Immigration Blog

Trade NAFTA Management Consultant Approved

My Contact — Wed, 22 May 2013 09:00:00 -0400

Our client is a Canadian citizen. She has more than 10 years of experience in the field of data analytics.

A United States technology services company that provides professional and consulting services to renowned IT companies desires our client's services as a management consultant. The company wishes to assign our client to work with its clients to provide advice on how information patterns can support sound business decision-making. In view of the fact that our client has extensive experience in a specialty field related to the company's services, we determined that she qualified as a Management Consultant under the NAFTA.

We advised our client what documentation would be necessary to have an application approved. We prepared a compelling application showing her eligibility for Trade NAFTA status as a Management Consultant. We prepared our client prior to her inspection at the port of entry and appeared with her in the even that any issues arose.

Her status was approved without any difficulty.

CONDITIONAL PERMANENT RESIDENCY APPROVED FOR VISA WAIVER CLIENT

My Contact — Mon, 13 May 2013 00:00:00 -0400

Our client is a native and citizen of Italy. She has previously been in the United States on a temporary basis as a J-1 exchange visitor, during which time she met and fell in love with her United States citizen husband. Our client was not subject to the 2-year foreign residency requirement for J-1 exchange visitors.

The couple planned to get married in Italy this summer, and our client’s husband intended to petition for her and she intended to visa process, obtain lawful permanent resident status, and reside in the United Stats. Our client recently returned to the U.S. under the Visa Waiver Program as a visitor to spend time with her fiancé and his family prior to their wedding in Italy.

During this time, our client and her fiancé consulted with our office. We advised them of the lengthy process they would have to go through after their marriage for the adjudication of an I-130 petition and the processing of a visa application by the National Visa Center and the consulate in Italy.

Although our client planned to return to Italy after admission under the Visa Waiver Program to get married, the couple changed their mind because of the potential period of separation. They decided to get married in the United States during our client’s 90-day period of admission.

We advised our client what documentation would be necessary for the concurrent filing of our client’s husband’s petition and our client’s application for adjustment of status, including documentation to prove the bona fides of the couple’s marriage. We prepared all of the appropriate paperwork necessary for the granting of lawful permanent resident status in U.S., as well as an application for employment authorization and permission to travel outside the U.S. that were timely approved. We prepared our client and her husband for their interview under oath with USCIS and appeared with them in the event any problems arose.

Our client’s husband’s petition and our client’s application for adjustment of status were approved without difficulty. Our client is now a conditional permanent resident because she was not married for two years at the time of the application for her lawful permanent resident status. She is now on her way to Italy to celebrate her wedding with her husband and her family.

L-1A Function Manager Petition Approved, Abandonment of Permanent Residence Handled at Border

My Contact — Mon, 06 May 2013 00:00:00 -0400

Our client is a Canadian citizen who is employed as the Senior Lead Hand of a Canadian company that fabricates specialty architectural features. He has more than 21 years of experience in manufacturing and welding, first as a welder, and then as a supervisor. His job duties require him to manage the welding and fitting operations at the company’s production facility.

The company wished to transfer our client to its United States affiliate to manage the welding and fitting operations at the U.S. company’s expanding production facility. As a result of his employment on behalf of the Canadian company, and his proposed employment in the United States, we determined our client qualified for L-1A status as a function manager because no professional employees were supervised by him.

We advised the company what documentation would be required to have an L-1A petition approved on our client’s behalf. We prepared a compelling package for submission at the border under NAFTA. We prepared our client for his inspection so that he would know what types of question could be asked of him to be able to respond appropriately. We appeared with him in the event that any issues arose.

His L-1A status was approved without difficulty. During out initial conference, we also learned that our client was previously a lawful permanent resident of the United States. He lived in the U.S. for a few years before moving to Canada on a full-time basis to live with his wife and child. After departing the U.S., our client never relinquished his Resident Alien Card. However, because he has not lived in the U.S. for approximately 19 years, and had no real contact with the U.S., he had abandoned his lawful permanent resident status as a matter of law.

Because he was still listed as a lawful permanent resident, a formal abandonment of the status had to be made in order for U.S. Customs and Border Protection to approve his Intracompany Transferee (L-1A) status. Prior to presenting our client for inspection under NAFTA, we informed the Chief Inspector at the port of entry that our client wished to relinquish his Resident Alien Card, as well as his permanent resident status, to the Department of Homeland Security, and advised of the particulars which justified the same.

