Complicated EB-2 India Case With J-1 Waiver & I-360 Petition (VAWA)

EB-2 India Visa: One Of Our Most Complicated Cases

Full Video Transcript

This is a formal challenge to anyone who has a more difficult case than this one. This is the most difficult case that we did all year, probably for the past five years. It took everyone to work together—the Spanish Department, the English Department, the Chinese Department, the Korean Department, the Business Department, the Family Department. Everybody was working on this case because we’ve never seen a case this difficult. We pulled the team together. We filed it. Let me share with you how we did it. Let’s go.

Hi, everyone. My name is Joseph. I’m the managing partner here at Tsang & Associates, where we solve legal problems with creative solutions. So the legal problem in this case is that there are so many legal problems. 

First, it starts as an EB-2 India case. Right and so, an EB-2 India case, one thing you need to know is it needs a 10-year priority date. So, the client has been here for the past 10 years, but the main applicant, the EB-2 applicant, the husband, already passed away. So now it’s the wife. We’re trying to get the wife the Green Card. The wife is our client. So, she contacted us. The husband passed away. The priority date has been pending for 10 years. It’s finally current. She wants to apply.

What makes things more complicated was that during the time that she was here on F-1 status when she was an international student, pending, she was abused by her husband. So she was on a VAWA application to preserve her status in the U.S. And then, they originally came as a J-1. So there was a J-1 waiver issue. And now she’s married to somebody else. 

So, I mean, there are just so many things that are all convoluted and all tied together. We need to prove that she is a qualifying applicant. We have to first prove the husband’s side—why the husband got the EB-2—and then that she is the derivative benefit, and she was the other wife even though he passed away.

Then we have to prove that she resided here since when she first entered the country and when he passed away back in 2015-2016. So, documenting all of that. Now it gets to the complicated part about her residing in the U.S and all the things that she did, and explaining all that, including her new marriage. 

We also really focused on her background. She wasn’t just this nobody coming from India, being able to stay here for 10 years, being able to push through so many parts of immigration on her own and overcome one problem after another. She has a bachelor’s degree in medicine. She knows how to do surgeries. She is an important member of the American Commonwealth, and so she is going to be helpful to the United States.

In this last part, we did title the conclusion because nobody wants to read a conclusion. We titled it “favorable exercise of discretion.” The first line reads, “Relief under section 204 is not an entitlement but a matter that Congress has entrusted to the Department of Homeland Security’s discretion.” So, we really talk to the officer through this. You have the discretion to make her dreams come true. She was already here. She already suffered a grave loss of her husband and she got abused by her husband. We had to go through the J-1 waiver process. We had to go through the 45 process. We filed it. The case was quickly approved. The client was so happy, and it just really brings it to a full circle. We even threw a party in her honor because it was such a difficult case.

This proves to us, and also it’s a lesson for our firm, that you don’t want to shy away from challenges. If it’s possible, then we just try. We try our best. The client, we were honest with them. We’re not trying to sell them that, hey, we could for sure do it. Each step of the way, we know how to do it. We know how to do a 45 application. We know how to do a J-1 waiver. We know how to do EB-2s. But in this kind of VAWA complicated situation for an Indian client that’s been here for 10 years, and that everybody else rejected, and we were also short-handed at the time, the client was willing to trust us. They had faith in us. We put everything together, and I’m glad the case was approved very smoothly. If you have any questions or if you have a case that’s more difficult than this, please share with us. We would love to review it with you. 

Take care. Bye-bye.

 

Probably the most complicated case of 2023, this Indian EB-2 case involved not only the EB-2 application, but also an issue with a J-1 waiver, a I-360 petition, and a deceased sponsor. This was a highly unusual and complex case that we had our whole team working on in order to achieve a successful result for our client and ultimately get this Indian EB-2 case approved.

TIME FRAME OF THIS EB-2 INDIA CASE

 

In an Indian EB-2 case there is a requirement for a ten year priority period before you can submit your application. This client had been residing in the US for 10 years, originally entering the US with a J-1 visa. During the time she was in the US her husband, and sponsor, passed away. She remarried and was now applying for the EB-2 qualification on her own after this mandatory 10 year period. After filing her application, this case was quickly approved.

 

BACKGROUND OF THIS EB-2 INDIA CASE

 

Originally entering the US on a J-1 visa with her husband, this client went on to reside in the US for ten years eventually under an F-1 student visa. During her time in the US, her husband passed away and she remarried. Her deceased husband had been her sponsor and her abuser, so her case was complicated by this addition of VAWA and the I-360 petition.

CHALLENGES IN THIS CASE

 

The main challenge in this EB-2 India case was that the case had so many challenges and complications. There was VAWA. There was a deceased husband, the original EB-2 applicant. There was a J-1 waiver issue. There was a new husband now and on top of it all we were applying for the EB-2 India visa for our client directly.

There were so many complications all working together in this case that we needed to untangle and provide evidence for that it really was one of the most complicated visa cases we worked on this year.

 

KEYS TO SUCCESS FOR THIS EB-2 INDIA CASE

 

Providing Evidence

 

Because of all the different items in this EB-2 India case, we needed to be sure to provide evidence of each piece. This required a thorough understanding of the case and it required a lot of work to put it all together. We had our entire team from the English team to our Family Law and Korean teams working on this case. 

 

With so many team members assisting in this case we were able to provide the evidence of all the previous items leading up to this EB-2 application from the initial J-1 waiver entry, to the reasons the client’s former husband was originally eligible for an EB-2 case, to the 1-360 petition due to her former husband’s abuse. We also provided evidence of our client’s own eligibility for the EB-2 green card. Providing all of this evidence was not easy, but it was one of the main keys to success for this case.

 

Proving EB-2 Eligibility

 

Our client was originally applying under her former husband’s EB-2 application, so we needed to update this application to help our client apply for her own EB-2. This meant describing how our client was really an essential part of the American Commonwealth. She has a bachelor’s degree in medicine. She knows how to perform surgeries, and we were able to document these abilities and her life in the US over the previous 10 years to prove her eligibility for EB-2 status.

 

CASE RESULT

 

With all the difficulties in this EB-2 India case, we weren’t sure how this would turn out. After we filed, the case was quickly approved. There were no additional requests for evidence required and our client was so happy. Our whole team was celebrating this successful submission and we even threw a party to celebrate this approval. It was really inspiring.

 

LAWYER COMMENTS ON THE EB-2 INDIA CASE

 

This was a lesson for our firm not to shy away from challenges. We knew this EB-2 India case would be difficult, but we decided we could give it a try. We were honest with our client and told her it would be difficult. It might not work because of all the complications, but in the end, we were successful. 

Without giving this case a try, our client may not have been approved for her EB-2 and life would be much different. We are so glad the case ended with this successful result and that we were able to make a difference in this client’s life because we found a creative solution.

If you need assistance with a challenging immigration case, a J-1 waiver, an I-360 petition, an EB-2, or another case, we would love to help. Contact us with any questions or to schedule a consultation.

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