Today I got green card approvals for a family from Chile. I have represented the family since 2010. They were here on L1A visas. In 2015, their I-140 EB1 was denied because USCIS could not understand the concept that his company would need an international executive to manage a mechanical heavy equipment distributor. At the time, the company was grossing 3 million dollars and had 3 employees. We appealed to the AAO and simultaneously filed a new i-140 because by the time the appeal was filed the business had tripled in size and was grossing 9 million dollars and had 6 US employees and 16 in Chile. Also by this time, the client had invested enough to qualify for an EB-5 so we filed that for good measure.
The AAO sustained our appeal and on remand, the original and the new I-140 were both approved.
But the saga did not end there because USCIS refused to reopen the I-485s that had also been filed. We sued in federal court on mandamus and within 30 days the cases were reopened and scheduled for an interview. I had the most pleasant interview with a Senior Adjudicator today in the Dallas field office where the officer said that my clients were “a lovely family,” and apologized for all they had been through. He also acknowledged that the government had messed up in this case. They are the definition of the American Dream. They started a business where they now employ 16 people in Chile and 8 in the US. They own their home and have kids in college.
This was a long, stressful and expensive path to permanent residence for this family, but, today there were tears of joy. So proud to be a small part of their US success story.
There were so many people who worked on this case starting with Amber, Lindsey, Courtney, Erin, and others
How did we do?
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