During our client’s inspection at the border, he executed appropriate legal documents ending his lawful permanent resident status. Had this not be done, and had his status been discovered while attempting to enter the United States, he would have been severely inconvenienced and possibly Immigration Court proceedings would have been instituted against him. At the same time as our client, our client’s Canadian citizen wife and children were approved for L-2 derivative status.

We are now in the processing of applying for employment authorization for our client’s wife, and have advised our client and his wife concerning obtaining U.S. Social Security cards, driver’s licenses, and making a Customs Declaration filing when they bring their automobile into the United States.

L-1B SPECIALIZED KNOWLEDGE RENEWAL PETITION APPROVED IN ONE HOUR

My Contact — Wed, 01 May 2013 08:00:00 -0400

Our client is a Canadian citizen. He is employed as Vice President of Strategic Business Development for a Canadian IT consulting firm, and was previously approved in L-1B status on behalf of the company’s wholly-owned subsidiary in the United States.

Following the approval of an initial L-1B petition, a reorganization of the corporate structure took place whereby the U.S. company became an affiliate of the Canadian corporation. The U.S. company desired to continue to employ our client, whose previous employment has been highly beneficial to the company’s growth and success in the United States.

As a result of his employment on behalf of the U.S. and Canadian companies as Vice President of Strategic Business Development, we determined our client remained eligible for L-1B Specialized Knowledge status, and possibly L-1A Executive/Managerial status.

We advised the company what documentation would be needed to have a renewal petition approved on his behalf. We worked closely with the company to expedite the preparation of the petition because our client’s services were quickly needed by the U.S. company.

We prepared a compelling package for submission at the border under NAFTA. We prepared our client for inspection at the border and appeared with him in the event that any problems arose.

His status was approved in approximately one hour. Our client was not required to pay the $500 Anti-Fraud Fee, despite not being able to find the filing fee receipt from the initial L-1B petition.

13th TN Management Consultant Approved In Less Than One Hour

My Contact — Fri, 26 Apr 2013 08:00:00 -0400

Our client, a Canadian citizen, is a successful Management Consultant with over 33 years of experience whose services are contracted for throughout the world. She is under contract to a U.S. management consultant firm that provides consulting services to business, organizations and individuals so that they can improve their effectiveness, develop leadership qualities, operate more effectively and generate more income.

We first started representing our client 14 years ago when we obtained her admission at that time as a Trade NAFTA Management Consultant. We have prepared all of her applications for Trade NAFTA status.

The application we prepared on her behalf was supplemented with 9 exhibits showing her eligibility for Trade NAFTA status as a Management Consultant. We prepared her for inspection at the port of entry and appeared with her when the application was presented. The application was approved for the maximum period of three years in less than one hour without any difficulty.

Trade NAFTA Scientific Technician Approved

My Contact — Fri, 08 Mar 2013 07:00:00 -0500

Our client is a Canadian citizen. He has more than 18 years of experience in the design and fabrication of architectural features.

A United States company that is a specialty fabricator of stainless steel, bronze, copper, aluminum and glass architectural features desired our client’s services as a manufacturing engineering technician. In view of the fact that our client had extensive experience in a specialty field, we determined that he qualified as a TN Scientific Technician under NAFTA.

We advised our client what documentation would be necessary to have an application approved. We prepared him for inspection at the border, and appeared with him in the event that any issues arose. The application was approved in approximately one hour.

At the same time as our client, our client’s wife and children were approved for TD derivative status.

L-1A EXECUTIVE INTRACOMPANY TRANSFEREE APPROVED IN ONE HOUR

My Contact — Fri, 01 Mar 2013 08:30:00 -0500

Our client is a Canadian citizen. He is co-owner of a Subway franchise in Canada and co-owner of another franchise in the United States. The U.S. company required our client’s hands-on presence at this time, to oversee and expand its business operations.

As a result of his employment as President of the Canadian company, and his proposed employment as President of the U.S. company, we determined our client was eligible for L-1A status as an Intracompany Transferee as an Executive. We advised the company what documentation would be necessary to have a petition approved on his behalf. We prepared a compelling package for submission at the border under NAFTA.

We prepared our client for his inspection at the border and appeared with him in the event any problems arose. His L-1A status was approved in approximately one hour.

