Case Victories

Client had come to the U.S. as a child on a valid visit visa but overstayed his status. He was arrested and placed in removal proceedings, but he was also married to a U.S. citizen. With an approved I-130, Attorney Furqan filed his application for adjustment of status with the immigration court. He presented evidence of the hardship his wife and children would face if client were deported. Even though client had a criminal record, including aggravated assault, the judge granted the I-212(h) waiver and client was able to adjust status to a lawful permanent resident. Eventually, we filed his I-751 which was also approved.

Our clients, citizens of Iran, are husband and wife. They always travel together, and while they were permanent residents, they took a trip of 182 days. When they applied for U.S. citizenship, USCIS denied their applications arguing that they had broken the continuity of their residence. Attorney Furqan was hired to file N-336 appeals on both applications. He argued that the regulations do not list a specific number of days that would break the continuity of residence, but instead they make reference to “6 months” and that 6 months could include all the way up to 185 days, depending on the time of year. Based on these arguments, and the evidence presented, USCIS reversed both cases and they were able to become U.S. citizens.

Our client, a citizen of Pakistan, entered the U.S. illegally by crossing the U.S.-Canadian border. He had been arrested for various petty offenses, and was placed in removal proceedings where he ultimately received a removal order. He was then arrested and detained. Client’s wife had a pending I-485 application with a visa available, but USCIS had not yet approved the case. Attorney Furqan was able to get the wife’s I-485 approved, and since she was eligible to adjust under 245(i), that same eligibility was transferred to her husband. Attorney Furqan was able to come to an agreement with Immigration and Customs Enforcement to reopen the husband’s case and terminate it, so that he could become a permanent resident through USCIS, which is what ultimately happened.

Client hired Azhar & Azhar Law Firm to respond to an I-140 RFE. Attorney Furqan helped client respond to this RFE and client was able to adjust through 245(i). Client’s spouse, however, was unable to adjust with her as he had an outstanding order of removal. Attorney Furqan filed a joint Motion to Reopen and Dismiss in order to allow client’s spouse to file his I-485 application with USCIS. The motion was granted, and client’s spouse was able to file an I-485 green card application with USCIS. He ultimately became a permanent resident too.

Our client, a citizen of Eritrea, was a former member of the Eritrean military. After having left the military, he formed a musical group that produced songs that were critical of the Eritrean government. The government then arrested him, and after he was able to flee the country, they arrested his wife. He then hired Attorney Furqan and filed for asylum. After the interview, the Houston Asylum Office approved his case.

Client, a citizen of Albania, entered the U.S. in the late 90’s as a refugee. He then became a permanent resident, but only months after having obtained his permanent residency, he was convicted for the Unlawful Possession of a Weapon (UCW). Ten years later he applied for U.S. citizenship and was denied as having been deportable from the U.S. He hired Attorney Furqan who filed a new I-130 for him, since he was married to a U.S. citizen and had 2 U.S. citizen children. The I-130 was approved, and a 42-A application was also filed with USCIS, so that our client could seek Cancellation of Removal for Permanent Residents. Attorney Furqan then convinced the government attorney’s office that based on the numerous positive factors in this case, and the likelihood of success in court, they might consider withdrawing their prosecution and allow our client to re-file his citizenship application. The government attorney’s office agreed to withdraw their prosecution of the case, and our client was free to re-file his citizenship application with USCIS.

Our client, a citizen of Iraq, had worked as a translator for the U.S. military. After his asylum case was denied in Sweden, he was sent back to Iraq. Once the situation in Iraq deteriorated again, he was afraid that the Shia extremist groups that ran Iran would learn of his previous employment with the U.S. military, and therefore try and kill him as a reprisal. After he was able to secure a visit visa to the US, a bomb exploded outside his house, and he felt no choice but to file asylum. Attorney Furqan filed his asylum application, and USCIS approved it.

Our client, a citizen of Liberia, had entered the U.S. on a B-2 visit visa. Prior to entering the U.S., she had been a victim of Female Genital Mutilation (FGM), and Attorney Furqan filed her I-589 asylum claim. While her asylum case was pending, DHS designated Liberia as a Temporary Protected Status (TPS) country based on the threat of the Ebola virus. One week before client’s final trial, her TPS application was approved. Attorney Furqan and the DHS attorney then agreed to administratively close her case, and the judge also agreed to do so.

Our client, a citizen of India, was a permanent resident. He was arrested for DWI and Attempted Cocaine Possession and was convicted of both crimes. Though the controlled substance offense rendered him removable from the U.S., Attorney Furqan was able to secure his U.S. citizenship.

Azhar & Azhar Law Firm secured the approval of an I-140 petition in the EB-1A category (alien of extraordinary ability) for a cricket player from Nepal who competes professionally in the U.S. The applicant captained the Nepal Under-19 national cricket team, had several match winning performances, including centuries, in many national level tournaments, competed internationally on behalf of Nepal, and has already been regarded as one of the best players on the U.S. national cricket circuit. After two rounds of RFE’s, including merit based and procedural issues regarding how professional cricket is viewed in the U.S., attorney Noaman was ultimately able to overcome USCIS’s concerns and earn the I-140 petition approval for our client. Our client could now apply for U.S. permanent residency and train and compete with the hope of being selected to play on the U.S. national cricket team.

Attorney Noaman secured the approval of an O-1 visa as an alien of outstanding ability in the field of athletics for a professional bull rider from New South Wales, Australia. Our client has been competing professionally in the field of bull riding since 2005. He was previously an Australian rookie bull riding champion, an Australian bull riding champion (the top bull rider in all of Australia), and has enjoyed a top 50 world ranking since competing professionally in the United States. Our client has been featured in several national rodeo magazines in the United States and his home country of Australia. With his approved status, he was given the opportunity to compete professionally in the U.S. for the next 3 years with the goal of winning a world championship in the field of bull riding.

Our client, a citizen of India, arrived in the U.S. in 1991 as a visitor. His employer filed an I-140 for him in 2007, but it was denied by USCIS, so he was referred to immigration court proceedings. Our client hired Attorney Furqan to represent him in deportation proceedings. Attorney Furqan convinced the government attorney and judge to administratively close his case until client’s U.S. citizen daughter turned 21. When his daughter turned 21, Attorney Furqan filed an I-130 for the client via the daughter, which was approved, and after 20 years in the U.S., our client was finally able to become a permanent resident when the judge granted his I-485 application.

