Our Notable Case Results

The Modi Law Firm, PLLC recently assisted a client with R-1 nonimmigrant status obtain permanent residence through their employment as a religious worker. The R-1 visa is available to individuals who seek to come to the United States to work temporarily as a minister or other religious occupation. The employer must be either a non-profit organization or a religious organization. An applicant for R-1 nonimmigrant status may be granted an initial period of up to 30 months. However, R-1 status may be extended up to an additional 30 months. A religious worker may also be eligible to apply for permanent residence through first the filing of an I-360 petition as a special immigrant religious worker. It is advised that individuals who are interested in applying for either R-1 nonimmigrant status or U.S. permanent residence as a special immigrant religious worker consult with an experienced immigration attorney.

The Modi Law Firm, PLLC recently won approval for our client of an I-512T advance parole application for an individual with Temporary Protected Status (TPS). A recent policy change made by the Biden Administration allowed individuals with TPS to apply for advance parole. This would allow them to leave the country and be readmitted into their TPS status when they return to the United States. With a valid entry, these individuals could potentially now be eligible to apply to adjust their status if they have an approved I-130 petition. Not only were we able to obtain advance parole for our client, but we were also able to previously reopen their immigration proceedings and terminate their case thereby removing a decades-old removal order. We are honored to have been able to assist this individual with a fresh immigration start in the United States.

We also recently represented a client with B-2 nonimmigrant status obtain an extension of status, which allowed them to prolong their temporary visit in the United States. Generally, B-1/B-2 nonimmigrant visa holder may be admitted for a period of up to 180 days. However, a nonimmigrant in B-1 or B-2 status may request an extension of their status by filing an I-589, Application to Extend/Change Nonimmigrant Status. The application to extend nonimmigrant status must be received by USCIS prior to a lapse in the applicant's status. Individuals who are interested in extending or changing their nonimmigrant status are welcome to contact our office in order to schedule a time to discuss the applicant process and eligibility requirements.

We proud to say that in recent months, we have represented several of our clients in their successful applications for naturalization. Just this year, we have represented clients from India, Mexico, the United Kingdom, Palestine, Gabon, and more in their applications for naturalization. To naturalize, you must be a lawful permanent resident for five years and pass English and civics tests, among other requirements. If you think you might be eligible to naturalize, get in touch with The Modi Law Firm, PLLC to discuss your case.

Our firm recently represented a client in his N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA).  An N-336 application may be filed with USCIS when an applicant for naturalization wishes to challenge the denial of an N-400, Application for Naturalization.  Once an N-336 application is filed, USCIS must generally schedule the applicant for a hearing within 180 days.  However, in practice, USCIS sometimes takes longer than that to schedule the hearing.  Despite its name, the format of the N-336 “hearing” is similar to other types of USCIS interviews.  In our recent case, our office assisted an applicant in overcoming USCIS’ determination that he was ineligible for naturalization due to a break in his continuous residence.  In order to overcome the adverse N-400 decision, we presented evidence of the applicant’s substantial ties to the United States and his intent to not abandon his U.S. residence after unforeseen matters resulted in him being outside of the United States for a continuous period of more than six months.  Upon the conclusion of the N-336 hearing, USCIS issued a new decision which reversed the prior adverse continuous residence determination.

The Modi Law Firm, PLLC recently represented a Canadian citizen in their application for TN nonimmigrant status.  This particular status is only available to citizens of Canada or Mexico who seek to temporarily work in the United States in certain professions.  Unlike some other types of employment-based visas, the TN visa is not subject to an annual quota and may be applied for at any time.  TN nonimmigrant status may be granted for an initial period of up to three years and may be renewed as long as the applicant continues to be employed in a qualifying profession and meets all other requirements.  In order to obtain TN status, citizens of Mexico must apply for a visa at U.S. embassy or consulate.  However, Canadian citizens may apply for TN status by presenting the required evidence at a Port-of-Entry or airport preclearance location.  TD nonimmigrant derivative status is available to the spouse and unmarried children under the age of 21 of a TN nonimmigrant. It is advised that individuals who are interested in applying for TN nonimmigrant status consult with an experienced immigration attorney to discuss the requirements and confirm that the intended employment qualifies as a TN profession.