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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.

 

  • Citizenship Hearing Leads to Approval Jun 18, 2024
    Our firm recently represented a client in his N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA).  An N-336 application may be filed with USCIS when an applicant for naturalization wishes to challenge the denial of an N-400, Application for Naturalization.  Once an N-336 application is filed, USCIS must generally schedule the applicant for a hearing within 180 days.  However, in practice, USCIS sometimes takes longer than that to schedule the hearing.  Despite its name, the format of the N-336 “hearing” is similar to other types of USCIS interviews.  In our recent case, our office assisted an applicant in overcoming USCIS’ determination that he was ineligible for naturalization due to a break in his continuous residence.  In order to overcome the adverse N-400 decision, we presented evidence of the applicant’s substantial ties to the United States and his intent to not abandon his U.S. residence after unforeseen matters resulted in him being outside of the United States for a continuous period of more than six months.  Upon the conclusion of the N-336 hearing, USCIS issued a new decision which reversed the prior adverse continuous residence determination.
  • TN Approval Jun 18, 2024
    The Modi Law Firm, PLLC recently represented a Canadian citizen in their application for TN nonimmigrant status.  This particular status is only available to citizens of Canada or Mexico who seek to temporarily work in the United States in certain professions.  Unlike some other types of employment-based visas, the TN visa is not subject to an annual quota and may be applied for at any time.  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.  TD nonimmigrant derivative status is available to the spouse and unmarried children under the age of 21 of a TN nonimmigrant. It is advised that individuals who are interested in applying for TN nonimmigrant status consult with an experienced immigration attorney to discuss the requirements and confirm that the intended employment qualifies as a TN profession.
  • Client Awarded Asylum May 6, 2024

    Recently, a pro bono client of The Modi Law Firm, PLLC from Afghanistan was awarded asylum in the United States. Our client, who was evacuated from Afghanistan following the U.S. withdrawal in 2021, sought asylum in the United States due to their fear of persecution in Afghanistan by the Taliban.

    The Modi Law Firm, PLLC took on their case pro bono due to our client’s extreme circumstances: they had to flee their home and country that they had never left at a moment’s notice due to the sudden takeover of Afghanistan by the Taliban. The Modi Law Firm, PLLC assisted our client in filing for asylum, preparing them for their credible fear interview, and attending their interview. Finally, we received the outstanding news that USCIS had granted our client asylum in the United States. Now they may be eligible for permanent residence in the United States after one year of being an asylee.

    If you fear persecution in your home country, you should talk to an immigration attorney experienced with U.S. asylum and refugee law. Please call our office at 832-422-7789 to schedule a consultation if you think that you may be eligible for asylum.

  • Clients Application Approved Early May 6, 2024

    The Modi Law Firm, PLLC recently represented a client in an application for adjustment of status based on an approved K-1 fiancé(e) petition. USCIS currently provides that the estimated processing time for the majority of I-485 applications in Houston, Texas is currently 18 months. Our client's application was approved in approximately 5 months. Therefore, our client's case was approved 13 months earlier than the current processing time.

    The K-1 visa process enables a U.S. citizen to file a visa petition for a fiancé(e) that resides abroad. The first step in the process involves the U.S. citizen submitting Form I-129F, Petition for Alien Fiancé(e) along with supporting evidence to USCIS. Next, upon approval of the I-129F petition, USCIS will forward the case to the National Visa Center (NVC) for consular processing. The NVC then forwards the petition to the appropriate U.S. Embassy or Consulate so that the beneficiary may apply for a K-1 visa. During this process, the beneficiary fiancé(e) will be interviewed by a consulate officer. If approved at the interview, the beneficiary will then be issued a K-1 visa, which allows them to enter the United States. The petitioner and beneficiary must then marry each other within 90 days of the beneficiary's arrival in the United States in order for the beneficiary to be eligible for adjustment of status to permanent residence, which is the final step in the process.

    Please contact our office for a consultation if you have any questions regarding the K-1 process.

  • Change of Status Application Approved by USCIS E-2 Treaty Investor

    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. 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.
  • Release from Detention Released from Immigration Detention, Returned Green Card & Reunited with Wife

    Our client was 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!

  • 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.
  • 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.
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