Our client, a citizen of India, had previously filed applications to qualify himself as an alien of extraordinary ability in the athletics through another law firm. Unfortunately, those applications were denied, resulting in our client having to leave the country. Upon returning to the United States he consulted with attorney Noaman who prepared his application for an O-1 visa. Attorney Noaman argued that our client had not only met the qualification requirements based on past success in India (winning almost every major karate competition in his home country and representing his country internationally at several global karate tournaments while winning multiple gold medals), but also satisfied the requirements having had immediate success in the United States. This included winning the USA National Karate Championships and the Pan American Games while earning a bid to compete in the upcoming World Championships. The O-1 visa was approved under premium processing within 4 days. Our client continues to train in Arlington, Texas while competing on the international karate circuit.

Our client, a citizen of Mexico, had come to the U.S. when he was just 2 years old. He applied for Deferred Action for Childhood Arrivals through a notario, and USCIS denied it. Client hired Attorney Furqan, who re-filed the application with a detailed cover letter outlining our client’s eligibility, along with additional proof of client’s presence in the U.S. USCIS finally approved the application after an RFE, and granted the work authorization for 3 years.

Our client, a citizen of Jordan, came to the U.S. to complete a residency program as he was a foreign medical graduate. He married a U.S. citizen and then had a U.S. citizen child. Attorney Furqan filed the J-1 waiver with the U.S. State Department (DS-3035) and USCIS (I-612), and both were approved. The waivers were based on Jordan’s country conditions and the client’s financial hardship, but most importantly, the wife’s severe allergy condition and the child’s Microcephaly, a medical condition characterized by an abnormally small head.

Although USCIS had recently changed their guidelines in adjudicating O-1 visa applications, making it increasingly difficult for professional athletes to come to the United States in O-1 status, attorney Noaman secured an O-1 visa for our client, a professional karate athlete who currently trains in Irving, Texas. Attorney Noaman was able to prove that our client qualified for the O-1 as he had secured multiple Gold Medals at national and international competitions in India and internationally. He is a 5th Degree Dan Black Belt in Karate and has won several national karate competitions, as well as several Gold Medals in India. Our client could now train to compete for a Gold Medal at the USA National Karate Championships, as well as in international competitions throughout the world.

Our client, a citizen of Nepal, came to the U.S. as a visitor. He changed status to a student and then to L-1A, and finally applied for asylum. The asylum application was referred to court, and the judge granted the asylum application after Attorney Furqan and the government attorney came to an agreement on the case. The judge was initially concerned about whether our client had filed his application within 1 year of arriving in the U.S., but after hearing oral arguments from Attorney Furqan and the government attorney, the judge agreed to approve the case. An I-730 was then filed to bring client’s spouse to the U.S., and both are now permanent residents.

Client, a citizen of Nepal, had entered the U.S. on an F-1 visa and overstayed. He then filed for asylum in San Francisco, CA. Client married a U.S. citizen, and hired Attorney Furqan to file the I-130 for him, via his U.S. citizen wife. After an interview, the I-130 was approved, and ICE agreed to terminate client’s case in order to allow him to become a permanent resident through USCIS.

Our client, a citizen of Jordan, had entered the U.S. when he was just 13. He had a conviction for Simple Possession of Marijuana and a deportation order. Now 25, he was detained by immigration officials and set to be removed from the U.S. Attorney Furqan filed a Stay of Removal with the ICE Enforcement and Removal Operations (ERO), and presented a copy of the DACA application and fees that he intended to file with USCIS. Client, who was scheduled to be removed the next day via plane, was released from detention by ICE, and the DACA application was filed. Despite multiple criminal convictions, including possession of marijuana, his DACA application was approved.

Our client, a citizen of Ethiopia, applied for asylum based on political persecution in his home country. The judge denied the case and stated that because he had traveled through other safe countries in order to get to the U.S., but never applied for asylum there, he was not eligible to file in the U.S. Attorney Furqan argued on appeal that the client was still eligible, and the BIA agreed, remanding the case to the Dallas Immigration Court.

Client, a citizen of Sudan, represented himself in deportation proceedings. He was told by the judge that he was required to file his relief application, but client failed to do so by the deadline and was therefore ordered removed from the U.S. Client hired Attorney Furqan, who then filed the appeal with the BIA. After recovering a copy of the court transcripts and file, Sunny was able to argue that the judge’s instructions were ambiguous, and the BIA agreed. The BIA vacated the removal order and ordered the judge to clarify his instructions to the client, thus affording the client a second chance to seek relief.

Our client, a citizen of Nepal, received an approved Violence Against Women’s Act (VAWA) petition after her husband had been found to have forced her into illicit acts and physically assaulted her. Client’s husband also defamed her on the internet, but after a 2 year wait and on-going lawsuits against the husband, USCIS finally approved her VAWA application and her green card application.

Attorney Noaman received approval on an I-601A for a Mexican national who had a wife and 5 children in the U.S. (biological and step-children). Evidence that helped the case included a mental health evaluation report from a professional psychologist, medical evidence including children’s medical problems (dyslexia, chronic respiratory illnesses), and financial hardship.

Attorney Noaman received approval on an I-601A for a Mexican national who had lived in the U.S. since 2004 and had a wife and 2 children in the U.S. Evidence that helped the case included a mental health evaluation report from a professional psychologist, medical evidence including children’s medical problems (dyslexia, chronic respiratory illnesses), and financial hardship.

Attorney Noaman Azhar received approval on an I-601A for a Mexican national who had lived in the U.S. since 1996 and had a wife and 4 children in the U.S. (biological and step-children). Evidence that helped the case included a mental health evaluation report from a professional psychologist, medical evidence including children’s medical problems (dyslexia, chronic respiratory illnesses), and financial hardship.

Our client, a citizen of Pakistan, married a US citizen and obtained conditional permanent residency. However, the marriage fell apart and they ended up getting a divorce. After the divorce, the U.S. citizen spouse filed for an annulment arguing that the marriage was never viable. The family court judge denied the request, and the transcripts from that hearing were included as part of our client’s I-751 application. After a taped interview at the local USCIS office, the case was approved and our client had the conditions of his permanent residency removed.

Client, a citizen of Senegal, entered the U.S. on a visit visa in the 1980’s and overstayed his status. He later applied under LULAC and took advanced parole to leave the U.S. and then re-enter. After his U.S. citizen daughter turned 21, Attorney Furqan filed his adjustment of status application under INA 245(a). USCIS delayed the application for months, but finally approved the case consistent with the BIA precedent setting case of Matter of Arrabally and Yerrabelly, which held that an individual who leaves the United States pursuant to a grant of advance parole does not trigger the ten-year bar for unlawful presence under INA § 212(a)(9)(B)(i)(II) for having been unlawfully present in the United States for more than one year.

Our client, a citizen of Iran, spent over 5 years in Turkey as a student, and was granted a “Resident Permit” while there. She then came to the U.S. and applied for asylum. The case was referred to the Dallas Immigration Court, and before the final hearing, Attorney Furqan was able to obtain a letter from the Turkish Embassy in the U.S. that stated that our client was not granted or offered any sort of permanent status in Turkey. Therefore, the government attorney and judge agreed to grant the asylum case and our client was able to overcome the “firm resettlement” issue found in Matter of A-G-G.

