvenile classification was established for minors who have been abused, abandoned, or neglected by a parent and provides a pathway to legal permanent residence even if the child entered without inspection.
     
    In order to be eligible to file an I-360 petition for Special Immigrant Juvenile Status, a minor must first be issued a state court order which finds that (1) they are dependent on the court and/or in custody of a state agency or individual appointed by the court; (2) they are unable to be reunified with one or both parents due to abuse, abandonment, or neglect; and (3) it is not in their best interest to return to their prior country of residence.
     
    If a state juvenile court makes the required findings, then an I-360 petition may be filed with USCIS if the applicant is (1) under 21 years of age; (2) residing in the United States; and (3) unmarried.
     
    Should USCIS approve the I-360 petition and grant Special Immigrant Juvenile Status, an I-485, Application to Register Permanent Residence or Adjust Status may then be filed once the priority date for the approved petition becomes current.  The applicant may also apply for employment authorization while the I-485 application is pending.  Should either USCIS or an Immigration Judge approve the I-485 application, the minor would then officially be a U.S. permanent resident.
     
    As applications for Special Immigrant Juvenile Status are a multi-step process and often involve appearing in state juvenile court as well as immigration court, it is advised that potential applicants consult an experienced immigration attorney.
  • Even with Restrictions Client Obtains F1 Status May 31, 2022

    In response to the ongoing COVID-19 pandemic, several Presidential proclamations have been established to restrict the entry of certain travelers into the United States. While these travel restrictions are intended to help slow the spread of COVID-19, they have unfortunately adversely affected many individuals seeking lawful admission into the United States. Despite these restrictions and the ongoing closure of many U.S. embassies and consulates for visa processing, The Modi Law Firm, PLLC recently managed to assist a Canadian citizen in their admission to the United States as an F-1 student. Unlike citizens of other countries, Canadians may enter the United States under F-1 status without first obtaining an F-1 visa. Provided all other requirements are satisfied, Canadian citizens may be admitted to the United States with F-1 status by presenting a valid passport and I-20 at a port-of-entry. This is particularly useful under the current circumstances due to the limited availability of visa appointments at U.S. consulate offices abroad.

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