一个国际家庭的绿卡历程

An International Family’s Green Card Journey

In order to give our clients a sense of the green card process, we like to share stories of our past successes. These concrete examples will help to give you a better idea of the actual experience of obtaining your green card. The following case provides an excellent example of the challenges that even straightforward Eb-2 applicants and their families face. However, these problems do have solutions. Our experience and legal expertise allows us to sift through the evidence and find the best possible solution to any problems our clients face.

One of our clients, “Dr. F,” originally from Eastern Europe, wanted to file application for green cards for himself and his wife, originally from Japan. Dr. F lives and works in California, where he held a joint H1B at a prominent university and a start-up fuel cell engineering company. Dr. F has a Ph.D. in Mechanical Engineering and several years of practical engineering and design experience. He is also the co-author of a number of peer-reviewed publications and conference presentations, as well as the co-inventor of several patents. In addition, his research had been frequently cited by other researchers in the field of his expertise.

Based on his credentials, we recommended National Interest Waiver as the best means for obtaining a green card for him and for his wife. We assisted Dr. F to obtain and prepare a set of strong recommendation letters from his colleagues as well as independent sources. We further compiled his publication and citation records and his patents as the substantive evidence to support his petition. In the petition letter we drafted in support of his petition, we made a series of arguments that thoroughly explain why Dr. F’s prior achievements in his field warrant the grant of a National Interest Waiver.  Specifically, we presented convincing evidence to show that Dr. F seeks employment in an area of substantial intrinsic merit, that the proposed benefit of his work will be national in scope, and that the U.S. national interest would be adversely affected if a labor certification were required in this case.

Since Dr. F came from an Eastern European country and the priority date for his NIW Eb-2 was current, we were able to file his I-485 adjustment of status concurrently with his I-140. Dr. F and his wife frequently travel abroad to visit their families, which created new obstacles in their case. Since Dr. F was working on an H-1B visa, there was no trouble with re-entering the United States. However, his wife, Mrs. F, was on an F-1 student visa, which did create potential risks if she chose to file her I-485 while Dr. F’s NIW was still pending. If Mrs. F filed I-485 and then traveled abroad with an advanced parole, she would have to re-enter the U.S. as a parolee and she would not be able keep her F-1 status in the U.S. As a parolee and without any non-immigrant status, if her husband’s NIW, and consequently her I-485, were denied, she would then be out of status and compelled to leave the country. To address this issue, we recommended that Mrs. F wait until her husband’s NIW I-140 had been approved before filing her I-485. This approach would substantially decrease the risk she had to take in case of international travel.

 Dr. F’s NIW was approved approximately 8 months after filing. As soon as the approval notice arrived, we began preparing Mrs. F’s I-485 application that was filed in a few days. In addition to the I-485, Mrs. F also applied for advance parole and an EAD card, which would allow her to return to the US and continue working after foreign travel. She received her Advance Parole and EAD within two months after filing. Happily, she did not need either of them, because both of their green cards arrived less than five months after Mrs. F filed her I-485. From filing the NIW to receiving their green cards, Mr. and Mrs. F’s process lasted just over thirteen months.

 This is only one example of our many successful cases. Mr. and Mrs. F’s story illustrates some of the real-world issues facing families when they apply for green cards. At Liu & Associates, our attorneys are always careful to investigate all of the evidence and advise our client on his/her best course of action. These options may not always be straightforward—Mrs. F’s case is an excellent example of this—but we consider all the major factors that may come into play in the process before giving legal advice. Each step of the process offers its own challenges, and our experienced attorneys will guide you through the challenges and uncertainties on the green card journey.

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刘宗坤律师（Z. Zac Liu, Esq.），法学博士（J.D., Valparaiso University Schoolof Law）、哲学博士(Ph.D., Peking University)，伊利诺伊州最高法院及联邦法院执照，曾担任Valparaiso University Law Review的编辑和审稿人， 著有中英文书籍多种，散见于中美各大学图书馆。执业以来，他已代理无数名来自世界各地的科研人员和专业人士成功获得绿卡及各类非移民签证，尤其在国家利益豁免（NIW）、特殊人才（Eb-1A）、杰出教授和研究员（EB-1B）、PERM 劳工证、H-1B工作签证等方面积累了丰富的经验。读者若有移民法律问题，可将简历发往zliu@niwus.com。刘律师会在两个工作日内对您的问题做出免费答复或评估。

白凯玲律师 (Kellie Pai, Esq.)，法学博士(J.D.，University of Houston Law Center)、文学学士(B.A., University of Texas at Austin),德克萨斯州最高法院执照，刘宗坤联合律师事务所专业移民律师。

Liu & Associates, PLLC
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Email: zliu@niwus.com
Website: www.niwus.com