EB-5 I-526 and I-829 approved
Jan 01, 2014OUTCOME: I-526 approved
Converted E-2 visa to EB-5. I-526 approved and then I-829 approved.
Shahzad Ahmed's Legal Cases (6)
Orlando, FL
Immigration Lawyer at Orlando, FL
Practice Areas: Immigration
L-1 Success Story
Mar 04, 2013OUTCOME: L-1 Approved
DISCLAIMER Pursuant to the rules of the Florida Bar, you are advised that if past results are mentioned, each case is different and those provided may not be representative of the results obtained by ... the lawyers.--------------------------------------------- A Success Story: Overcoming an L-1 Denial ----- In January of 2013, a business owner, in the dynamic field of electronic medical record systems, brought his troubled case to our office. Accompanied by him was the foreign national from Pakistan, Mr. F, whom the owner wished to transfer from his Pakistani parent company to his U.S office. Mr. F was employed as a manager by the parent company in Pakistan. For this, the employer had filed a petition via another attorney. However, the employer received a Notice of Intent to Deny (NOID). Background: The L-1 Visa is available for foreign national executives, managers and other persons with specialized knowledge who have been working for a non-U.S. company and who may be transferred to a U.S. company. The U.S. company must be a subsidiary, branch, affiliate or joint venture partners of the non-U.S. company. The NOID cited concerns that the employer had not established that Mr. F’s duties would be managerial in nature; that simply having the title “manager” is not sufficient to qualify for the managerial role for the L-1 visa requirements. As a result, the NOID further requested extensive documentation of the U.S. and foreign company’s operations and the U.S. company’s staffing levels and the roles of the intended subordinates of Mr. F. Our office thoroughly interviewed the principals of the business and analyzed their roles. We further examined the business documentation of the U.S. and foreign offices. Finally, we prepared a detailed attorney cover letter for the USCIS, attaching extensive supporting evidence and citing the relevant case law. Within two weeks of filing the answer, the USCIS sent an electronic notification of the approval of the petition. Mr. F is now in L-1 status. The employer is now ready to petition for Mr. F’s residency. This case illustrates how important it is to prepare the L-1 petitions in accordance with the strict requirements of the regulations.
Cancellation of Removal
Feb 15, 2013OUTCOME: Cancellation of Removal Approved for a lawful permanent resident
DISCLAIMER Pursuant to the rules of the Florida Bar, you are advised that if past results are mentioned, each case is different and those provided may not be representative of the results obtained by ... the lawyers. -------------------------------------------------- Shahzad Ahmed wins Cancellation of Removal case On February 11, 2013, an Immigration Judge at the Immigration Court of Orlando, granted Cancellation of Removal for a case that Attorney Shahzad Ahmed litigated. This case involved a 36 year old lady from Jamaica who had been a lawful permanent resident of the United States since she entered the United States in 1981 at the age of 4. While attending college, Ms. K. chose a wrong path in life and wrote a series of worthless checks. She was convicted of several grand theft charges. As a result, she was placed in removal proceedings. However, she moved from her prior residence before receiving the court hearing notice. As a result, an order of removal was entered against her in absentia. Last year, Mr. Ahmed filed a motion to reopen the deportation case. This was granted by the Immigration Judge. Upon reopening, Mr. Ahmed requested the judge set the case for a hearing on the relief in this case and the case was set for trial. Mr. Ahmed provided extensive evidence to the court showing the rehabilitation of Ms. K in this case. She had paid off her student loans and had been working at a job entrusting her with cash flow of the company. This was presented as direct evidence of her rehabilitation from her past offenses. Further, Ms. K was prepared extensively to testify in court. After reviewing the evidence and hearing the testimony, the Immigration Judge granted Cancellation of Removal. Now, Ms. K. is on her way to applying for citizenship.
O-1 visa as an alternative to the H-1B
Dec 01, 2012OUTCOME: O-1 petition approved
DISCLAIMER Pursuant to the rules of the Florida Bar, you are advised that if past results are mentioned, each case is different and those provided may not be representative of the results obtained by ... the lawyers. ------------------------------------------------- In June of 2012, a client who was on F-1 visa status came to us. She was concerned that she had missed the H-1B cap for the fiscal year and so faced being possibly out of status. She had a bachelor in Accounting and a Master in Business. So we interviewed her credentials closely and it turned out that she had made high achievements in her field. We evaluated her case for the O-1 Extraordinary Ability Visa. Sure enough, it turned out that she had made some significant contributions in her field of Accounting by devising certain new techniques.