Client, a citizen of Nigeria, had entered the U.S. on a fake passport in the early 2000’s. He was able to become a permanent resident based on marriage to a U.S. citizen and the grant of an INA section 212(i) waiver. He then divorced his wife and remarried another U.S. citizen. When he applied for U.S. citizenship, the government charged him with having committed marriage fraud, and placed him in deportation proceedings. With a new I-130 approved, based on his current marriage to a U.S. citizen, the government attorney agreed to terminate his court case so that he could proceed with “re-adjustment” before USCIS. The court granted the termination order, and client’s I-485 was ultimately approved by USCIS.

Our clients, one a U.S. citizen and the other a Canadian national, had been dating for years, and were considering getting married. As the U.S. federal government had not yet recognized marriage between same-sex couples, they had initially planned to live in Canada, since Canada did recognize such a marriage. However, when the Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional, President Obama directed federal departments (including USCIS) to ensure the decision and its implications for federal benefits for same-sex legally married couples were implemented. Therefore, they decided to get married here and live in the U.S., which was their preference. Attorney Furqan filed the adjustment of status application and within 3 months the beneficiary had been interviewed and approved for permanent residency.

Client, a Jordanian national, had come to the U.S. on a visit visa when he was just 16. At age 19, he married his U.S. citizen spouse. However, he could not adjust his status to permanent residence because he had been convicted of Simple Possession of Marijuana, under 30 grams, and that made him inadmissible. Therefore, he had to apply for a section 212(h) hardship waiver. The judge and government attorney considered the various hardships in their case. Attorney Furqan was able to show that the wife had ongoing medical problems, with a report from a licensed professional counselor detailing the wife’s emotional dependency on her husband. Additionally, they had 2 U.S. citizen daughters, he owned a business and employed two workers, and they had financial hardship in the form of medical bills and a mortgage. Further, the medical exam indicated that he had no substance abuse problems. Ultimately, the judge approved the case, and client, after 13 years in the U.S., finally received permanent residency.

Client was on probation for Felony Theft and Felony DWI when she was arrested for Public Intoxication. Client was released from jail on the Public Intoxication, and the District Attorney filed motions to revoke in both felony cases and issued a warrant for client’s arrest. Client was facing up to 10 years jail-time. Client hired Azhar & Azhar Law Firm, hoping to get the probation extended without having to go to jail. In a single unscheduled hearing, attorney Nick Howard was able to get client discharged from probation on both of the former cases and substantially reduced outstanding court fees. Client served no jail time.

Our client, a citizen of Ethiopia, was granted asylum in the U.S. in 2001, based on his political activities. He filed his I-485 application in 2006, and his wife and children were all approved. They eventually went on to become U.S. citizens as well. Meanwhile, our client’s case was pending because USCIS believed that he was associated with the Oromo Liberation Front (OLF), which may have been associated with terrorist related activities. INA 212(a)(3)(B). After Attorney Furqan’s numerous attempts to clarify with DHS Respondent’s non-violent involvement, USCIS finally approved client’s I-485 application.

Our client, a citizen of the U.S., filed an I-129F Fiancé petition for her fiancé in Morocco. That I-129F was approved, but at the interview, the consular official believed that the beneficiary was only coming to the U.S. to seek better employment opportunities. Then, our client went to Morocco again and the two were married. She subsequently filed an I-130 petition for him, now as her spouse, but before an interview, USCIS denied that application, as they did not believe in the legitimacy of the marriage. That I-130 was taken up on appeal before the BIA, but the BIA dismissed it as well. Attorney Furqan re-filed the I-130 with a wealth of evidence to support the relationship, including evidence of the many trips that she had taken to Morocco over the last 3 years. USCIS finally approved the I-130.

Client, a citizen of Eritrea, fled his country fearing that the government of Eritrea was going to force him into the national military. Our client opposed the political activities of his government and was morally opposed to the wars that the Eritrean government was fighting. While in Egypt, he participated in peaceful demonstrations outside the Eritrean embassy. He came to the U.S. as an F-1 international student and applied for asylum. Attorney Noaman litigated his case in immigration court, and the government opposed the case. Though our client was the only witness, the judge found him to be credible and approved his asylum case. This was a particularly important victory since asylum law generally does not cover “draft dodgers.”

Client had come to the U.S. as a child and became a Legal Permanent Resident. In his mid-20’s he was convicted of 2 simple drug possession crimes. He then relapsed and violated the terms of his probation. After having completed his probationary period, he went to South Korea and visited his family. Upon his return, he was detained at the border as having been admissible. Due to the nature of his crimes, he was not eligible for bond, so he had to stay at the Rolling Plains Detention Center in Haskell, TX during the course of his case. Attorney Furqan applied for a 42-A Cancellation of Removal application and was able to show that his client had been sufficiently rehabilitated. Further, he had family and friends in the U.S., and a stable and consistent employment history. The government attorney and judge agreed that our client was deserving of the relief, and granted the case. Client was released the same day.

Client, a citizen of Nepal, sought asylum in the U.S. after having been persecuted by the Maoists because of her pro democratic viewpoints and membership in the Nepali Congress. She was a prominent figure in Nepal because she was a model and because she hosted a talk show in which she often times criticized the Maoists. The Houston Asylum Office approved her case based on the past persecution that she had suffered at the hands of the Maoists, who had previously detained her, tortured and raped her, in order to send a message to her to stop her anti-Maoist demonstrations.

Client is a citizen of Ethiopia and was born into an Oromo family. While in Ethiopia, he was politically active with the OLF and was subsequently granted asylum in the U.S. In 2006, he applied for permanent residency. His wife and children subsequently were approved for permanent residency and U.S. citizenship, but USCIS did not approve our client’s case because the U.S. State Department was concerned about whether the OLF was considered a terrorist organization. As a result, our client’s case was pending based on INA § 212(a)(3)(B). Client hired Azhar & Azhar Law Firm, and Attorney Furqan wrote a detailed letter to USCIS which discussed our client’s non-violent activities, as well as the fact that the State Department had not designated the OLF as a Foreign Terrorist Organization. Shortly thereafter, USCIS approved our client’s I-485 application.

Client and daughter had fled Mexico because they feared the drug cartel, Los Zetas. They made a credible claim for asylum at the border and were paroled into the U.S. in order to pursue their asylum application. The asylum application was ultimately denied by the immigration judge because he believed that they were being persecuted because of their money, and that did not qualify for asylum. While the case was on appeal before the Board of Immigration Appeals, client married her spouse and was able to get I-130’s approved for her and her daughter. They were then able to become permanent residents, after a nearly 5-year wait.

