Wilner & O'Reilly, APLC - Immigration Attorneys In California And Utah
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Lani Misalucha Obtains Lawful Permanent Residency

"Salamat for making sure me and my family obtained our American dream." These grateful words from Lani Misalucha to Attorney Kelly O'Reilly came after Asia's Nightingale received word that her application for lawful permanent residency was approved. "I can now rest easier knowing my immigration situation is taken care of, I can plan my career path with a heart made easy and safe by this great news," said Ms. Misalucha.

The ease of heart that Lani feels is something every Pinoy might feel as well if they would take the time to seek legal counsel on their immigration issues. With a sweeping immigration bill imminent and the possibility of amnesty for those out of status, the time has never been better to put your mind at ease by consulting an immigration attorney. Lani came to me for advice and you should too.

Though Ms. Misalucha has won international acclaim and has an ever-growing American audience, she too must comply with U.S. Immigration law and it's various requirements. So when it became time for Ms. Misalucha to seek advice on her immigration status she continued the growing trend of high-profile Pinoy entertainers and hired Wilner & O'Reilly to obtain her lawful permanent residency.

As a star of international acclaim, Lani Misalucha qualified for permanent residency by virtue of her extraordinary abilities as someone who is recognized as having reached the very pinnacle of her profession or the EB-1 category.

This immigrant visa category is reserved for foreign nationals of "extraordinary" ability in the arts, sciences, education, business or athletics. Like it's nonimmigrant counterpart O-visa, extraordinary individuals are entitled to lawful permanent residency if they can prove sustained national or international acclaim and whose achievements have been recognized in their field through extensive documentation.

An alien seeking residency as a person of extraordinary ability must prove that he or she seeks such an entry to continue work in the area of their expertise and that this ability will somehow substantially benefit the United States. The intending immigrant does not need an employer nor does the applicant require a labor certification as long as he or she can show that his or her intent is to pursue work in the area of their expertise.

The primary evidence required in such an application is centered on the "sustained or international acclaim" requirement and that his achievements have been recognized in his or her field of expertise. The evidence must show at least one major international award or any three of the following:

  1. Receipt of lesser nationally or internationally recognized prizes or awards,
  2. Membership in association in the field for which classification is sought, which requires outstanding achievement for their members, as judged by recognized national or international experts.
  3. Published material about the person in professional or major trade publications or other major media.
  4. Participation as a judge of the work of others.
  5. Evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance.
  6. Authorship of scholarly articles in the field.
  7. Artistic exhibitions or showcases.
  8. Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation.
  9. High salary or remuneration in relation to others in the field.
  10. Commercial success in the performing arts.

Filipino artist, entertainers, scientist and athletics, though famous in the Philippines, face a difficult test when applying for the EB-1immigrant visa in the United States. The Immigration Service is particularly methodical and difficult on such applications and the artist or entertainer who applies for this visa should hire a firm with experience and a history of success necessary for such a difficult process.

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