Historias de éxito

In October 2025, our firm filed a Petition for Review of Denial of Application for Naturalization Pursuant to 8 U.S.C. § 1421(c) and Request for De Novo Hearing with the U.S. District Court for the Eastern District of California, challenging USCIS's denial of our client's Application for Naturalization. In January 2026, just three months later, the government agreed that there were no known impediments to our client's naturalization and stipulated to dismissal so that USCIS could adjudicate the application. USCIS then reopened and approved our client's N-400 application. USCIS claimed that our client's admission as a permanent resident was not proper because they were no longer married to their spouse at the time USCIS issued the green card. Our client received a green card in 2016 through their spouse's employment based petition. Years earlier, in 2013, the spouse had filed for divorce. The court set the divorce to become final in 2015, but before then, the couple tried to save their marriage, and the court pushed the divorce date back to 2016. This meant our client was still legally married both when they applied for the green card in 2015 and when it was approved in early 2016. Our client also told the USCIS officer about the pending divorce at the green card interview, and the couple kept living together as a family for years afterward. However, relying on an outdated version of the divorce judgment, USCIS concluded that our client was already divorced when the green card was approved, making our client ineligible for the green card and therefore not lawfully admitted for permanent residence. USCIS also accused our client of material misrepresentation and refused to credit our client's disclosure of the pending divorce at the green card interview. Our client's previous attorney then filed an N-336 Request for a Hearing, submitting the amended divorce judgment, sworn declarations from our client and their former spouse, and a letter from our client's divorce attorney. In 2025, more than three years later, USCIS denied the request, once again relying on the incorrect divorce date, ignoring the declarations and attorney letter, and alleging that our client improperly extended the marriage and made a material misrepresentation. Our client then turned to our firm. Having exhausted all administrative remedies, Attorney Nguyen D. Luu and his legal team sought judicial review in federal court. By presenting the amended court judgment and a clear record of disclosure, we overcame USCIS's erroneous findings. Facing federal court review, the government agreed to dismiss the case and return the application to USCIS for prompt adjudication. USCIS then reopened and approved our client's naturalization application, and after years of wrongful denial, our client is now a U.S. citizen. We are proud to have secured this favorable outcome and to continue protecting immigrants from wrongful denials caused by agency error.

In 2025, our office successfully assisted a client in obtaining an H-4 visa from the U.S. Consulate in India, despite the client's past association with Integra Technologies Inc. While previously in the United States as an F-1 international student, the client participated in the Optional Practical Training (OPT) program and was employed by Integra Technologies. Unknown to the client at the time, Integra Technologies, along with Andwill and Wireclass, were later alleged to be shell companies. These entities reportedly recruited primarily Indian students and charged them fees for "training" in exchange for temporary employment intended to satisfy F-1 OPT requirements. They allegedly promised legitimate training, networking opportunities, and internships, and many students relied on these representations when accepting job offers. Following an NBC Bay Area investigation that exposed the questionable practices of Integra, Andwill, and Wireclass, U.S. Citizenship and Immigration Services (USCIS) closely scrutinized many former students associated with these and related entities, including AZTech. USCIS issued Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs), and its Fraud Detection and National Security (FDNS) unit conducted interviews alleging misrepresentation and fraud. As a result, numerous individuals faced denials of their immigration applications and revocation of their visas. In 2025, our client traveled to India to visit family and applied for an H-4 visa at the U.S. Consulate. Before the interview, Attorney Nguyen D. Luu reviewed the client's employment history and prepared the client and supporting documentation for questioning about Integra. During processing, the Consulate requested extensive documentation regarding the client's prior F-1 employment, including dates of employment, job duties, compensation, and a detailed curriculum vitae. As anticipated, the consular officer questioned the client about their past association with Integra. Because the client was thoroughly prepared and well documented, the visa was approved and issued within a few days. Our client was able to return to the United States and reunite with their family.  If you were previously associated in any capacity with Integra Technologies, Andwill, Wireclass, AZTech Technologies, FINDREAM, SINOCONTECH, Tellon Trading, Inc., Arecy, CG Max Design Corporation, or XCG Design Corp, it is critical to consult with an experienced immigration attorney as early as possible. Early legal guidance can help identify potential issues, mitigate risk, and develop a strong strategy before applying for any immigration benefit.