A Success Story: Using the B visa
Sep 01, 2010OUTCOME: B-1 properly used
DISCLAIMER Pursuant to the rules of the Florida Bar, you are advised that if past results are mentioned, each case is different and those provided may not be representative of the results obtained by ... the lawyers. -------------------------------------------------- Our firm was contacted by the agent of an international pop star who needed to travel to the U.S. urgently for a major performance. He wanted to perform immediately in order to raise funds for a humanitarian cause. The problem: The performer did not have a P-3 visa, which is for a performer of a culturally unique program. Applying for a P-3 visa would take time, and time was a luxury that this philanthropic artist could not afford. We asked the agent about the exact nature of the performer's visit. We learned that the pop singer would be coming temporarily and performing without any employment or contract. Also, he did have a B-1/B-2 visitor visa for business or pleasure. Upon research, we found a specific regulation for just such an instance. The regulation permits a person of distinguished merit and ability seeking to perform temporary services of an exceptional nature to enter the United States on a B-1 visa (visitor for business), as long as he or she has no contract or prearranged employment. We advised the performer';s agent of this regulation. Quickly, the agent made arrangements for the show in the U.S. This example shows that the B-1/B-2 visa, although restricted to specific purposes, may serve as a catch-all provision in some instances. Before using this important and popular visa, be sure to consult with an experienced immigration attorney.
Saving a Battered Spouse from Deportation
Sep 01, 2010OUTCOME: Cancellation of Removal for a Battered Spouse Granted
DISCLAIMER Pursuant to the rules of the Florida Bar, you are advised that if past results are mentioned, each case is different and those provided may not be representative of the results obtained by ... the lawyers. ------------------------------------------------ In November of 2008, a divorced woman of Egyptian origin consulted with us about her immigration options. She was in removal proceedings after her ex-husband, a U.S. citizen, had abandoned the immigration petition he filed for her. Her previous attorney, not seeing any form of relief, had abruptly withdrawn from her case, leaving her unrepresented. We carefully considered various options. The client was not eligible for Cancellation of Removal since she had not been in the U.S. for 10 years prior to the commencement of the deportation proceedings. She had entered the U.S. in 2001 on a visit visa and overstayed her status. She did have custody of her U.S. citizen child with her ex-husband. But since this daughter was only 4 years of age, she was not eligible to petition for our client. With no other options remaining, we closely questioned our client about the nature of the relationship with her former husband. We concluded that while the marriage was bona fide (not for the purpose of evading the immigration laws), the client was troubled and holding back some information. We advised her that it was important to disclose everything to us and that she should return for another meeting mentally prepared to share more details with us. About a week later, the client contacted our firm again for a second meeting. During this meeting, she shared more details about her relationship with her ex-husband. The client revealed suppressed memories of horrific abuse by her spouse. Slowly and emotionally, she explained how her ex-husband had physically abused her, isolated her and even forced her to perform an abortion. We concluded that our client was eligible for Special Rule Cancellation of Removal for a Battered Spouse. For this type of Cancellation of Removal, the applicant must prove that she has been continuously residing in the U.S. for at least 3 years, that she has born good moral character during this time and that she has been subjected to physical abuse or extreme cruelty. We began documenting her case with all the evidence. We requested our client to provide as much evidence of the abuse as possible. Since such evidence is usually hard to obtain, we also had our client obtain a psychological evaluation to confirm symptoms of Post Traumatic Stress Disorder. Accordingly, we filed for this relief with the Immigration Judge, who scheduled a trial date for this case. At the trial, the government opposed the grant of Cancellation of Removal, partly on the grounds that during her marriage interview while she was married to her now ex-husband, the client did not mention anything about the abuse. Over our objection, the Immigration Judge agreed with the government's counsel, finding the client's story not credible and denied relief. Our firm immediately filed an appeal with the Board of Immigration Appeals. In our appeal, we argued that requiring the applicant to disclose the abuse would undermine the very purpose of the VAWA legislation, which was to protect the victim who is afraid of the immigration consequences of disclosing the abuse. Moreover, the officer conducting the marriage interview never asked our client whether she was abused. In September of 2010, the Board of Immigration Appeals issued a decision favorably to our client. The Board agreed with our reasoning and granted Cancellation of Removal to our client. 8 years after the abusive relationship, our client received justice. Now she is on her way to becoming a lawful permanent resident. This case illustrates the complexity of immigration law; yet knowledge of the law and persistence can lead to justice.
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