Rajat P. Kuver

Examples of Cases Solved by Rajat P Kuver:

PERM Labor Certification

1. Problem showing ability to pay the wage because the U.S. petitioner's net income was lower than the proffered wage. However, the USCIS Standard Operating Procedures (SOP) states the following about Net Operating Losses (NOL):  “It is important to consider taxable income BEFORE the NOL deduction in order to determine whether the petitioner had sufficiently taxable income in the year of filing to pay the proffered wage.”  The petitioner’s most recent federal tax return shows taxable income (before the net operating loss deduction) was higher than the proffered wage. Furthermore the U.S. petitioner was a “branch” office of a large foreign company.  Because the case involved a “branch office,” the net income of the main foreign office can be considered.  

2. PERM approvals for Software Engineers.

3. PERM approval for Accountants (complex case because the employer had only 5 employees).

4. PERM approvals for Computer Systems Analysts.

5. PERM approvals for Interior Designers and Architects.

6. PERM approval for Mechanical Engineer.

7. PERM approval for Director of Chiropractic Pediatrics.

8. PERM approvals for Programmers.

9. Difficult PERM case: A-1 diplomat applied for adjustment based on compelling reasons. This remained pending for over 10 years and then it was denied. Applicant hired our law firm and we quickly prepared and filed a PERM labor certification application which was approved. We filed an I-140 petition which was approved. We filed an adjustment of status application and argued that the applicant maintained his status throughout his stay in the U.S. The application was approved and our client received his green card.

10. PERM approval for a Design Engineer.

11. PERM for Economist (Bachelor's degree plus 5 years of progressive exprience for EB-2 category).

12. PERM for Architect (Bachelor's degree plus 5 years of progressive exprience for EB-2 category).

13. PERM for a Senior Software Engineer.

14. PERM for Educational Administrator.

15. PERM for Chiropractor.

16. PERM for SAP Accountant.

17. PERM for Financial Analyst.

18. PERM for a Gilder (Painting, Coating and Decorating Worker)--EB-3 category (skilled worker).

19. PERM for a Database Administrator.

20. PERM for an Environmental Technician.

Employment-Based I-140 Petition

1. Numerous I-140 approvals for Software Engineers.

2. Numerous I-140 approvals for Accountants and Financial Analysts.

3. Numerous I-140 approvals for Multinational Managers (EB-1).

4. I-140 approval for Mechanical Engineer.

5. Numerous I-140 approvals for Programmer Analysts.

6. I-140 approval for a Design Engineer (difficult ability to pay the wage issue was resolved).

7. I-140 approval for Architect.

8. I-140 approval for Chiropractor.

9. I-140 approval for a Financial Analyst.

10. I-140 approval for a Database Administrator.

11. I-140 approval for an Environmental Technician.

Marriage Cases

1. Foreign national obtained conditional resident status for two years and then permanent resident status through marriage to a U.S. citizen. One month after receiving permanent resident status, the foreign national separated from his U.S. citizen spouse. Ultimately, the foreign national and U.S. citizen divorced. Foreign national applied for U.S. naturalization and USCIS questioned whether the marriage was bona fide. Foreign national hired attorney Kuver and documents were provided to USCIS indicating that the foreign national's marriage was bona fide and U.S. naturalization was approved.

2. Adjustment of status application stuck at the immigration office for over one year. Foreign national hired our law office and we discovered that there was a problem with the affidavit of support and resolved it. The case was approved within three months.

3. Foreign national entered as a crewman and was still able to adjust status based upon marriage to a U.S. citizen.

4. Adjustment of status approved even though problematic legalization application had been filed previously by the foreign national.

5. Adjustment approved for foreign nationals from China, Japan, India, Nepal, France, Jamaica, Romania, Israel, South Africa, Mexico and the Philippines.

6. Adjustment of status based upon marriage to a U.S. citizen approved despite complication when the applicant realized that his previous divorce had not been finalized.

7. 245(i) adjustment granted even though there was no filing receipt showing that a previous petition had been filed prior to April 30, 2001.

8. Direct filing of Form I-130 with the U.S. consulate in London. Immigrant Visa approved in half the normal time.

9. Adjustment approval despite previous domestic violence arrest.

10. Complex case involving I-130 petition returned to USCIS from the US consulate in Ethiopia for revocation. The foreign national hired us and we responded to the revocation notice and the I-130 was approved again and re-sent to the US consulate for an immigrant visa interview.