In a September 2026 decision, USCIS approved the I-601 Applications for Waiver of Grounds of Inadmissibility for both of our clients, a married couple, just five weeks after our office responded to their Notices of Intent to Deny (NOID). Our clients are the principal beneficiary and derivative spouse of an approved employment based I-140 petition. Both are accomplished researchers and university faculty members who have lived in the United States for over a decade and are raising U.S. citizen children. After their I-485 Adjustment of Status interviews in July 2026, USCIS issued nearly identical NOIDs to each spouse, finding them inadmissible under INA § 212(a)(3)(D) because they were former members of the Chinese Communist Party while students in China. Our clients contacted our office after receiving the NOIDs. Attorney Nguyen D. Luu reviewed the NOIDs, the case files, and the circumstances under which each client joined the Party. Attorney Nguyen D. Luu determined that the NOIDs contained material errors, including applying an improperly heightened standard of proof, failing to consider the exceptions for past membership and non meaningful association, misstating the standard for involuntary association, and relying on generalized security concerns rather than any individualized evidence. Furthermore, our clients qualified for the I-601 Waiver, which for this ground of inadmissibility does not require a showing of extreme hardship. Our office prepared two substantive NOID responses with memoranda of law and extensive supporting evidence, including detailed client declarations, the Communist Party's own constitution showing automatic termination of membership, favorable legal authorities, evidence of our clients' professional contributions to the U.S. public interest, etc. While not conceding inadmissibility, we also filed an I-601 Waiver application for each spouse as a precaution to avoid further delay. USCIS approved both I-601 Waivers on the same day, approximately five weeks after receiving our responses. Our clients can now move forward with their green card applications and remain united with their children in the United States. See our successes: I-601 Waiver of Communist Party Member Inadmissibility Approved Within 10 Weeks After Two Prior I-485 Denials (May 2026) Successfully Reversed Previous Denial of I-485 Green Card Application for past member of Communist Party (January 2024) Successfully Reversed Immigrant Visa Denial Without Filing I-601 Waiver for Former Member of Communist Party (November 2025) Obtained Immigrant Visa for Past Member of Communist Party Without Filing I-601 Waiver (July 2020) I-601 Waiver of Communist Party Member Inadmissibility Approved within 7 weeks (March 2020) USCIS Request for an I-601 Waiver of Communist Party Member Inadmissibility Withdrawn Without Filing I-290B form- Client Received Green Card (June 2019) Success Story: I-601 Waiver of China Communist Party Member Inadmissibility Approved (Oct 2020) Obtained Green Card for Past Member of Communist Party Without Filing an I-601 Waiver Application (March 2021) Can I-601 Waiver be Granted on the Basis of "Public Interest" Alone? Yes, it could. (April 2021) Success Story: I-601 Waiver of China Communist Party Member Inadmissibility Approved within 3 weeks (November 2021) Success Story: I-601 Waiver of China Communist Party Member Inadmissibility Approved within 3 days (May 2022) Policy Alert: USCIS Issues Policy Guidance Regarding Inadmissibility Based on Membership in a Totalitarian Party (October 2nd, 2020)

Despite strong opposition from the Department of Homeland Security (DHS), our office successfully reopened an in absentia removal order for a client who was stranded outside the United States, brought the client back to the U.S., and then obtained a September 2026 order from the Concord Immigration Court terminating the removal proceedings entirely. Our client, a software engineer, has lived and worked in the U.S. on E-3 visas since 2020. After our client changed employers and reentered on a new E-3 visa, the former employer withdrew its old petition. DHS wrongly treated this as an overstay and placed our client in removal proceedings. Because every notice was mailed to our client's old address, our client never knew the case existed and was ordered removed in absentia. Our client only learned of the order after a holiday trip abroad, when border officers refused to let them back into the country. Overnight, our client was locked out of the U.S., with their home, job, and spouse's status all at risk. Our client contacted our office for help. Attorney Nguyen D. Luu reviewed the record and determined that our client never received proper notice and had maintained lawful status at all times. Even though our client was outside the country, Attorney Nguyen D. Luu concluded that the Immigration Court still had the power to reopen the case. Our office filed an expedited motion to rescind the removal order and reopen the proceedings. DHS opposed, arguing the Court had no jurisdiction because our client had left the U.S. We filed a reply citing Board of Immigration Appeals precedent holding that departure does not bar reopening when a person never received notice. In less than one month, the Immigration Judge agreed and rescinded the removal order. Our client then obtained a new E-3 visa and was lawfully readmitted to the United States. Our office then moved to terminate the case, showing that the former employer's petition withdrawal never affected our client's new E-3 status. The Immigration Judge granted our motion, finding our client was not removable as charged. Our client is now back home in the U.S., working and living with their spouse, with the removal case fully behind them. 