Our client was indigent and was taking care of her 5 children with little to no financial support from her ex-husband, the father of the 5 children. Our client was divorced in Minnesota and retained custody of the 5 children. The ex-husband filed suit in Dallas, TX in an attempt to modify orders and obtain primary custody of the 5 children, despite the fact that he had been physically and verbally abusive in the past. Attorney Farah filed a special appearance stating that Texas did not have jurisdiction. The ex-husband tried to challenge Minnesota’s jurisdiction. The Family Court judge in Texas hearing the case ordered that Minnesota retained jurisdiction and our client was able to keep primary custody of her children. Further, she was able to get an increase in child support in light of taking care of 5 children on her own.

Client, a citizen of India, was convicted of a domestic violence offense within 5 years of having become a permanent resident. He was placed in removal proceedings as a result. Attorney Furqan filed an I-130 for him, via his U.S. citizen wife, which was approved. At an individual trial, the immigration judge approved client’s re-adjustment application and criminal hardship waiver (INA 212h), based on the fact that client’s crime was one isolated incident, he was still married to his wife, they had a U.S. citizen child, he was gainfully employed, and he employed other U.S. citizens. Attorney Furqan then re-filed client’s citizenship application, which was approved. Client has now been able to sponsor his elderly parents for U.S. permanent residency.

Client, a citizen of South Africa, had been denied an EB-3 I-140 because he did not have the equivalent of a 4-year bachelor’s degree. Attorney Furqan appealed the I-140 denial to the Administrative Appeals Office, and it stayed on appeal for 4 years while he was able to renew his H-1B’s in 1-year increments beyond the initial 6 years. Meanwhile, his daughter, who was on H-4, married a U.S. citizen, became a conditional permanent resident, and after her I-751 was approved, she eventually became a U.S. citizen. She then applied for her parents to become permanent residents, since they were now considered “immediate relatives,” and our clients became green card holders.

Client was an IT consulting company whose H-1B for one of his employees was denied by USCIS. Client hired Attorney Furqan to file an appeal to the Administrative Appeals Office (AAO). The appeal was filed, and it included a contract between the client and the ultimate end-client, where the Beneficiary was going to work. The AAO considered this new evidence and reversed the decision, thus granting our client the H-1B visa for his employee.

Our client is a citizen of Ethiopia who suffered past persecution on account of her gender and military service. The Houston Asylum Office and the Dallas Immigration Court both denied her case. Client then hired Azhar & Azhar Law Firm and Attorney Furqan filed an appeal arguing that gender based persecution can qualify for asylum. The Board of Immigration Appeals agreed with Attorney Furqan’s arguments and reversed the decision of the immigration judge. Our client was then granted asylum, even though gender based asylum claims continue to be an evolving area of law.

Our client, born in Kuwait and a citizen of Pakistan, had entered the U.S. on a J-1 visa. Though her DS-2019 stated that she was subject to the INA section 212(e) 2-year home residency requirement, we requested an advisory opinion from the U.S. State Department. They stated that she was NOT subject to the requirement, since she received no funding from any foreign government. We were then able to obtain approval on a National Interest Waiver approval, since she was working as a Research Scientist, and had proven herself to be an outstanding researcher in the field of Microbiology. Specifically, her continued work and research in biomedical science, microbiology and immunology would help the U.S. in the areas of infectious diseases, public health, and disease modeling.

Client was the beneficiary of an EB-3 I-140 (India) with a 2007 priority date. He had been renewing his H-1B status, and his family was renewing their H-4 visas. Client has a pending I-485. One of his children was close to turning 21. Attorney Noaman was able to obtain approval of an EB-2 labor certification, and Attorney Furqan was able to obtain approval on the I-140. The 2007 EB-3 PD was ported to the EB-2 I-140, and a request to interfile the I-140’s was filed. Also, I-485’s were filed for the derivative family members, as the visa was now current. Client and family soon became permanent residents, including the child who was soon to become 21.

Our client is a company that provides resources to buy, sell, and rent homes. Attorney Noaman completed a labor certification for their prospective employee, an Art Director, to assist in the interior design and marketing efforts. Attorney Furqan filed the I-140 and USCIS approved it, despite the fact that the company had just 1 employee on their payroll.

Our client, a citizen of India, had a pending I-485 that was soon to be denied, since she applied as a derivative and the principal beneficiary would be adjusting her status based on a separate petition. Therefore, Attorney Furqan filed a DACA application for her, as she was eligible for it. Attorney Furqan argued though that her pending I-485 did not place her in legal status, since she had to be out of status as of June 15, 2012, per the DACA regulations. The argument was based on INA section 245.1(d), which makes no reference to a pending I-485 as lawful immigration status, as well as the recent 7th Circuit decision that holds that a pending I-485 is not “lawful status,” Chaudhry v. Holder, No. 11-3350 (7th Cir. 2013) (citing 8 U.S.C. § 1101 and 8 C.F.R. § 245.1). The DACA application was thereafter approved.

Our client, a citizen of Mexico, had been approved for an L-1A visa. When he presented himself at the border for admission into the U.S. in L-1A status, he was accused of having immigrant intent. He was handcuffed, his L-1A visa was revoked, and he was then sent back to Mexico. Attorney Furqan filed a CBP FOIA request and made a formal complaint with the CBP border office where this occurred. The supervisor immediately issued a written apology for the treatment of our client, particularly because L-1A visas are dual intent visas, thus allowing for immigrant intent. The letter also recommended our client be granted an L-1A visa again, and the visa was thereafter re-issued.

Client was a member of the Pakistani political group, PML, and he had suffered past persecution from the PPP, another political party in Pakistan. However, he was granted a “Residence Permit” by the U.K., and therefore the immigration court found that he had “firmly resettled” in a third country, and was therefore precluded from a grant of asylum. The immigration court also denied his claim for Withholding of Removal under the Convention Against Torture. Attorney Furqan appealed the decision to the Board of Immigration Appeals (BIA), and the BIA reversed the court’s finding and instructed the judge to grant our client Withholding of Removal, since there was no fundamental change in the country conditions of Pakistan that would justify denying this relief, irrespective of our client’s firm resettlement in the U.K.

Clients were permanent residents of Canada and traveled to the U.S. via train. They had no proof of their lawful entry, apart from the train tickets. Their child, now over 21 and a U.S. citizen, filed for their permanent residency. Attorney Furqan provided to USCIS the train tickets and argued that this case was analogous to recent Board of Immigration Appeals (BIA) precedent decisions that allowed for adjustment of status in situations in which the person was waived into the U.S. This, combined with the fact that the CBP FOIA came back with no results, was enough for USCIS to approve both cases.

