Case Studies

CASE TYPE:

Advance Parole Approval

CLIENT:

Professional Basketball Player

GOAL:

Quick Approval To Travel To Spain For Employment & Competition In The European Basketball League

RESULTS:

I was able to get her advanced parole (aka travel document) and work permit approved by U.S. Citizen and Immigration Services in 3 weeks! (It usually takes 4-6 months to receive approval, but because of our hard work the client was able to make it to Spain just in time to compete.)

CASE TYPE:

Alien of Extraordinary Ability (EB1-A) Approval

CLIENT:

Indian National from San Jose, CA who works in Tech (he’s worked for companies such as Facebook, Samsung, Qualcomm, etc.)

GOAL:

EB1-A approval

RESULTS:

I had to prove that he was an “Alien of Extraordinary Ability” in order to gain approval for an EB1-A visa (a tough visa to obtain because it does not require employer sponsorship & is reviewed with high scrutiny due to the requirements). The major benefit of this visa, in addition to waiving the employer requirement, is that Indian nationals, instead of waiting 10 years to become eligible for a green card, can usually apply for a green card right away after receiving approval of the petition. His qualifications seemed a bit dull at first view, but I felt confident that his petition had potential with some good legal writing. I was able to get his application approved in 6 days after submission with no Request for Additional Evidence (RFEs). He and his wife are now able to “skip the wait times” and apply for a green card under his approved visa category.

CASE TYPE:

Naturalization/Citizenship Application Approval (with a criminal record)

CLIENT:

Jamaican national who had been a legal permanent resident in the U.S. since she was a child. When she was younger, she received Adjudication of Guilt Withheld for a Grand Theft offense. She thought her criminal history wouldn’t affect her because her records were ordered sealed by a judge.

GOAL:

Naturalization

RESULTS:

Client tried applying for Naturalization on her own, but she was denied due to her inability to prove Good Moral Character (GMC). She came to me for help after her denial. When I prepped her application, I explained the statutory guidance applicable to her case (being that the incident occurred more than 5 years ago and as a result, the USCIS had no legal authority in which to question the client about the incident). I also prepped her case with tons of supporting evidence to prove that despite her record, she did in fact possess the requisite Good Moral Character for Naturalization. Her case was approved with no Requests For Additional Evidence or pushback. The client was young, recently divorced, and wanted a fresh start. Becoming a U.S. Citizen was the last goal on her list so that she could move on to the next chapter in her life.

CASE TYPE:

Naturalization/Citizenship Appeal Approval (with a criminal record)

CLIENT:

Haitian national who had been a legal permanent resident in the U.S. for many years. Her record contained several offenses for theft.

GOAL:

Naturalization

RESULTS:

Client tried applying for Naturalization on her own, but she was denied due to her inability to prove Good Moral Character (GMC). She came to me for help after her denial. She thought that she missed the deadline to appeal the decision, but I informed her of a recently approved extension that the USCIS set in place because of Covid. Even with the extension, I was still pressed for time to prep her case, so we had to work quickly to gather the required evidence. When I prepped her application, I explained the statutory guidance applicable to her case (being that the incident occurred more than 5 years ago, and as a result, the USCIS had no legal authority in which to question the client about the incident). I also provided supporting evidence to prove that she did in fact possess the requisite Good Moral Character for Naturalization. Her appeal was approved. The client’s dream was to become a police officer. She had passed the exams and received the clearance she needed– becoming a U.S. Citizen was the final step to make her dream come true.

CASE TYPE:

212(C) Waiver for Criminal Record

CLIENT:

Trinidadian military veteran with an extensive rap sheet. He had entered the U.S. as a child with a Legal Permanent Resident status. He came to me for help renewing his green card, but because of his criminal history, there was a concern that he may be placed into removal/deportation proceedings if he tried to renew.

