this is a good time for us hopefully uh to assess how much we know to learn keep learning right we never stop learning it’s just a way for us to make sure that we don’t have knowledge gaps right especially since a lot of us we’re like elevating ourselves into consultations and also to to get confidence get a confidence you guys know a lot more than you think first question am one student admitted under DS violated her status on March 1st 2020 USI discovered the violation while adjudicating her request for exchange of status Deni her request on August 1st 2020 when did she be to acrw a mulle status B August 2nd 2020 the day after USA is denied a request for change of status so for F1 student anyone who’s entered on DS the unlaw presence actually begins after usdi is.
Determined you have violated your status or an immigration judge we had a policy change on this actually uh during the Trump Administration where they said it’s actually on the data violation and then it was litigated overturned so we’ll see what happens but that’s the current policy Lily was admitted to the us as a non-immigrant with the form my 94 that expired on January 1st 2009 but in October 5th 2008 she properly applied for adjustment status she did not file any application to extend her non-immigrant stay she remained in the US after the 94 expired which of the following best descript your Curren circumstan it’s c c she doesn’t have status but she’s not a growing un presence because she has a pening for you correct and why is she not in lawful status is because when you’re in lawful status that means you have lawful non-immigrant status so.
Technically when you file a 45 you’re in a period of authorized day so that means the Attorney General is saying you can stay in the United States but does that mean you have lawful status no right you’re only in loveful status if you’re 9 hasn’t expired yet so that’s why we advise a lot of our clients if you have underlying status try to extend it if possible because you never know what happens if your 485 gets denied even incorrectly right and you want to follow a motion to reopen the moment you’re 485 guest tonight you don’t have level status in the US unless you have an underlying one so the second part of this is that we want to share all the wonderful things that we did over the past year so celebrated each other’s successes but also just as importantly we want to learn from each other right.
Because if we just keep that knowledge to ourselves then we can’t really grow themm Amy she did an na3 case the thing is a lot of people try to do na3 on their own and it gets denied but Amy did it and it got approved so what she wanted to share and teach everyone is that just because the law is there na A3 right you’re a mother you gave birth abroad you come back in other people have been successful of course my child should be able to get a green card that’s not always the case still up to the officer so still should prepare a good entry package I wanted to talk about a case we did recently with Grace our client is currently on L1 they wanted to file for an eb1c petition and they’re an executive at a fintech company background on the case itself is the client previously filed for eb1a twice they were denied when we got the.
Case we looked at the previous filings that were denied or were issued an RF Fe and we noticed that they didn’t really take into account what was filed higher and I think it’s really important to remain consistent across previous filings just because that’s something that could create an issue later on if an officer were to review you know the overall background of that client’s immigration history and in the end the case got approved within I believe a week it was really fast processing if we are working on cases and we know that the client has previous immigration history I think it’s really important to look at previous cases and just their overall history cuz sometimes we’re just filing case we might not look into their entire past and we might realize maybe they violated something like it’s important to figure out the best way to approach that if.
There is some sort of violation for our client he had a green card and he had been abroad in Argentina for about 6 months and then when he came through um CBP in Texas he was um questioned and I believe previous like CVP officers had told him to apply for i131 before so they kind of saw his case history and because he hadn’t they basically ended up confiscating his green card he was elderly he spoke Spanish he answered all the questions wrong and then they they basically keep a record of all his questions so we got to see all of like the really incriminating feedback that he gave them so we tried to contact the CBP offices and then we also reached out to the i47 department and then we also filed an I90 and with the I90 he was able to get his new green card so I think the lesson is that you can try multiple things at once because you don’t know what’s going to.
Work this was for an applicant who entered the US without inspection in 2004 he stayed ever since he married his wife who was a US citizen in 2018 and then filed for a waiver of unlawful presence in 2020 for the initial filing the extreme hardship arguments mainly focused on the fact that her parents passed away from cancer and after her parents deaths she suffered from a pretty serious car accident in 2019 and the challenging part for this case was that they lacked a lot of financial documents they basically had nothing with both their names on it regarding their finances because of that USIS issued an RF in January of 2024 from the RF they basically explained that what was initially submitted did not substantiate extreme hardship especially in the financial and the medical Parts I worked on the RF response for this basically the only thing.
They gave us I believe were W2s and tax returns so I had to lay it all out on the table and I noticed between 2019 and 2020 there were a huge discrepancies in their incomes and I kind of connected it back to the fact that it was because of the car accident she was unable to work for the entire year and because of that car accident they lost about $25,000 in income of their previously total 50,000 and we used we had to actually use these hard numbers to prove that she had to rely solely on his income and she had no other means of making a living because of her car accident and then because she was putting herself through physical therapy as well after sending in the RF the case was approved a month later well I learned that even if you’re given a case that lacked a lot of substantial documents.
You kind of learn to be creative and flexible enough to make the evidence work for you for yourself so in in our industry in this map that we live in where there’s Bad actors that try to defraud clients where there’s government agencies that are unpredictable how do you survive in this game for the long run in my opinion my style is when I talk to clients my goal is not to tell you yes or no my goal is to share with you what I know my knowledge to help you assess the situation I’m not sales trying to earn your money I’m not trying to like Swindle you I’m teaching you so we can go through this journey together and win and when we win we win as a team I’m honest I’m transparent the world is already super complicated that is is how we’ve built this firm we have the blessing that there’s so many different people in different areas business immigration family.
IM immigration consulate work border work that we get to experiment and learn so we have a very unique company it might not be for everyone but at least that’s the way I build it because of the industry that we’re in you cannot learn everything and even if you do know everything within a year everything will change and you have to relearn everything and even if you do know everything do you have the time to do everything you can’t so the best way is to develop a whole team of people and everybody does what they’re best at I hope you guys saw that today