Case Victories

A&A has an impressive track record of success, and we take pride in obtaining wins for our clients. Check out some of our recent case victories here.
4/10/2013
I-140 Approved for Professional Journalist
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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.
4/4/2013
Green Card Approved for 245(i) Applicant and NSEERS Late Registrant
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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.
3/29/2013
Approved for Alien of Extraordinary Ability in the field of Media and Journalism
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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.
3/22/2013
Cancellation of Removal (42-B) Approved
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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.
3/5/2013
NIW Petition Approved for Applicant with Bachelor’s Degree
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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.
3/2/2013
EB-2 Special Handling PERM Certified for University Professors
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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.
2/22/2013
Humanitarian Parole Approved Based on Adoption
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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.
2/15/2013
H-1B Visa Holder Awarded $22,400 in Back Pay
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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.
2/4/2013
N-336 Citizenship Appeal Approved
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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.
1/31/2013
Approved for Alien of Extraordinary Ability in the field of Politics
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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.
1/18/2013
Cancellation of Removal Granted for Detainee with Possession Conviction
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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.
1/2/2013
I-601 Waiver Approved for Client with Prior Deport Order
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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.
12/10/2012
Cancellation of Removal Granted to Peruvian National
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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.
12/10/2012
J-1 waiver approved for Foreign Medical Graduate
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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.
10/24/2012
Client Convicted of Possession of Marijuana Released After 212(h) Stand Alone Waiver
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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.
10/18/2012
Cancellation of Removal Granted to Mexican National
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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.
9/24/2012
Cancellation of Removal for Permanent Resident Approved
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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.
9/17/2012
Citizenship for Syrian Client Approved with N-648 Medical Waiver
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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.
9/14/2012
Immigration Bond Reduced from $20,000 to $10,000
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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.
8/31/2012
Asylum Granted for Ethiopian
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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.
8/30/2012
Withholding of Removal Granted for Gambian
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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.
7/17/2012
NIW Petition Approved for Researcher in Biochemistry
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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.
7/11/2012
Cancellation of Removal (42-A) Approved
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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.
7/10/2012
H-1B Approved After Original Denial at the US Consulate in Pakistan
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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.
6/13/2012
Legal Permanent Resident Set to be Deported Learns he is a US Citizen
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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.
5/18/2012
NIW Petition Approved for Weather Radar Researcher
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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.
5/7/2012
Cancellation of Removal Granted for Detainee with 4 DWI Convictions
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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.
5/4/2012
O-1 Visa Approved for Australian Country Music Singer
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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.
4/20/2012
Immigrant Visa for Mexican Child Approved, Despite Illegal Entry
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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.
4/17/2012
Asylum Approved for Iranians Claiming Political and Religious Persecution
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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.
4/10/2012
I-130 Approved by USCIS After Previously Considered Abandoned
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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.
3/14/2012
I-290B Motion to Re-Open Approved and 2002 Priority Date Preserved
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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.
3/12/2012
I-360 VAWA Approval for Battered Spouse
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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.
3/5/2012
Green Card Approved Through Interfiling Request
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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.
3/1/2012
Green Card Approved for Client, Despite 2 Sexual Assault Arrests
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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.
2/8/2012
US Citizenship Application Approved, Despite 10 Month Stay Outside of U.S.
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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.
1/11/2012
Writ of Mandamus Filed and Green Card Approved
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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.
12/9/2011
Green Card Approved for German National Despite 5 Alcohol Related Crimes
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Client had been arrested and convicted of 5 intoxication related crimes (DWI, Public Intoxication, etc.). Attorney Noaman filed the adjustment of status application for him and his wife, based on § 245(i). USCIS requested evidence from a medical doctor that he was no longer an alcoholic, since alcohol abuse can be classified as a “mental disorder,” and when coupled with harmful behavior, it can make the applicant inadmissible. With Attorney Noaman’s help, client was able to get this confirmation, and prove that client had been rehabilitated. USCIS ultimately approved this case.