Our client, a citizen of Nepal, had his SEVIS suspended in January of 2011 following the closure of Tri-Valley University. However, Attorney Furqan secured the approval of our client’s F-1 reinstatement with USCIS and argued that our client’s failure to maintain his SEVIS was for “technical” reasons by virtue of the fact that the school that he applied to, Tri-Valley University, closed down through no fault of his own. INA § 245(c)(2); 8 C.F.R. § 1245.1(d)(2)(ii). The attorneys further argued that the circumstances that prevented our client from satisfying the terms of his F-1 status were exceptional and that our client has no history of repeated or willful USCIS violations. USCIS then approved the reinstatement. Client then married a permanent resident, who filed an I-130 for him in the F-2A category. Since he was now able to maintain his non-immigrant F-1 status, he was able to become a permanent resident once his visa became available.

Our client, a Mexican national on a TN visa, applied for permanent residency as a derivative, based on an EB-2 I-140 that had been approved for his spouse. While interviews in this case are normally waived, he was scheduled for an interview because he had previously been convicted of Solicitation of a Prostitute. At the interview, Attorney Furqan provided the officer with the Board of Immigration Appeals (BIA) cases which established the precedent that solicitation offenses are not Crimes Involving Moral Turpitude, and even if they were, it would fall under the “petty offense exception.” The green card application was approved shortly thereafter, without the necessity of a waiver.

Our client, a Mexican national on a TN visa, married a U.S. citizen and they had a child together. After the marriage, the couple attended marriage counseling sessions, but ultimately the marriage was irreconcilable and the couple divorced. Attorney Furqan filed the I-751 based on a good faith waiver exception, and the case was approved without an interview. Client was granted a full 10-year green card.

Our client, a citizen of Pakistan, came to the U.S. on a B-1, Business Visa. He then invested approximately $250,000 into a new trucking company that he had started. The majority of the investment went into the various trucks, which cost approximately $30,000 apiece. USCIS sent a Request for Evidence regarding the source of the money to be invested, but client was able to prove that his money originated from his lawful employment in his home country, and the E-2 was approved.

Having played professionally all over the world, including Belgium, Swaziland and Canada, our client amassed considerable accomplishments and notoriety. As a result, our client qualified for the O-1 visa category as an alien of extraordinary ability in the athletics, having been recognized on the national and international stage through many major print and media outlets, receiving nationally recognized prizes and awards for excellence, and playing a critical role for an organization with a distinguished reputation. 8 CFR § 214.2(o)(3)(iv). Attorney Furqan was initially able to secure his O-1 visa to work as a soccer coach in Oklahoma. However, after 2 years, the client wanted to work for a private company as a soccer coach, and so Attorney Furqan was able to file his O-1 transfer to the new employer, and it was approved.

Our client, a citizen of Jordan, had entered the U.S. when he was just 13. He had a conviction for Simple Possession of Marijuana and a deportation order. Now 25, he was detained by immigration officials and set to be removed from the U.S. Attorney Furqan filed a Stay of Removal with the ICE Enforcement and Removal Operations (ERO), and presented a copy of the DACA application and fees that he intended to file with USCIS. Client, who was scheduled to be removed the next day via plane, was released from detention by ICE, and the DACA application was filed.

Our client, a citizen of Albania, was in the U.S. after having been approved for Withholding of Removal under the Convention Against Torture, a case Attorney Noaman had previously won in court. Client then returned to Albania in order to see his sick mother, thus executing the deportation order. As an I-130 filed by his U.S. citizen wife had been approved, Attorney Noaman filed an I-601 and I-212 waiver for him, based on the hardship that his U.S. citizen wife and child would face in his absence. Both waivers were approved, and client has re-entered the U.S. as a legal permanent resident.

Our client, a citizen of Pakistan, retained us to file his citizenship application. As the financial director of a religious organization, he had close to 100 arrivals and departures from the U.S. in connection with his work for the organization. After the application had been pending for one year, he was finally interviewed, and Attorney Noaman attended this interview with our client. The interview was videotaped, lasted approximately 3-4 hours, and the questions were prepared by a higher-ranking executive in the State Department. Many of the questions centered on the client’s knowledge of any terrorists, terrorist related activities, his financial work for the organization, his involvement with their funds and where the funds went. One year later, our client was scheduled for a second interview, and Attorney Nick attended this interview. This interview was also videotaped, and the questions centered around whether our client had connections with Hamas in Gaza or the Muslim Brotherhood in Egypt. Our client was very patient throughout both interviews, answered honestly, and shortly after the second interview, the citizenship application was finally approved.

Born in Hong Kong, China, and a citizen of New Zealand, client was performing research in J-1 status. As a Postdoctoral Researcher and Statistician in the Department of Human Genetics/Department of Biostatistics at the University of California, Los Angeles (“UCLA”), client was working in the field of bioinformatics and genomics, specifically in the development of the software BEAST (Bayesian Evolutionary Analysis Sampling Trees). The BEAST software is an important tool among evolutionary biologists and has facilitated a large part of the research that has been done in the areas of evolution, ecology, and virology. Before his J-1 expired, Attorney Furqan filed a National Interest Waiver I-140, concurrently with his application to adjust status. Client and his wife were both able to adjust to legal permanent resident status.

Client, a Palestinian national, had overstayed his visa before marrying a U.S. citizen and having children with her. After filing the I-130, but before it was approved, client was placed in proceedings. He had several drug arrests, including a conviction for simple possession of marijuana. Client was seeking to adjust to permanent resident status with a 212(h) waiver and hired Azhar and Azhar Law Firm while his court case was in progress. Despite his criminal record, Attorney Furqan showed evidence of the hardship to client’s U.S. citizen wife, children, and LPR parents, if he were to be deported. The judge ultimately agreed, and client was able to get his green card and apply for citizenship after 3 years.

Client hired Azhar & Azhar Law Firm after the I-730 petition he filed on his own was denied. Client had married his spouse after receiving refugee status but had little proof of living together due to his refugee status. We filed a new I-730 for client’s wife with additional evidence proving the validity of the relationship. The petition was approved, and client’s wife was able to join him in the U.S.

Our client had been married for a short time to a Pakistani national, and he was seeking to annul the marriage. Attorney Farah argued that that there was an annulment based on fraud, because the ex-wife married him for immigration benefits and not for bona fide reasons. After testimony and evidence from both parties and their families, as well as evidence of the ex-wife’s past infidelity, the Family Court judge in Texas ruled in our client’s favor, ordering the marriage to be invalid and thus annulled.

Attorney Noaman secured the approval of an I-140 petition in the EB-1A category (alien of extraordinary ability) for a journalist/media personality. Our client was awarded the Australian Professional Rodeo Association Media Person of the Year Award, has regularly written in the most prestigious journals in her industry, and has been featured in several national magazines and in the media in her respective industry. Our client will now apply for U.S. permanent residency and continue to serve as a writer, reporter, and media personality in her field of journalism.

