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Immigration Articles

Insights from Our Immigration Attorneys

Case studies, legal updates, and practical guidance from the attorneys at The Lindain Law Firm, PC — helping you understand the U.S. immigration system one article at a time.

Latest ArticleJune 7, 2026

Naturalization

Overcoming Past Mistakes: Successfully Navigating Naturalization

A prior criminal record or immigration violation does not automatically bar someone from becoming a U.S. citizen. In this article, we walk through a recent case where our client — who had a decade-old misdemeanor on his record — successfully obtained naturalization after careful preparation, honest disclosure, and a well-documented showing of good moral character. We outline the legal standards USCIS applies and the strategies that made the difference.

Employment-Based ImmigrationApril 24, 2026

From RFE to Approval: An EB-2 NIW Win for a Physician-Scientist

Receiving a Request for Evidence (RFE) on an EB-2 National Interest Waiver petition can feel like a setback — but with the right response strategy, it can become an opportunity to strengthen your case. We share how we helped a physician-scientist overcome a detailed RFE challenging the national importance of her research, ultimately securing an approval that will allow her to continue her work in the United States without employer sponsorship.

Family-Based ImmigrationMarch 31, 2026

An Eleven-Year Wait for Second Chances

For some families, the immigration journey is measured not in months but in years — even decades. This article tells the story of a client who waited eleven years in the family preference backlog before his priority date finally became current. We discuss how we helped him navigate the adjustment of status process, address a prior overstay issue, and ultimately reunite with his family in the United States.

Employment-Based ImmigrationMarch 18, 2026

Another EB-3 Approval: IT Support Specialist

Employment-based third preference (EB-3) visas remain one of the most reliable pathways for skilled workers and professionals. We recently secured approval for an IT Support Specialist whose employer had been hesitant to begin the PERM labor certification process. This article breaks down the EB-3 timeline, what employers need to know about the PERM process, and how we guided both the employer and the beneficiary to a successful outcome.

Employment-Based ImmigrationOctober 14, 2025

An EB-3 Success Story for a Russian Architectural Designer

Nationals of countries with high visa demand face unique challenges in the employment-based immigration system. In this case study, we detail how we helped a Russian architectural designer — whose priority date had been retrogressing for years — successfully complete the adjustment of status process the moment his date became current, avoiding any further delays and securing his permanent residence.

Removal DefenseAugust 1, 2025

How a Sua Sponte Motion to Reopen Led to Adjustment of Status

When a client has an old removal order and a new path to legal status, a sua sponte motion to reopen before the immigration court can be a powerful — though rarely granted — remedy. We explain what sua sponte reopening means, the high standard the Board of Immigration Appeals applies, and how we successfully argued that our client's exceptional circumstances and strong equities warranted a second look, ultimately leading to an approved adjustment of status.

Employment-Based ImmigrationApril 25, 2022

A Triumph for Global Motivation: EB-2 NIW Petition Approval

An entrepreneur, author, and motivational leader sought EB-2 National Interest Waiver classification to establish and lead a multimedia and e-commerce company in Southern California. Despite a detailed Request for Evidence challenging national importance, job creation, and the waiver benefit, we submitted a comprehensive response — including expert testimony from a university dean, a meticulous business plan projecting 11 jobs, and evidence of a global broadcasting agreement — to secure approval.

Employment-Based ImmigrationSeptember 15, 2020

EB-2 for an Iranian Construction Superintendent

When a small-to-mid-sized business sponsors a foreign national for permanent residence, every element of the case has to align. This article walks through a recent EB-2 I-140 approval — and subsequent adjustment of status — for an Iranian civil engineer sponsored by a Southern California general contractor. We cover what made the filing work: a genuinely professional position, overbuilt credentials, unambiguous ability-to-pay evidence, and a clean PERM certification.

USCIS NewsApril 23, 2020

Trump's Executive Order Suspending Immigration for 60 Days

On April 22, 2020, President Trump signed an executive order suspending new immigrant visa processing for 60 days, citing the need to prioritize unemployed Americans for jobs as the economy reopened during the COVID-19 pandemic. The order did not affect foreign nationals already in the U.S. applying for green cards through USCIS, but impacted thousands abroad with pending immigrant visa applications. We break down what the order covers, what it does not, and the opposition it immediately drew.

USCIS NewsApril 14, 2020

Options Available to Nonimmigrants During COVID-19 Emergency

With many nonimmigrants unable to depart the U.S. before their authorized stay expired due to the COVID-19 national emergency, DHS and USCIS confirmed the relief options available: timely extension or change-of-status filings, automatic 240-day employment authorization extensions, flexibility for late filings based on extraordinary circumstances, and satisfactory departure grants for Visa Waiver Program entrants unable to leave.

USCIS NewsApril 2, 2020

USCIS Temporary Office Closure Extended Until May 3

USCIS announced that its temporary suspension of in-person services at field offices, asylum offices, and application support centers — first imposed on March 18, 2020 — would extend through May 3, with offices set to reopen May 4 barring further extension. We cover what the closure means for scheduled appointments, naturalization ceremonies, asylum interviews, and biometrics appointments, and where to find the full USCIS announcement.

Immigration Court NewsDecember 9, 2019

EOIR Announced Opening of Van Nuys Immigration Court

The Executive Office for Immigration Review expanded its Los Angeles presence on December 9, 2019, by opening a new immigration court in Van Nuys. The Los Angeles – Van Nuys Blvd. Immigration Court covers Kern, San Luis Obispo, Santa Barbara, and Ventura counties, as well as parts of Los Angeles County. This article provides the court's address, hours of operation, and telephone number for practitioners and respondents in the region.

Removal DefenseDecember 2, 2019

Immigration Benefit of California Penal Code Section 1203.43

A lawful permanent resident facing removal based on a methamphetamine conviction under California H&S §11377(a) successfully had his removal proceedings terminated after the Superior Court dismissed his conviction under California Penal Code §1203.43. We explain how AB 1352 — enacted because the DEJ statute provided noncitizens with misinformation about the immigration consequences of their plea — eliminates the conviction for immigration purposes entirely, unlike a standard §1203.4 expungement.

Removal DefenseNovember 4, 2019

The Petty Offense Exemption

A student visa holder with a single 2014 misdemeanor conviction for disorderly conduct-solicitation of prostitution faced scrutiny when he applied for a green card as a derivative beneficiary of his wife's employment-based petition. We successfully argued that his conviction qualified for the mandatory petty offense exemption under INA §212(a)(2)(A)(ii)(II) — requiring only one crime involving moral turpitude, a sentence of no more than six months, and a maximum possible penalty of one year or less — and his adjustment of status was approved.

Removal DefenseNovember 1, 2019

§237(a)(1)(H) Waiver

Section 237(a)(1)(H) of the Immigration and Nationality Act provides a waiver of deportability for certain lawful permanent residents who obtained their green card through fraud or misrepresentation, provided they meet specific eligibility requirements. This article explains who qualifies for this often-overlooked waiver, what evidence is required, and how it can be a lifeline for long-time residents facing removal on grounds related to their original admission.

Legal Disclaimer: The articles published on this page are for general informational purposes only and do not constitute legal advice. Reading these articles does not create an attorney-client relationship. Immigration law is highly fact-specific and subject to change. Please consult with a qualified immigration attorney regarding your individual circumstances.

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