10/18/2011
Green Cards Approved After AC21 Port and I-485 Denials
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In August of 2007, our client secured an approved I-140 and filed for permanent residency for herself and her husband. Her visa category subsequently retrogressed. In January of 2011, our client ported companies under the AC21 portability provisions. One month later, the Texas Service Center erroneously issued denials of our client and her spouse’s applications for permanent residency on the basis that the original I-140 had been recently withdrawn, despite AC21 preventing the withdrawal. Attorney Furqan argued on appeal that an adjustment of status application (I-485) based on a petition (EB-1 to EB-3) that is pending more than 180 days “shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.” INA §204(j). AC21 §106(c); AFM at 202(c). Our client satisfied the AC21 guidelines and was the beneficiary of an I-140 petition which had been approved and her I-485 was pending for well over 180 days, due to lack of visa availability. The Administrative Appeals Office agreed with the arguments Attorney Furqan made and granted the appeal, and on October 18, 2011, USCIS issued our client’s their permanent residency cards.
10/7/2011
O-1 Visa Approved for Australian Professional Athlete
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Our client was ranked 23rd in the world in the field of professional saddle-bronc riding. Our client qualified for the O-1 visa category, having been recognized on the national and international stage through many major print and media outlets, substantial prize money earnings, professional accomplishments/championships, as well as having been a member of professional organizations. Our client has been competing in professional rodeos since 2006 and has been ranked as one of the top Saddle-Bronc riders in the world for many years, having won multiple major championships. On September 12, 2011, Attorney Noaman filed his application for O-1 status as an alien of extraordinary ability in the athletics pursuant to INA §101(a)(15)(O)(I), based on the wealth of documentation that had been written about our client, the prize money he has earned, and the many championships he has won. Attorney Noaman argued that our client’s talents will benefit the U.S. prospectively because his gifted athletic ability will naturally raise the level of competition in his sport. Furthermore, his participation will also undoubtedly draw greater spectators and crowds to the professional competitions he competes in thereby benefiting the U.S. economy. Although USCIS recently changed their guidelines for approving O-1 application, making it increasingly difficult for professional athletes and performers to come to the United States in O-1 status, Attorney Noaman earned an approval on our client’s case. As a result, our client could continue competing professional in the U.S. for the next 3 years.
10/3/2011
F-1 Reinstatement Approved Based on Medical Grounds
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Our client had his SEVIS terminated following his failure to register for 12 semester hours. His failure to register for 12 semester hours, however, was a result of being involved in a serious car accident. Following the car accident, our client had to undergo physical therapy for almost 2 months to correct injuries he sustained to his right hand and back. Attorney Furqan argued that our client’s failure to register for the requisite 12 semester hours was a result of “technical” reasons by virtue of his medical condition. INA § 245(c)(2); 8 C.F.R. § 1245.1(d)(ii). He further argued that the circumstances that prevented our client from satisfying the terms of his F-1 status were exceptional and also provided considerable documentation that our client provided to the firm to support the request for reinstatement.
9/30/2011
Green Card Approved Based on ‘Sua Sponte’ Motion to Re-Open
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Attorney Noaman filed client’s application for permanent residency under INA §245(a), having entered the United States on a K-3 Spousal Visa. The application was submitted with considerable evidence of the legitimacy of the marriage, including their 3 year-old son’s birth certificate. A standard interview was conducted in connection with the application for permanent residency. During the interview, the immigration officer revealed that the I-130 application that had been filed more than 5 years ago was denied due to abandonment. This information was unknown to the client and to Attorney Noaman, who accompanied the client to their interview. Attorney Noaman explained to the officer that the approved I-130 application was not necessary to enter the United States on a spousal visa since the I-129F petition was approved and served as the underlying basis to enter the United States. While the immigration officer agreed, she maintained that she could not adjust our client’s status to lawful permanent resident without the approved I-130. After a lengthy discussion between Attorney Noaman and the immigration officer, the immigration officer agreed to seek approval of the denied I-130 from the Dallas Field Office Director. The Dallas Field Office Director agreed to re-open the previously denied I-130 petition, sua sponte, and then approve the application, allowing our client to become a permanent resident.