GOAL:

212(C) Waiver for Green Card Renewal

RESULTS:

I conducted a complete request for records under the Freedom of Information Act, reviewed his records, and realized that he would qualify for an Application for Relief Under Former Section 212(C) of the Immigration and Nationality Act. What this relief does is prevent an individual from being removed/deported for the conviction/crime for which relief was granted. The caveat is that the form of relief granted depends on the conviction/crime and what year it occurred. Since he entered a guilty plea in 1996 (prior to the April 24, 1996 cutoff) his guilty plea was covered under the form of relief that we sought. In his application, I highlighted his former contributions to the military and our country, in addition to the harm that would result to his children, family, and himself if he were forced to return to Trinidad after having resided in the U.S. since he was a child. His application also included evidence to prove that despite his criminal history, he was a reformed individual who possessed Good Moral Character, and who was focused on bettering his life. We received approval of his petition in about 3 months. Now he can renew his green card without the fear of deportation/removal.

CASE TYPE:

Naturalization/Citizenship Application Approval for an Elderly Client

CLIENT:

Chilean national in her mid-70s who had been a Legal Permanent Resident for over 40 years. This client was very educated and worked for many years in the medical field. She just never found the time to apply for Naturalization before, but after many years of experiencing the effects and changes that occurred under each new administration, she realized that she wanted to enjoy the great benefits of being a U.S. citizen, and she wanted to vote.

GOAL:

Naturalization

RESULTS:

Because of her age and the many years that she’d been a legal permanent resident, I told her that she qualified to take the simplified version of the civics test and that she wouldn’t have to take the English test (though she was very much capable). She had also been married/divorced a few times and had different variations of her name across several of her legal documents, so she wanted to make changes to keep only the last name of her father and her current husband. I prepped her Naturalization application, requested the simplified exams, and made a petition to legally change her name. I accompanied her to her interview and the process went smoothly. The case got approved. She’s now a U.S citizen with a new last name, and she can finally vote. Mission accomplished!

CASE TYPE:

Nunc Pro-Tunc for late-filed Form I-751 (due to parent's negligence)

CLIENT:

7-year old Jamaican national. His father got married to a U.S. Citizen and received a 2-year conditional green card through the marriage. As the step-child of a U.S. Citizen, the client also received a 2-year conditional green card. However, after some time the client’s father divorced the U.S. Citizen spouse. The client’s father submitted an application to remove the conditions of his green card but forgot to do the same for my client. As a result, the father received a 10-year green card, but my client (his son) did not. The client was then present in the U.S. without any lawful status and the time had long passed for him to submit his Removal of Conditions application.

GOAL:

Nunc Pro-Tunc for late-filed Form I-751 for Green Card Application

RESULTS:

The father and child came to me and wanted guidance. I advised the father that his son could possibly submit the application by requesting nunc pro-tunc, which is a discretionary remedy by which the U.S. Citizenship and Immigration Services (USCIS) may approve a late-filed request to change or extend status, based on facts and extenuating circumstances presented. When prepping the client’s application, we made a claim that the late filing occurred as a result of extraordinary circumstances beyond the control of the client given his age. Typically, a late-filed petition would be rejected and returned back to the applicant after submission. However, when I submitted the client’s application with a legal brief requesting the relief, USCIS accepted the petition for review and adjudication.

Very organized and systematic. I was pressed for time and Attorney Cummings was very prompt and helped with all the documentation needed for my parent's immigrant visa application. Would recommend to anyone.

~ Gabriel C.

Very organized and systematic. I was pressed for time and Attorney Cummings was very prompt and helped with all the documentation needed for my parent's immigrant visa application. Would recommend to anyone.

~ Gabriel C.

Clients come to me from all types of background and walks of life.

But my job is not to pass judgement on what’s happened in your past — my job is to help you get one step closer to your dreams for the future.

My promise to you: To not just listen to your story, but to truly HEAR your story in order to provide you with the compassionate representation that you deserve.

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