In May 2026, USCIS approved our client's I-601 Application for Waiver of Grounds of Inadmissibility for past membership in the Chinese Communist Party, approximately ten weeks after our office filed it. The approval came after our client's green card application had been denied twice while represented by previous counsel. Our client is the spouse and derivative beneficiary of an employment based immigrant petition. In 2025, the USCIS New York Field Office denied our client's I-485 Adjustment of Status application, finding our client inadmissible as a former member of the Chinese Communist Party and claiming the membership was voluntary and based on belief in the Party's ideals. Previous counsel filed an I-290B Motion to Reopen, which USCIS granted, but USCIS then issued a Request for Evidence demanding official records from China proving exactly when our client's memberships began and ended. When previous counsel could not produce such records, USCIS denied the I-485 again. As our client's green card process had stalled for nearly two years, they contacted our office seeking assistance. Attorney Nguyen D. Luu reviewed the client's case file and the circumstances under which they joined the Party. Attorney Nguyen D. Luu determined that our client qualified for the exceptions under the Immigration and Nationality Act, since the membership was past, non meaningful, and the result of social and academic pressure rather than political belief. Furthermore, our client also qualified for the I-601 Waiver, which for this ground does not require a showing of extreme hardship. Our office prepared a substantive memorandum of law and extensive supporting documents to establish that our client qualified for the exceptions and should not have been found inadmissible. As a precaution, and to avoid any further delay, we also submitted an I-601 Waiver application with substantial evidence of family unity, our client's professional contributions, and favorable AAO decisions. Just ten weeks after receiving our filing, USCIS approved the I-601 Waiver. Our client's I-485 was subsequently approved, and our client can now remain united with their spouse in the United States as a permanent resident. See our successes: Successfully Reversed Previous Denial of I-485 Green Card Application for past member of Communist Party (January 2024)  Successfully Reversed Immigrant Visa Denial Without Filing I-601 Waiver for Former Member of Communist Party (November 2025) Obtained Immigrant Visa for Past Member of Communist Party Without Filing I-601 Waiver (July 2020) I-601 Waiver of Communist Party Member Inadmissibility Approved within 7 weeks (March 2020) USCIS Request for an I-601 Waiver of Communist Party Member Inadmissibility Withdrawn Without Filing I-290B form- Client Received Green Card (June 2019) Success Story: I-601 Waiver of China Communist Party Member Inadmissibility Approved (Oct 2020) Obtained Green Card for Past Member of Communist Party Without Filing an I-601 Waiver Application (March 2021) Can I-601 Waiver be Granted on the Basis of "Public Interest" Alone? Yes, it could. (April 2021) Success Story: I-601 Waiver of China Communist Party Member Inadmissibility Approved within 3 weeks (November 2021) Success Story: I-601 Waiver of China Communist Party Member Inadmissibility Approved within 3 days (May 2022) Policy Alert: USCIS Issues Policy Guidance Regarding Inadmissibility Based on Membership in a Totalitarian Party (October 2nd, 2020)

Federal Lawsuit Successfully Forced USCIS to Reverse a Wrongful H-1B Denial for Client That Was Previously Associated with Dream Chase Technology LLC (December 2025)