11.  Complex case involving an I-130 petition returned to USCIS from the US consulate in Pakistan for revocation.  The foreign national hired us and we responded to the revocation notice and the I-130 was approved again and re-sent to the US consulate for an immigrant visa interview.

Form I-751 Removal of Condition on Residence

1.  Many cases approved even though the married couples lived with each other for less than one year.

2.  Cases from India, Russia, Canada, Romania, Mexico, Jamaica, Israel, South Africa, the Philippines and many other countries.

3.  Obtained reopening of the case because foreign national failed to have biometrics done on time.

4.  Foreign national filed I-751 through another attorney and it was denied because the married couple lived together for less than one month.  Attorney Kuver filed a motion to reopen and provided further proof that the marriage was legitimate and the petition was approved.

5.  I-751 approved even though married couple never lived together (husband was attending university in a different location).

6.  I-751 approval despite previous domestic violence arrest.

7.  Difficult I-751 case because the foreign national hired us after the 90 day deadline for filing the petition.  The case was approved after submitting documents to prove the bona fide nature of the marriage and a reason for the late filing.

Naturalization

1. Naturalization approved even though the information on the naturalization application conflicted with information which the foreign national previously gave to the immigration office.

2. Naturalization approved even though the foreign national had divorced his U.S. citizen spouse from whom he had obtained his green card.

3. Naturalization approved even though there were two arrests and one conviction for driving under the influence of alcohol.

4. Naturalization approved for an individual who had been outside the U.S. for over 500 days (15 trips).

5. Naturalization approved despite previous arrest for false claim to U.S. citizenship.

6. Numerous disability waivers based on foreign national's dementia or other mental incapacity to learn English or take the history exam.

7. Application for replacement of naturalization certificate because of incorrect date of birth on the certificate.

8. Approvals despite shoplifting arrest and previous misrepresentation.

9. Approval despite previous domestic violence arrest.

10. Difficult naturalization approved after a marriage fraud interview (foreign national had divorced his U.S. citizen spouse less than 2 months after getting his green card).

Waivers

1. Immigrant visa applicant denied visa at U.S. consulate because of misrepresentation and unlawful presence in the U.S. for over one year. Filed I-601 waiver with USCIS by himself and was denied. Hire attorney Kuver who appealed I-601 denial to USCIS and obtained I-601 approval within two months.

2. I-212 waiver approved despite prior removal (application for permission to reapply for admission after deportation).

3. I-601 waiver approved despite prior unlawful presence in the U.S.

4. I-212 waiver, application for permission to reapply for admission after deportation, approved on appeal to the Administrative Appeals Office (AAO).

Deferred Inspection (U.S. Customs and Border Protection)

1. U.S. lawful permanent resident has criminal case pending overseas. Upon return to the U.S., he was given deferred inspection with an appointment to speak to a U.S. Customs and Border Protection (CBP) officer. Mr. Kuver attended the interview with the foreign national and he was allowed to re-enter the U.S. as a lawful permanent resident alien.

2. Foreign national was allowed to obtain a new green card even though he had a criminal case pending overseas. Difficult case because we had to prove that the foreign national did not abandon his green card and that he remained admissible to the U.S. despite the ongoing criminal case.

L-1A and L-1B Intracompany Transferees

1.  Many new office L-1A approved; L-1A extension also approved; Multinational Manager (EB-1) green card also approved.

2.  L-1B approval for Software Engineer.

3.  L-1B approval for a Computer Systems Engineer.

E-1 and E-2 Treaty Traders

1.  E-2 approval for the owner of an Italian restaurant.

2.  E-2 approval for the owner of a school.

3.  E-2 approvals for chiropractors.

4.  E-1 approval for Logistics and Export Manager.

5.  E-1 approval for Human Resources Manager.

6.  E-1 approval for a Business Development Manager.

7.  E-1 approval for an IT Manager.

8.  E-1 approval for a Manager of Financial Services.

J-1 Waivers

J-1 waiver approved based upon no objection letter for a teacher from Spain.