NONIMMIGRANT WAIVER OF INADMISSIBILITY GRANTED FOR 5 YEARS UPON FIRST APPLICATION

My Contact — Wed, 27 Feb 2013 10:00:00 -0500

Our client is a Canadian citizen and a well respected and successful businessman. Years ago when he was a teenager, he was convicted of two minor offenses which the United States Government claims barred him for life from entering the United States. Because he had business and personal interests in the United States, he retained us to assist him.

We reviewed the situation and researched the law and came to the conclusion that he was not inadmissible to the United States. We had Immigration Court proceedings instituted for the purpose of having an Immigration Judge (IJ) determine his admissibility. After a trial, the IJ agreed with our position and entered an Order to that effect. The Government appealed the Decision to the Board of Immigration Appeals (BIA).

The BIA reversed the IJ and remanded the case to him with instructions limiting his ability to rule in our client’s favor. We had a second trial and the IJ ruled against our client in accordance with the Order of the BIA. This time we appealed to the BIA, and were successful on that appeal, and the BIA this time remanded the proceeding back to the IJ without limiting instructions. We had a third trial.

Again we were successful on our client’s behalf. The Government appealed the IJ’s Decision to the BIA and they again reversed.

At this point, we advised our client not to appeal the BIA Decision to the U.S. Court of Appeals for the Second Circuit, and advised him to apply for a Nonimmigrant Waiver of Inadmissibility and Permission to Reapply for Admission prior to the expiration of the five year life of the Order.

We prepared the Applications, supplemented them with appropriate documentary evidence, and wrote legal briefs on his behalf. The Admissibility Review Office (ARO) in Washington, DC approved the waiver for the longest period of time allowed under the law, namely 5 years.

It is unusual for the ARO to grant for the longest period of time upon the first application. The first grant is usually for one year. However, considering all of the facts and circumstances, the ARO may have found our arguments persuasive notwithstanding the last BIA Decision which was binding upon them. In addition, the ARO granted Consent to Reapply, which means that our client can apply for admission to the United States without having any further delays. Our client is pleased with the result.

NONIMMIGRANT WAIVER OF INADMISSIBILITY APPROVED

My Contact — Thu, 21 Feb 2013 10:00:00 -0500

Our client is a native of India and citizen of Canada. He is a well respected businessman. Unfortunately, in the 1990s, two Removal Orders were issued against him finding him to be inadmissible to the United States for fraud and willful misrepresentation of a material fact. The underlying ground is a lifetime bar preventing admission to the United States. In addition, he was inadmissible to the United States for a period of 20 years as a result of the two Removal Orders.

In 2011, we applied for Permission To Reapply in order to eliminate the inadmissibility as a result of the two Removal Orders, and separately applied for a Nonimmigrant Waiver of Inadmissibility. Both applications were approved which enabled him to enter the United States as a nonimmigrant, but only for a period of one year, which is the usual length of time for which first waiver applications are approved. Our client again retained us to apply for a renewal of his Nonimmigrant Waiver of Inadmissibility. He was no longer inadmissible as a result of the two Removal Orders because permission to reapply had been granted. However, the inadmissibility for fraud remained. We prepared a second application for a waiver, along with our legal brief and written documentation indicating why the waiver should be granted by the Department of Homeland Security.

The waiver was approved for a period of five years, which is the longest period of time allowable for nonimmigrant waivers. Our client is now eligible to apply for admission as a nonimmigrant visitor for business and pleasure and to apply for admission as an Intra-Company Transferee, should he desire to expand his businesses in the United States.

PORT PAROLE GRANTED

My Contact — Tue, 29 Jan 2013 10:00:00 -0500

Our client is a Canadian citizen. He is a respected businessman in his community. Over 30 years ago, he was convicted of possessing one marijuana cigarette, and such conviction has rendered him inadmissible to the United States for life.

Three years ago, he retained us to apply for a nonimmigrant waiver of inadmissibility so that he could legally enter the United States for business and pleasure. We prepared an application for him, which included a legal brief showing why a favorable exercise of discretion should be granted under the law, as well as submitting appropriate documentation concerning his eligibility for a waiver. The application was granted for an initial period of three years.

The three years expired, and our client elected to file an application for a renewal on his own. Unfortunately, the application was not adjudicated by the Department of Homeland Security by the time he was required to enter the United States for a previously arranged trip. He called us in a panic and we made an application for what is known as Port Parole to U.S. Customs and Border Protection. We immediately put together a compelling application with appropriate supporting documentation.

The application was made on a Friday afternoon and his parole was granted early Monday morning. The client was able to enter the United States for his trip as a result.