Monday, September 08, 2008 Reeves: One Filipino family’s immigration story By Robert L. Reeves
ON April 11, 2008 the United States Citizenship and Immigration Services (USCIS) approved the Adjustment of Status applications of Reynaldo Abad and his family. This joyful event occurred merely 45 days after the Abad family had their immigration hopes placed in doubt upon receiving a “Notice of Intent to Deny” their applications from the USCIS. Reeves & Associates filed a timely response with the USCIS, resulting in another success story.
The Abad family’s story as immigrants in the United States began when Reynaldo Abad entered the US from the Philippines in December 2000 on a visitor’s visa. His wife and daughter joined him in December 2001.
Reynaldo was later approved for a change of status from visitor to H-1B Specialty Worker. Reynaldo, who held a bachelor’s degree and was trained in computer programming, was fully qualified for this status. He worked loyally and diligently for his employer, which subsequently decided to sponsor him for permanent residency. The Abad family’s second daughter was born a United States citizen in 2002.
In June of 2007, after having been in the country for more than six years, Reynaldo began the legal process of adjusting from an H-1B worker in the US to a permanent resident. His employer submitted the documentation necessary to initiate the Adjustment of Status procedure for him.
As a programmer analyst with more than 10 years of experience, Reynaldo was petitioned in the Employment-Based Third Preference Category, as a professional worker. The immigrant visa petition and adjustment of status package also included hiw wife and eldest daughter.
On Jan. 30, 2008, approximately six months after the filing of his applications, the USCIS sent Reynaldo a letter which shocked his family. The letter from the USCIS informed Reynaldo that they intended to deny his family’s Adjustment of Status applications. The Notice of Intent to Deny informed him that the applications are headed towards denial because Reynaldo allegedly worked without authorization while in his H-1B status. The USCIS only allowed Reynaldo 33 days to respond to the letter of intention.
A US Worker must maintain legal immigration status in order to be eligible to adjust status in the United States. Throughout his entire period of stay in the US, Reynaldo complied with all the legal requirements out of respect for US immigration laws.
He was now being improperly denied his adjustment of status application. The USCIS’ Notice of Intent to Deny was based on an allegation that Reynaldo violated his H-1B Status by working without authorization.
An H-1B nonimmigrant worker in the United States is only permitted to work for their H-1B sponsor employer in the specialty occupation. The worker’s status in the US is tied to their sponsoring employer and no other employment is permitted. The USCIS, in looking over Reynaldo’s supporting documents, determined that several of his tax returns indicated income derived from a personal business. This information was incorrect, and the result of an error by a previous tax preparer of Reynaldo’s.
If the USCIS were to proceed in its intent to deny Reynaldo’s Adjustment of Status application, it would also likely revoke his H-1B status, leaving him and his family without legal status in the US and the family would have been placed in deportation.
On Feb. 12, 2008, only 20 days before the deadline for responding to the USCIS, Reynaldo retained Reeves & Associates to handle his immigration case. An in-depth conference with Reeves & Associates attorneys resulted in a full understanding of the details surrounding his case.
In response to the Notice of Intent to Deny, a legal brief, detailing the factual circumstances and applicable law surrounding Abad’s case was drafted by Reeves & Associates attorneys. An independent accountancy expert was consulted and various documents, including declarations from relevant parties were included in R&A’s comprehensive response.
On Feb. 26, 2008, Reeves & Associates submitted a comprehensive rebuttal to the USCIS’ notice of intent to deny. Forty-five days later, and seven years after entering the United States, the Abad family learned that their dream of immigrating to the US finally came true. They received their Green Card Approval Notices in the mail.
Due to Reeves & Associate’s representation, Reynaldo and his family are now lawful permanent residents of the United States, entitled to all the rights and privileges that this status provides.