Our client and his wife had been out of lawful immigration status for more than 10 years. However, our client was the beneficiary of an I-130 petition filed for him by his sister prior to April 30, 2001. As a result, our client and his wife were eligible to become permanent residents under INA Section 245(i). Our client, however, had failed to register under the National Security Entry-Exit Registration System (NSEERS), and had a separate pending criminal charge. Attorney Furqan personally appeared with our client at his NSEERS late registration appointment and requested Immigration and Customs Enforcement (ICE) officers not to detain our client and instead allow him to proceed with late NSEERS registration so he may become a permanent resident. Attorney Noaman was also able to have our client’s criminal case dismissed, paving a clear path for his permanent residency.

Client, a citizen of Australia, is a rodeo journalist who has written hundreds of featured articles in the most prestigious magazines in her industry, been awarded the highest national recognition for her journalism, and appeared many times on radio and television in connection with her journalism. Following her classification as an EB-1A alien of extraordinary ability based on the petition filed by attorney Noaman, our client immediately applied for permanent residency with USCIS and was approved for lawful permanent residency on July 01, 2013.

Our client, a citizen of Mexico, applied for Cancellation of Removal in the Dallas Immigration Court. Attorney Furqan litigated the case and the judge granted it after Attorney Furqan was able to show that client’s permanent resident wife and U.S. citizen child would suffer exceptional and extremely unusual hardship in his absence. Of particular note for the judge was the wife’s ongoing medical history, our client’s desire for his son to be in the U.S. military, and our client’s absence of any criminal record.

Our client, a citizen of Serbia, worked as a Research Assistant in the fields of Histocompatibility and Immunogenetics. Although she just had a bachelor’s degree, she worked on multiple NIH grants and had published in peer review journals with numerous citations, and therefore applied for an NIW (EB-2). After an RFE, Attorney Furqan was able to secure an approval on the NIW application and ultimately obtained approval on her green card application.

Attorney Noaman successfully certified 2 PERM applications for university professors based on the Special Handling provisions, which allow for a labor certification application based on the results of a recruitment search and hiring that has already taken place. The Beneficiaries and their families, citizens of Canada and China, are now permanent residents.

Our client, a citizen of Pakistan and an H-1B visa holder, obtained guardianship over an orphan in the NWFP region of Pakistan. However, because “adoption” is not recognized in Pakistan, our client could not obtain an H-4 visa for her. Therefore, Attorney Furqan was hired to file a humanitarian parole request, which was approved. Now our client could bring his daughter to the U.S. in order to complete the adoption process and apply for her H-4 visa.

Our client, a citizen of Mexico, was a consultant for a California based company. For approximately 5 months he was placed on the bench, and after transferring his H-1B visa to another employer, he hired Azhar & Azhar Law Firm to file a wage complaint against his previous employer for failure to pay his salary. After a demand letter was sent to the previous employer, a settlement was reached in the amount of $22,400.

Our client, a citizen of India, was arrested for Theft, Class C Misdemeanor. Part of the punishment included 1 year of “community supervision,” which fell within the 5-year window of good moral character. USCIS therefore denied the citizenship application, but on appeal, Attorney Furqan was able to convince USCIS that “community supervision” is not the same thing as “probation” or “parole” and therefore does not affect good moral character, per the regulations at 8 CFR § 316. USCIS then reversed their denial and client was able to naturalize.

Client, a citizen of Austria, has been a leading political consultant for multiple countries around the world and has worked closely with United Nations on multiple peace-keeping efforts in war torn areas. Client has received national recognition and awards for his work in the field of politics and diplomacy, published scholarly articles on peace efforts and maintaining country stability during times of war, worked closely with distinguished organizations like the United Nations and the U.S. Congress, and has had many articles published about him in professional major media. Following his classification as an EB-1A alien of extraordinary ability, based on the petition filed by attorney Noaman Azhar, our client immediately applied for permanent residency with USCIS and was approved for lawful permanent residency on April 30, 2013.

Our client was a Legal Permanent Resident, and a citizen and national of Mexico. She was referred to immigration proceedings after being convicted of a controlled substance violation. She was subject to mandatory detention. Her children had mild autism and she had several family members in the U.S. with legal status. The court granted her 42-A Cancellation of Removal application, allowing her to stay in the U.S. and keep her permanent residency.

Our client, a citizen of Eritrea, had been order removed from the U.S. in 2006, and granted Withholding of Removal at the same time. She later left the U.S., thus executing her order of removal. Her daughter then became a U.S. citizen, and after she filed a petition for her, the U.S. Embassy asked that she file an I-601 waiver due to her prior immigration violations. Attorney Furqan filed her waiver based on the emotional hardship that her qualifying relatives would face in her absence. USCIS then approved the waiver.

Our client was a Jordan national with Palestinian citizenship. Client was a J-1 foreign medical graduate subject to 212(e) 2-year foreign residency requirement. Client was married to a U.S. citizen and they had a child together. The child was born with Microcephaly, so Attorney Furqan got client’s J-1 hardship waiver approved, so that client could adjust to a legal permanent resident without having to leave the country for 2 years.

Client was a Legal Permanent Resident who was referred to immigration proceedings after multiple criminal convictions, including possession offenses. Attorney Furqan filed a 42-A Cancellation of Removal claim for her so client could remain with her U.S. citizen children and family. The court granted it and client was able to preserve her green card again.

Our client, a citizen of Pakistan, had been convicted of Simple Possession of Marijuana and then left the U.S. to visit his home country of Pakistan. When he returned, he was detained at the airport because he was considered inadmissible. Client hired Attorney Furqan to represent him, and the attorney filed a 212(h) stand-alone hardship waiver. Client had a U.S. citizen spouse and 2 U.S. citizen children, so the judge found that there was “extreme hardship,” and therefore granted the waiver. ICE then released our client and handed him back his green card.

Client was a Legal Permanent Resident who was referred to immigration proceedings after being convicted of a crime that subjected her to removal, including Abduction. Attorney Furqan filed a 42-A Cancellation of Removal claim for her so that she could remain with her U.S. citizen children and mother. The court granted it and client was able to receive her green card again.

Our client, a citizen of Mexico, had been a Legal Permanent Resident since 1998. In 2009, she was convicted of Credit Card Abuse, a state jail felony under the laws of Texas. Although this is not a deportable crime in her case, it was a crime that made her inadmissible to the U.S. Thus, when she left the U.S. to visit her sick father and then tried to re-enter, she was detained at the border, subject to mandatory detention and was not able to get a bond. INA § 236(c). Attorney Furqan applied for relief in the form of Cancellation of Removal. INA § 240(A)(a). In support of the application, he included proof that our client’s husband had cancer and that her son was on active duty military. These factors were convincing enough for the immigration judge that he decided not to have a trial and simply approve the case.