9/22/2011
Citizenship Approved for Afghani Client with an N-648 Medical Disability Waiver
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Attorney Furqan filed an N-400 and N-648 Medical Disability Waiver, as our client had been diagnosed with “Liposarcoma of the Neck,” which resulted in a total resection of the Liposarcoma, followed by radiation therapy. Following the surgery and radiation, our client had his larynx removed, rendering him unable to speak. In order to help our client swallow and eat, he had a tube surgically put in his throat. Attorney Furqan successfully argued that his severe medical conditions prevented him from learning the English language and memorizing the civics questions pursuant to INA §312(b)(1).
9/16/2011
Green Card for Professional Athlete in the EB-1A Category
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Our client had previously maintained O-1 status for 5 years while competing professionally in the Professional Rodeo Cowboys Association (PRCA) as a saddle-bronc Rider. Attorney Noaman filed our client’s I-140 and I-485 petition in the EB-1A category. Attorney Noaman argued that our client had received national and internationally recognized prizes for excellence in his field. As a professional athlete, he is a member in an association which requires outstanding achievement of their members, he is regularly covered in major trade publications and major media outlets, and he has earned substantial prize money in his budding career. Further, our client had previously been ranked as the top saddle-bronc rider in Australia and won the 2003 World Rookie Saddle Bronc Rider title, before coming to the United States to compete in the PRCA. He maintained a top 30 world ranking in his first few years of competition in the PRCA, but the previous year he vaulted into the top 10 in the world, qualifying for the year-end National Rodeo Finals. He continued his strong performance and maintained his top 10 world ranking by winning multiple championships. He aimed to compete in the National Rodeo Finals again, and possibly win a World Championship.
9/15/2011
National Interest Waiver and Green Card Approved for College Math Professor
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Our client, a citizen of Portugal and a Mathematics professor, had been maintaining her H-1B status, but wanted to bypass the labor certification process necessary to secure a green card by pursing a National Interest Waiver. She had obtained her B.S. in chemical engineering, M.S. in mathematics, and Ph.D. in mathematics. Attorney Furqan argued that our client’s presence in the U.S. is in the national interest, specifically her work in applied mathematics, and research in influenza and dynamics of carbon in ecosystems, will help in the areas of infectious diseases, public health, mathematical disease modeling and ecological science. 8 C.FR 204.5(k)(4)(ii). Attorney Furqan further argued that our client was seeking employment in an area that has substantial intrinsic merit, the proposed benefit our client will provide will be national in scope, and that the national interest would be adversely affected if the employer were required to proceed with the labor certification process.
9/12/2011
National Interest Waiver and Green Card Approved for College EE Professor
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Our client, a citizen of Colombia and an Electrical Engineering professor, had been maintaining H-1B status but wanted to bypass the labor certification process necessary to secure a green card by pursing a National Interest Waiver. Our client was working as a Research Associate at Yale University in the field of electronic material and devices after having obtained his B.S., M.S., and Ph.D. degrees from Notre Dame in electrical engineering. Attorney Furqan argued that our client’s presence in the U.S. is in the national interest, specifically his work in solar power technology, solar cell electronics and semiconductor research will help in areas of telecommunications and electronics displays and also create more efficient solid state lighting and solar cells, which generate more renewable energy. 8 C.FR 204.5(k)(4)(ii). Attorney Furqan further argued that our client was seeking employment in an area that has substantial intrinsic merit, the proposed benefit our client would provide will be national in scope, and that the national interest would be adversely affected if the employer were required to proceed with the labor certification process. The NIW was subsequently approved, and client and his wife applied for permanent residency. Although they were living apart at the time, due to employment reasons, evidence was submitted that they intended to continue to live together as a married couple, and so USCIS approved their green card applications.
9/1/2011
National Interest Waiver Approved for Engineer
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Our client, a citizen of Thailand and an Engineer, was maintaining H-1B status but wanted to bypass the labor certification process necessary to secure a green card by pursing a National Interest Waiver. Attorney Furqan argued that our client’s presence in the U.S. is in the national interest, specifically his work and research in developing software and hardware to support the Amber and Silver Alert national programs was in the national interest. 8 C.FR 204.5(k)(4)(ii). Attorney Furqan further argued that our client was seeking employment in an area that has substantial intrinsic merit, the proposed benefit our client will provide will be national in scope, and that the national interest would be adversely affected if the employer were required to proceed with the labor certification process.