H-1B Workers

1.  H-1B approvals for physicians.

2.  H-1B approvals for software engineers.

3.  H-1B approval for accountant (complex case because the employer only had 5 employees).

4.  H-1B approvals for electrical engineers.

5.  H-1B approvals for architects.

6.  H-1B approvals for computer systems analysts and programmers.

7.  H-1B approvals for database administrators;

8.  H-1B approval for graphic designer (difficult case because the employer only had 1 other employee).

9.  H-1B approvals for physical therapists.

10.  H-1B approvals for Market Research Analysts.

11.  H-1B approval for Mechanical Engineer.

12.  H-1B approval for a Computer Systems Engineer.

13.  H-1B approval for an Auditor.

14.  H-1B approval for an Educational Administrator.

15.  H-1B approval for Chiropractor.

16.  H-1B approval for a Financial Analyst (was able to recapture time spent outside the U.S.).

17.  H-1B approval for a Mental Health Counselor.

18.  H-1B approval for an Elementary School Teacher.

19.  H-1B approval for a Research Associate.

20.  H-1B approval for a Bioinformatics Technician.

21.  H-1B approval for a Programmer Analyst (difficult case because this case involved a long-term placement at a third party worksite).

22.  H-1B approval for a Health Educator.

23.  H-1B approval for an International Financial Analyst.

Change of Status to F-1

1.  Numerous change of status approvals from H-4 to F-1.

Multinational Manager Green Cards

1.  Numerous approvals for multinational manager green cards.  Most of these were difficult cases because they involved new offices where we received an initial 1 year in L-1A status and then a 3 year extension in L-1A status and then approval of the I-140 and adjustment of status.  

Extraordinary Ability Green Cards

1.  EB-1 approval for an extraordinarily ability alien (Research Scientist in Biochemistry).

P-3 Cultural Performers

1.  Musician petition approval for individual and group (Nepal).

2.  Musician petition approval for individual and group (India).

3.  P-3 approved for an 11 member musical group.

4.  P-3 approval for an Australian national.

O-1 Outstanding Ability Individuals

1.  O-1 approved for an extraordinary alien (photographer).

Special Immigrant Juvenile

1.  Probate court issued guardianship order.  Form I-360 Special Immigrant Juvenile Petition approved by USCIS.

National Visa Center

1.  Case approved even though the applicant did not have a birth certificate or marriage certificate.

2.  Immigrant visa approved at the U.S. consulate even though foreign national had been in removal proceedings, had appealed the denial of his asylum case, and voluntarily departed from the U.S.

3.  Many successful immigrant visa cases for foreign nationals from Mexico, India, Nepal, China, Philippines, Congo, Nigeria, and many other countries.

Board of Immigration Appeals

1.  Asylum granted on appeal for foreign national from Guinea.

2.  Cancellation of removal application approved on appeal.

3.  Successful asylum appeal for foreign national from Bosnia.

Removal Proceedings

1.  Adjustment of status based upon marriage approved by the immigration judge.

2.  Adjustment granted by the immigration judge even though there were convictions for DUI, possessing a dangerous weapon, and driving without a license.

3.  Obtained motion to reopen from the Board of Immigration Appeals and termination of removal proceedings so that client could adjust status and obtain a green card based upon the approval of a U visa petition as the victim of a crime.

4.  Cancellation of removal approved by the immigration judge.

Fiance Petitions

1.  K-1 fiance petition approvals from Canada, Morocco, China, Ukraine, Russia, and Peru.

Reentry Permits

1.  Requested expedited biometrics appointments so that the applicant to leave the U.S. to travel as soon as possible.

2.  Obtained reentry permits for U.S. lawful permanent residents from Honduras, Bulgaria, Fiji.

3.  Reentry permit approved for a foreign national who spent less than 6 months in the U.S. in the past 5 years.

4.  Biometrics appointment rescheduled to a new location and then reentry permit approved.

U Visa Petitions (Crime Victims)

1.  Obtained numerous U visa approvals for crime victims.

TN Visas

1.  TN approvals for Management Consultants.

B-1 and B-2 Visas and Extensions

1.  B-2 extension approved due to pregnancy.

2.  B-1 extension approved due to conference attendance.

3.  B-1 visa approved by the U.S. consulate in China.

Asylum

1.  Asylum approvals for Fiji, Pakistan, Peru, Iraq and nationals of other countries.

2.  I-730 approvals for dependent spouse and children of asylees.

Form I-360, Religious Ministers

1.  Approval for Prayer Minister and adjustment approved also.

DV Lottery

1.  Adjustment of status based upon visa lottery.

Name Changes

1.  Obtained name change from the Superior Court and then filed a Form I-90 to get a new green card with a new name for the foreign national.