Attorney Noaman secured U.S. citizenship for our client from Syria, even though she could not speak English. Attorney Noaman submitted an N-648 Medical Disability Waiver, which included a physician’s diagnoses that client’s diabetes, hypertension, and the onsets of Alzheimer’s prevented our client from demonstrating knowledge and understanding of the English language, thus exempting her from the English and civics portion of the citizenship exam.

Attorney Furqan’s client, a citizen of The Gambia, had entered the U.S. on an F-1 visa. However he fell out of status, and after having been convicted of Trespass and Harassment, he was arrested and placed into immigration custody. The Immigration Service then sought his deportation and issued a $20,000 bond in his case. Attorney Furqan filed a request to have the bond reduced. 8 CFR § 236.1(c). He also submitted documentation to the government attorney that evidenced that our client was not a flight risk, including the fact that he had a U.S. citizen wife and U.S. citizen child. After speaking to the government attorney about these positive factors, they agreed to reduce the bond to $10,000, which allowed our client to be bonded out and able to fight his case from outside of detention.

Client was a member of a political group in Ethiopia, causing him to be a target by the Ethiopian government. He endured beatings and jail time on account of his political opinion. Client was eventually able to secure a visa to the U.S. where Attorney Noaman helped him get asylum while in deportation proceedings.

Client was born in the Gambia as a member of tribes that practice Female Genital Mutilation (FGM), but her parents did not believe in it and protected her from it for as long as possible. As it became increasingly difficult to protect her, client’s father sent her to stay with her uncle in the U.S., as she was still under 18 years old. When she learned about asylum, client hired Azhar and Azhar Law Firm to file the application. She was referred to immigration court, where Attorney Noaman successfully convinced the immigration judge to grant her Withholding of Removal.

Client, a citizen of India, was performing research in the field of biochemistry (cancer) while in H-1B status. Attorney Furqan filed a National Interest Waiver I-140 requesting a waiver of the job offer because his presence in the U.S. was in the national interest. The NIW I-140 was approved, and client was able to get extensions of his H-1B beyond the 6-year limit.

Our client, a citizen of Ethiopia, had entered the U.S. as a refugee. He was a truck driver and was arrested on one of his routes because he was in possession of “khat,” a common narcotic in the horn of Africa, but illegal in the U.S. He was detained and subject to mandatory detention. Attorney Furqan litigated his case and convinced the government attorney to grant the application for Cancellation of Removal in light of the fact that this was the only crime he had ever committed, and because he was a strong presence in his children’s lives.

We filed client’s H-1B, which was approved by USCIS. Client appeared at his interview, and the officer recommended denial. USCIS provided the Petitioner an opportunity to respond. In our response, we explained to USCIS that the consular official failed to provide our client with a reasonable opportunity to present evidence that he was eligible for an H-1B visa. USCIS agreed, then revalidated the visa and sent it back to the same consulate. Our client appeared for his second H-1B visa interview, which was ultimately approved.

Client, a 19-year-old from Eritrea, had been in jail serving a sentence for a burglary conviction. The immigration authorities placed an ICE detainer on him and charged him as an aggravated felon. This charge prevented him from being released from immigration custody. Client’s mother came to Azhar & Azhar Law Firm asking if we could help get her son released. After consulting with Attorney Furqan, it was revealed that because client’s mother had become a U.S. citizen before her son became 18, he had in fact derived U.S. citizenship from her under the Child Citizenship Act. Attorney Furqan took evidence of client’s U.S. citizenship to the Immigration and Customs Enforcement (ICE) office in Dallas, and the immigration detainer was promptly lifted. Client was released from custody, and Attorney Furqan filed an N-600 citizenship application for him, which was approved.

Client, a citizen of Iran, was performing research in the field of atmospheric radars while in H-1B status. Attorney Furqan filed a National Interest Waiver I-140 requesting a waiver of the job offer because his presence in the U.S. was in the national interest, specifically, his work and research in phased array weather radars that will help in our country’s weather prediction research effort. The NIW I-140 was approved, and client was able to become a permanent resident.

Client was a legal permanent resident, but after multiple criminal convictions, including 4 DWI’s, he was placed in removal proceedings, and the judge refused to grant him a bond. He stayed in detention for over 10 months, while the case was pending. Attorney Furqan demonstrated to the court the hardship his U.S. citizen family would suffer if he were ordered removed back to Mexico. Additionally, evidence of client’s rehabilitation was presented to the court. The cancellation of removal (42-A) application was eventually granted and client was able to rejoin his family.

Attorney Noaman secured an O-1 visa for our client, a professional country music singer who currently resides in Nashville, Tennessee. Attorney Noaman was able to prove that our client qualified for the O-1 since she had been recognized on the national and international stage through many major print and media outlets, and having earned a considerable amount of money through concerts, royalties, and endorsements. Our client’s debut album reached as high as number 3 on the Australian Country Music Charts. Her album was buoyed by the success of her two featured singles, each of which rose all the way to number 1 on the Country Music Charts in Australia. Our client has attended multiple red-carpet events including the Country Music Awards, the Country Music Channel Awards, American Country Awards, and many Hollywood movie premiers. She currently holds endorsements with Cruel Girl Country Clothing, Maui Jim sunglasses, and Corral Western Boots while being featured in national magazines and newspapers. Although USCIS had recently changed their guidelines for approving O-1 applications, making it increasingly difficult for musicians and performers to come to the United States in O-1 status, Attorney Noaman earned an approval on our client’s case. Our client could now begin work on her second album as she continued to tour the United States performing before thousands of fans at sold out shows.

Our client, a citizen of Mexico, arrived in the United States more than 10 years ago with his family, and without lawful immigration inspection. Our client’s father, a permanent resident, filed an immigrant petition for our client in the F2A category as the child of a permanent resident. Eventually the visa became available, but our client’s family abandoned the application at the National Visa Center (NVC). Attorney Noaman filed a request to reinstate the petition with the NVC, the NVC granted the reinstatement request and continued processing the case. With the visa available and the proper documents provided to the NVC, our client was scheduled for an immigrant visa interview in Ciudad Juarez. Because our client was under the age of 18, she did not require an I-601 waiver for her unlawful presence. The immigrant visa was subsequently approved, and client returned from Mexico as a permanent resident.

Our clients, a couple from Iran, had entered the U.S. on a visit visa. The wife applied for asylum based on political persecution as a member of the Green Revolution. She and her husband also converted to Christianity and claimed a fear of returning to Iran based on their status as apostates. The cases were denied by the Houston Asylum Office, and they then hired Attorney Furqan to represent them in immigration proceedings. After three individual merits hearings, the immigration judge granted the client’s cases and they are now permanent residents.

