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Irena Juras gets Dreamer her Green Card

A woman that has been brought to the United States from Mexico when she was 3 years old (let’s call her the “Dreamer”) came to my office with her husband who is a U.S. citizen.  They had been married for 2.5 years and have three children born in the United States.  We discussed the Dreamer’s options and the Dreamer has decided to request the Consideration of Deferred Action for Childhood Arrivals (“DACA”).  She had a high school diploma and met the residency and other requirements for DACA approval.  DACA was approved and she received her work authorization.  Then, we filed a petition with the Dreamer’s husband as the petitioner.  The petition was accompanied by supporting documents sufficient to rebut the presumption of marriage fraud.  The petition was approved.  Meanwhile, the Dreamer’s mother in Mexico was seriously ill and we applied for advance parole to allow the Dreamer to travel to Mexico to visit her mother.  The advance parole was approved and the Dreamer traveled to Mexico, visited and helped her mother and entered the United States legally.   Once the Dreamer entered the U.S. legally and met all other requirements for legal permanent residency, we filed her green card application.  The application processing time in Phoenix is now more than one year.  Finally, we attended an interview with the Dreamer and her husband, the application was approved and her green card has arrived.   It was nice to see the happiness in her eyes to finally feel relieved that at age of 31 after living in the United States for 28 years illegally in fear, she does not have to worry that she will be deported and taken from her family.  She is very appreciative for my help guiding her through this process!

If you are facing similar circumstances or know someone else facing similar circumstances, call the immigration attorney Irena Juras at 480-425-2009 or reach us via email to schedule a consultation to discuss how we can help you!

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Green Card for Shaolin Kung Fu Master in 3 months

Shaolin Kung Fu Master contacted my office to help him obtain his legal permanent resident status (green card) in the U.S.   He was in the U.S. on P-3 visa, which is a visa for artists and entertainers coming to the United States to participate in culturally unique events.  After a consultation, I determined that the best way to get his legal permanent resident status was to apply under EB-1 category as an individual with extraordinary ability in martial arts, specifically Kung Fu.  INA 203(b)(1)(A). The advantage of this category is that he can self-petition for his green card and does not need a job offer and a time-consuming labor certification from the Department of Labor (certifying that there are no U.S. workers able, willing, available, and qualified for the job).

This type of petition must be filed with the U.S. Citizenship and Immigration Service (“USCIS”) accompanied by evidence that the applicant has sustained national or international acclaim and that his achievements have been recognized in the field of his expertise.  Such evidence has to include evidence of a one-time achievement (that is, a major, internationally recognized award, e.g., Nobel Prize), or at least three of the following:

(1) receipt of lesser nationally or internationally recognized prizes or awards of excellence,

(2) membership in an association in the field of extraordinary ability, which requires outstanding achievement of their members, as judged by recognized national or international experts,

(3) published materials in professional or major trade publications or other major media,

(4) participation as a judge of the work of others,

(5) evidence of original scientific, scholastic, artistic, athletic or business-related contribution of major significance,

(6) authorship of scholarly articles in the field;

(7) artistic exhibitions or showcases,

(8) performance in a leading or cultural role for organizations or establishments that have a distinguished reputation,

(9) high salary or remuneration in relation to others in the field, and

(10) commercial success in the performing arts (with focus on volume of sales and box office receipts).

8 CFR § 204.5(h)(3).  If the above standards do not readily apply to the occupation, comparable evidence may be submitted.   In this case, we submitted evidence that my client satisfied categories 1 through 3.

First, we submitted evidence that my client received numerous nationally and internationally recognized prizes and awards, including those received at the Chinese and International Wushu Championships.   Second, we submitted evidence of my client’s membership in the Shaolin Temple, an association which requires outstanding achievement of its members.  The Shaolin Temple in China is recognized as the world cultural heritage and the history of the Shaolin Temple with its fighting monks has been a very long honored tradition.  My client is one of the small numbers of Kung Fu Masters who was selected by the Shaolin Temple.  There are about 30,000 Kung Fu students surrounding the Temple, only about 100 were chosen by the Temple.   Third, we submitted numerous published materials about my client in professional and other major media.

Once the USCIS reviews the threshold evidence in three categories, it must conduct a final merits determination that considers all the evidence to determine whether the individual is at a level of expertise indicating he is one of that small percentage who has risen to the very top of his field and has sustained national or international acclaim.   In our case, the USCIS took only four months to approve the petition even though the average processing time is substantially longer.

The Immigration and Nationality Act requires that the petition is accompanied by clear evidence that the petitioner is coming to the United States to continue work in the area of extraordinary ability and that his entry into the U.S. will substantially benefit prospectively the United States.   INA 203(b)(1)(A).   In this case, we submitted evidence that my client is managing a Kung Fu organization in the United States and plans to expand it.  His mission is to share the Shaolin culture with the American people.  He has personally taught many people Shaolin Kung Fu, meditation and Buddhism in the United States and plans to continue.   He plans to expand existing free Kung Fu training to include more people who love Kung Fu but are not able to afford it.  He plans to continue teaching meditation so that more people will have the chance to benefit from meditation (such as improvement of physical strength, fitness, flexibility, stress reduction, productivity increase,  health benefits resulting from breathing training, improving confidence).   It was a great pleasure to represent this extraordinary man and help him achieve his dream.

If you would like more information or if you want to make sure you qualify for the “extraordinary” ability green card, please call 480-425-2009 or contact me at www.juraslaw.com/contact-us today!