Posts Tagged ‘adjustment of status’

Successful Writ of Mandamus – EB2 adjustment of status granted.

A great New Year’s gift today – one of our clients whose adjustment of status through EB2 was pending for a long time approached us to file a Writ of Mandamus to force the government to make a decision. Today the government attorneys called us and mentioned that the adjustment of status was approved (note that a Writ of Mandamus only forces the government to make a decision not necessarily approve the petition. In this case they came back with an approval). This means the client is going to get his greencard! – Good Job Shah Peerally Law Firmhttp://www.peerallylaw.com/en/content/view/199/223/ - Case was filed in Northern Federal District Court….

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Another incredibly happy story from the Shah Peerally Law Group team!

In 2007, our law firm was retained to process a labor certification. The client was from the Philipines. After filing the labor certification, it was subject to a labor certification audit. Note that the audit was just a random one. After the audit, the Department of Labor (DOL) wrongfully denied the case stating that the recruitment process missed a certification that the was an internal posting. An internal posting is a requirement in the PERM labor certification process.

A denial was received on the case around 2008. We appealed the case. Attorney Shah Peerally, placed a declaration explaining the internal posting was done and that he has been doing PERM Labor Certification for years and have never had an issue with any internal posting. A declaration was also submitted from the employer stating the same. After two years of struggle the Shah Peerally Law Group PC won the appeal at the beginning of 2011 and the PERM Labor Certification was indeed certified.

Ketki Buddhisagar, Esq

At this point, there was a need to file the Form I-140 (employer’s immigration petition) with the USCIS. There was a major issue with the ability to pay and Attorney Ketki Buddhisagar, Esq. in our office handled the case with so much dexterity and legal knowledge, that we quickly received an approval on the Form I-140. Because the clients is on EB2 category and from a country where the visa is actually available, the client as well as his family are entitled to file the Form I-485, adjustment of status allowing all of them to obtain a work permit (EAD). Note that the client was already entitled to file the Form I-485, adjustment of status, but because of the possible issues with the ability to pay, the client preferred to wait to file for it. Soon we will be filing the adjustment of status and we are confident that at this point we will not have any further issues to obtain a permanent residence for the client and his family.

 

Our law firm is really proud of the outcome of this case because it required a lot of legal knowledge, confidence in our work but also a constant dedication to the client

Congratulations to the client and big cheers to attorney Ketki Buddhisagar, Esq. for work well done. Good job Ketki, keep it up!

For more information on the labor certification process, Form I-140 or adjustment of status, feel free to call us on 510. 742.5887.

*Important: The testimonials or endorsements on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Each case is different and success in one case does not warrant or guarantee success in other similar cases or situations.

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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How is a typical interview at the Immigration Office conducted?

This is a short guide about a USCIS regular interviews. It does not include any sort of “special” situations. Many of our clients are fearful on this day especially because it is at the discretion of one person. I have compiled few things that happens at this interview to help.

The interview process (using the sample of a marriage family petition)

In most marriage cases done under adjustment of status, the USCIS will conduct an interview of the couple at the local office. You will be notified of this interview with an I-797 notice. The interview notice will usually tell you about the documents you should bring at this interview. The interview is conducted in a regular office (not a court) with an immigration officer. If you are represented by an attorney (counsel), the attorney will be allowed inside the office by your side.

What will happen during the interview?

I am using the example of CA (Bay Area) local offices. Each office might have a different procedures: 1. You will be sworn in; 2. Officer will go over the documents and see if there are any corrections. Usually corrections will be marked in red and you will have an opportunity to review the corrections or notes before you sign that you have reviewed. Note that your attorney if present will also be premitted to view the corrections. 3. Then often you will be asked question how you met your spouse and regular questions about your marriage. 4. The officer usually also asks for proofs of marital relationship e.g. bank accounts, lease agreements, insurance, utility bills, pictures, etc. 5. If the officer is satisfied, and all the checks are done, they might give you an approval at this point. However, in most cases, they will put under review by a supervisor and give you an answer within few days after the interview.

What happens if the officer is not satisfied?

If the officer is not satisfied, the officer might ask to separate both of you and start questioning you independently to know the validity of the marriage. This happens usually when they suspect marriage fraud. Note that you can ask to stop the interview at any time. The officer can also call your spouse and you for another interview. Since this legal was limited to a “typical” case, we will not cover marriage fraud interview in this legal guide.
Additional Resources

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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