Our client, a citizen of the U.S., had filed an I-130 for his brother, a Pakistani national. USCIS issued a Request for Evidence (“RFE”) in the case, but our client never received it, so it was denied for abandonment. Three years later, client hired Azhar & Azhar Law Firm, and Attorney Furqan filed an I-290B Motion to Reopen. USCIS then approved the I-130, thus saving our client’s family an additional 8 year wait through the filing of a new I-130. In addition, our client’s niece was now protected under the Child Status and Protection Act (CSPA) and could ride on the application in order to become a permanent resident.

On April 01, 2002 our client filed an I-130 petition for her sibling. In January of 2009 she moved to Texas and notified USCIS of her address change. USCIS incorrectly sent a Request for Evidence (RFE) to her old address shortly after her move. Our client never received the RFE, so her case was denied due to abandonment. Practically, this meant that our client would have to file a new I-130, and her sibling would have to wait approximately 10 more years for her visa to become current. Client hired Azhar & Azhar Law Firm to seek to re-open the case through an I-290B, in order to preserve the original 2002 priority date. Attorney Furqan filed the motion, although untimely, and argued that USCIS should reopen the case pursuant to their sua sponte power as set forth in 8 CFR § 103.5. USCIS has the authority to re-open a case sua sponte, in its discretion, if they determine that there is an obvious error. The USCIS adjudicating officer agreed with the arguments Attorney Furqan made and exercised their discretion in re-opening the case. The I-130 was reopened and approved.

Our client, a citizen of Mexico, entered the United States without inspection and married a U.S. citizen. She had 2 children with her spouse. Our client’s spouse, however, was extremely abusive to our client, both physically and emotionally. He threatened her that if she told anybody about the abuse, he would have her deported. Attorney Furqan completed a special immigrant petition for her under the Violence Against Women’s Act (VAWA). The VAWA petition was approved, and client became a Lawful Permanent Resident.

Our client, a citizen of Canada, was the beneficiary of a 3rd preference I-140 petition that was still 2 years away from becoming current. Our client’s employer hired Azhar & Azhar Law Firm to file his EB-2 labor certification and I-140, in order to upgrade his case and afford him and his family a visa for permanent residency. Attorney Furqan filed a new foreign education evaluation which concluded that our client had an advanced degree. Attorney Noaman then prepared and filed an EB-2 labor certification. The Department of Labor elected to audit the labor certification, filed on behalf of a Chief Financial Officer (CFO), for a consulting firm in Addison, Texas. The Department of Labor argued that the required job experience, 15 years, was not normally required for the job opportunity as defined by O*NET. In response, Attorney Noaman argued that CFO positions generally require at least 15 years of experience and requiring that much experience is consistent with the regulations as outlined in 20 CFR § 656.17(h)(1). Attorney Noaman supplemented the audit response with considerable research from across the country demonstrating that employers looking to hire CFO’s typically require at least 15 years of experience. Attorney Noaman also provided a detailed letter from the company’s President outlining the exact reasons why 15 years of experience is necessary for the CFO position at their firm and is not beyond what is normally required for the job opportunity. The Department of Labor was convinced by Attorney Noaman’s arguments and certified the ETA 9089. Attorney Furqan immediately filed his I-140 under premium processing, which was approved. Attorney Furqan then mailed and E-mailed the new EB-2 I-140 approval notice to the Nebraska Service Center, where our client’s I-485 applications were pending, and requested interfiling pursuant to 8 CFR § 204.5(e), the 05/09/2000 Pearson Memo and the USCIS Adjudicator’s Field Manual (AFM), Chapter 23.2(I). The Nebraska Service Center honored our request and approved our client’s I-485 applications, thus saving our client’s years in possible visa wait time and thousands of dollars in unnecessary filing fees.

Our client, a citizen of Nepal, arrived in the U.S. on an F-1 student visa in 1998. In 2000 he was arrested for sexual assault and convicted of the crime. In 2003 he was arrested a second time for sexual assault, but that case was dismissed. Our client then married a U.S. citizen and had 2 U.S. citizen born children with her. Attorney Furqan filed our client’s adjustment of status application and prepared a waiver application based on Immigration and Nationality Law (INA) § 212(h), which allows for a waiver of crimes if the applicant can establish that his removal from the United States would result in ‘extreme hardship’ to his qualifying family member(s). On January 06, 2012, Attorney Furqan appeared with our client and his wife, in connection with their permanent residency interview, and argued the merits of case before the immigration officer. In light of the equities in the case and the arguments made, the officer decided not to require a waiver. Instead, the case was approved on March 01, 2012, officially making our client a lawful permanent resident of the United States.

Our client, a Pakistani citizen, became a permanent resident in 2005 through a family-based petition. Shortly after obtaining U.S. permanent residency, our client returned to Pakistan to complete medical school. Our client left the United States for 10 months to return to complete medical school, and that break of more than 10 months rendered our client possibly ineligible for citizenship. Attorney Noaman was able to provide considerable evidence to demonstrate our client did not abandon his residence pursuant to INA § 316(b), 8 U.S.C. § 1427(b), 8 C.F.R. § 316.5(c)(1)(i). The evidence provided included a re-entry permit issued in 2007, IRS transcripts of federally filed tax returns for 2007, 2008, 2009, U.S. bank statements from 2007 to 2008, and medical school transcripts, letters, and diplomas, from 2007 and 2008, as evidence of our client studying abroad in medical school. During the interview, Attorney Noaman explained to the immigration officer that our client has provided considerable evidence to overcome the rebuttable presumption that he had abandoned his residence. Furthermore, Attorney Noaman provided the officer with the case of Li v. Chertoff, and the court in that case held that studying abroad did not result in an abandonment of residency. 490 F.Supp.2d 130 (D. Mass. 2007). Attorney Noaman then explained the similarities between the facts in our case and the facts in Chertoff. After discussing the matter with his supervising officer, the interviewing officer agreed to approve our client’s case on February 08, 2012. Our client is now a U.S. citizen.

Our client initially filed an application for permanent residency in 2008. One year later, our client was interviewed for permanent residency, but no decision was made on his case. After waiting 2 years, he consulted with Attorney Noaman, who advised client to pursue a Writ of Mandamus action. On October 03, 2011, Attorney Noaman filed a Writ of Mandamus in federal court against the Attorney General of the United States, the Department of Homeland Security, the FBI, and USCIS, as a result of the agency’s failure to adjudicate our client’s application for permanent residency in a timely manner. On January 11, 2012 we learned that our proactive approach resulted in USCIS finally issuing our client his permanent resident card. Our client will now be able to travel to his home country with his wife for the first time.