Wilner & O'Reilly, APLC - Immigration Attorneys In California And Utah
One Practice. One Focus. One Passion: Immigration Law.

Previously Denied Adjustment of Status Application Approved In 4 Months

In the middle of September 2006, we were hired by a very a lovely couple who was at their wit's end. They were tired and frustrated because: 1. Their previously filed application for adjustment of status was denied; 2. They received conflicting advice from other attorneys they had consulted; and 3. Had spent thousands of dollars in trying to obtain a green card for the non-citizen spouse. I told them not to worry and that I while I couldn't guarantee an outcome on their case, I guaranteed them that I would not stop until their case was approved. On January 24, 2007 I was able to make the type of phone call that I love to make, namely: that their case was approved! Here' what happened.

A number of years ago, an individual with a hope and a dream came to the United States to make a better life for himself. He was referred to a job agency within the Filipino community and paid them about $5,000 to find him a job and prepare the H-1B sponsorship for him. This job agency referred him to an immigration law firm and without ever meeting him, said firm prepared the paperwork. Miraculously, it was approved, however, without his knowledge documents which were untrue were filed with the application. He did not know about these documents until he received word from the immigration service that the H1-B was being revoked on account of the same.

Upon learning of the wrongdoing and without casting blame, our client met with his "lawyers" for the first time. Their advice: don't worry about responding to the Notice of Intent to Revoke because you're married to a United States Citizen. Consequently, my client was convinced to hire this firm and they prepared and filed an application for adjustment of status on his behalf.

When it came time for the interview in conjunction with the application for adjustment of status, this firm did not send a lawyer with him, because to do so would cost the clients more money. So, already tapped financially, the couple went on there own and in so doing, was informed that they needed a 601 waiver for the fraud they committed. What fraud they questioned? The H-1B fraud, of course, the government responded. This was brought to the attention of their "attorneys" who took it upon themselves to argue that the individuals committed no fraud and that is was the job agency's fault. This argument fell on deaf government ears and the application was denied for failure to provide a 601 waiver.

Another attorney was hired to prepare and file a motion to reopen, wherein the same arguments were rehashed. This motion to reopen was denied as well. The couple then came to us.

After analyzing their situation, and explaining to them that court might be the only viable option in the future, I convinced them to allow me to file a new application for adjustment of status. That this way of doing it would save them money and might achieve the desired results in a much quicker time. But, that the only way to win is to be truthful and credible. And that truth and credibility starts with your attorney. That I would be the one handling their case from start to finish and that unlike other firms, I would not bounce them around from paralegal to paralegal and attorney to attorney.

As noted above, their case was approved. And, when I informed the petitioning wife of her husband's success, she thanked us in between her tears of joy. In case you don't get it, the point of this article is be truthful, credible and certainly, be careful in who you hire. Not every case is a winner. But, when you have the right representation and are therefore appropriately prepared and accompanied by an attorney, your chances of success are far greater.

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