7/28/2011
Writ of Mandamus Lawsuit Results in Green Card Interview and Approval for Client
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Our client initially filed an application for permanent residency on January 01, 2007. Later that year our client was interviewed for permanent residency, but no decision was made on his case. After waiting 4 years, he consulted with and hired the attorneys at Azhar & Azhar law firm and was advised to pursue a writ of mandamus action. Attorney Noaman filed a lawsuit in federal court against the Attorney General of the U.S., 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. USCIS then granted our client a second interview in order to make a final decision on his application for permanent residency, which was approved.
7/26/2011
Green Card Approved for Canadian National Despite No Proof of Inspection
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Our client, a management consultant, arrived in the U.S. as a visitor in 2010, after being waived in at the port of entry in Illinois. Eventually our client married a U.S. citizen, a college professor at a local Dallas University, and sought permanent residency based on that marriage. Attorney Noaman filed the adjustment of status application and USCIS did not object to the granting of the application, despite no evidence of legal entry existing. 8 CFR § 212.1(a)(1).
7/19/2011
Permanent Residency Approved in Court, Despite 3 Criminal Convictions
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Our client was admitted to the U.S. as a permanent resident, but after having been admitted as a permanent resident, he was convicted of drug possession and assault with a deadly weapon. As a result, our client was placed in removal proceedings and was not eligible for a bond. Attorney Furqan was able to coordinate our client’s marriage to his now U.S. citizen wife, and with proof that they had a child together, USCIS approved the I-130, which allowed our client to seek permanent residency in court with a 212(h) waiver. At the trial, evidence was submitted and testimony was heard regarding the level of hardship that our client’s wife and child would face in his absence. Though the government fought the case, the judge approved it having been convinced that our client was sufficiently rehabilitated and remorseful. The government waived appeal and so our client was released.
7/19/2011
Permanent Residency Approved After Initial J-1 Waiver Denial
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Our client, a Yemeni national, entered the US in the 1980's on a J-1 visa which was subject to the 212(e) 2-year home residency requirement. He did not fulfill the requirement, and instead re-entered the US in H-1B status. His employer filed an I-140 for him, which was approved, and when our client filed for adjustment of status, both his and his wife's cases were denied based on having not fulfilled the 212(e) 2-year home residency requirement. Client then filed a waiver of the 2-year home residency requirement based on the hardship that his 5 US citizen children would face if he had to return to Yemen. USCIS denied the waiver, and so client came to us to file the appeal. Sunny filed the appeal and submitted additional evidence of the country conditions of Yemen, but more importantly, a psychological report from our client's son, who had experienced a traumatic incident when having last visited Yemen. Had client's waiver been denied, client's son would have had to return to Yemen, and so USCIS found this evidence compelling enough to reverse USCIS's denial and approve the J-1 waiver based on hardship. The US State Department agreed, and so client's green card applications have since been approved.
6/25/2011
E-2 (Investor Visa) Extension Approved
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Our client, a citizen of Mexico, has been operating a commercial cleaning business in San Antonio, Texas for many years. Unfortunately, our client’s business was not producing profits on their business tax returns for almost 2 years as a result of the economic downturn following the recession. As a result, USCIS sent a request for evidence (RFE) stating the company was not producing more than marginal profits, a requirement for an E-2 approval. In response to the RFE, Attorney Furqan was able to demonstrate through other financial methods that the company was viable, employing multiple U.S. workers, and still generating more than just marginal revenue. USCIS then approved the E-2 extension.
3/31/2011
Adoption Approved for Nepali Citizen
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Attorney Farah represented our client in an adoption case in which the adoptive parent sought to gain legal custody of her minor niece. Although these types of cases are generally discouraged by the courts, the family court judge in Dallas approved the adoption upon a showing that our client took care of the child since her childhood, both emotionally and physically. The adoption also allowed the child to become a permanent resident, since she was now considered a “child” for immigration purposes.

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