Tardy Application to Extend/Change Status Approved

Mr. A from Nigeria was in status as an F-1 student, but while trying to change schools, he fell out of status. He had relied to his detriment upon a combination of misinformation and bad advice. Days turned into weeks, then months, and the events in his life just kept piling up.

Mr. A consulted with an experienced immigration attorney at Rodriguez & Moretzsohn, who recommended that he apply for an extension of status by filing Form I-539 with a detailed written explanation. The form instructions state that tardy filing “may be excused if you demonstrate when you file the application that: 1. The delay was due to extraordinary circumstances beyond your control; 2. The length of delay was reasonable; 3. You have not otherwise violated your status; 4. You are still a bona fide nonimmigrant; and 5. You are not in removal proceedings.”

Mr. A followed this advice and his application was approved!

Another PERM certified without any audit!

Last week, USCIS granted to Mr. M of Mexico a nonimmigrant visa to work for a company in the United States, as a civil engineer. The company then hired Rodriguez & Moretzsohn, PLLC, for help with the Program Electronic Review Management (PERM). PERM certification means an employer has tested the job market and the Department of Labor (DOL) agrees that there are no qualified and willing U.S. workers. When the DOL audits a PERM case, the processing time can be over a year.

In the case of our civil engineer, the DOL certified the company's PERM without any audit! The company now has a six-month deadline to petition for an immigrant visa for Mr. M.