In November 2025, our office successfully reversed an immigrant visa denial and rendered the U.S. Consulate’s request for an I-601 Waiver moot for a client applying for an immigrant visa. Our client was the beneficiary of an approved family based immigrant petition based on a parent child relationship. Our client had previously joined the Communist Party as a mandatory condition of employment with a state owned enterprise. The client’s membership spanned more than twenty years during their employment. The client had no ideological beliefs, political convictions, or leadership involvement in the Party and remained only a passive member. After retirement, the client stopped paying membership dues and no longer attended any meetings or activities associated with the Party. Unfortunately, the client did not obtain formal documentation certifying termination of Party membership. The client attended an immigrant visa interview at the U.S. Consulate. Following the interview, the Consulate requested detailed written responses regarding the client’s past Communist Party membership. At that time, the client was not represented by an attorney. After submitting responses to the consular officer, the client was issued a visa denial pursuant to INA section 212(a)(3)(D). The U.S. Consulate further requested that the client apply for an I-601 Waiver of Inadmissibility with USCIS. Under U.S. immigration law, prior membership in a totalitarian party such as the Communist Party may result in a finding of inadmissibility, often leading to visa refusal and the requirement to file an I-601 Waiver. These waiver applications frequently involve lengthy processing times and prolonged family separation. Based on our experience, I-601 waivers for former Communist Party members can take at least one year to process, and USCIS publicly indicates that processing may take more than three years. Due to the anticipated delay, the client contacted our office for legal assistance. Attorney Nguyen D. Luu and our legal team conducted a thorough review of the case history. Through strategic legal advocacy, carefully crafted legal arguments, and comprehensive supporting evidence, we demonstrated that the client qualified for statutory exceptions under the Immigration and Nationality Act. As a result of our advocacy, including direct communication with the U.S. Consulate and multiple follow ups, the Consulate withdrew the visa denial, determined that an I-601 Waiver was no longer required, and cleared the client for immigrant visa issuance. We are pleased to have successfully assisted our client in overcoming this complex legal issue and enabling family reunification in the United States without unnecessary delay. Related Success Stories: Success Story: Federal Lawsuit Forced USCIS to Concede and Reverse Course on An Improper Denied I-130 and I-485 Petitions (March 2024) Federal Lawsuit Successfully Forced USCIS to Reverse a Wrongful Denial of an I-485 and I-601 Waiver Application for past CCP member (February 2024) Successfully Reversed Previous Denial of I-485 Green Card Application for past member of Communist Party (January 2024) Success Story: I-485 Application Approved within 14 days after Responding to RFE for Client That Was a Past Member of Chinese Communist Party (July 2023) Success Story: I-601 Waiver of China Communist Party Member Inadmissibility Approved within 3 days (May 2022) Success Story: I-601 Waiver of China Communist Party Member Inadmissibility Approved within 3 weeks (November 2021) Could an I-601 Waiver be Granted on the Basis of "Public Interest" Alone? Yes, it could. (April 2021) Obtained Green Card for Past Member of Communist Party Without Filing an I-601 Waiver Application (March 2021) Success Story: Federal Lawsuit Forced USCIS to Concede and Reverse Course on An Improper Denied I-130 Petition (February 2021) Success Story: I-601 Waiver of China Communist Party Member Inadmissibility Approved (Oct 2020) Obtained Immigrant Visa for Past Member of Vietnam Communist Party Without Filing I-601 Waiver (July 2020) I-601 Waiver of China Communist Party Member Inadmissibility Approved within 7 weeks (March 2020) USCIS Request for an I-601 Waiver of Communist Party Member Inadmissibility Withdrawn Without Filing I-290B form- Client Received Green Card

In September 2025, the USCIS Field Office in Santa Ana, California reversed its prior denial and approved our client’s Form N-400 application for naturalization in just ONE day. Our client has been scheduled for naturalization ceremony. Our client’s original denial was based on allegations that our client was barred from Naturalization due to past enrollment with the fraudulent schools Neo-America Language School (“Neo”) and Walter Jay MD Institute (“WJI.”) between 2012 and 2014. USCIS also alleged that our client gave false testimony during the Naturalization process, citing minor inconsistencies in their recollection of events that occurred more than a decade ago. Attorney Nguyen D. Luu and our legal team assisted the client in filing their Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings. We submitted a detailed legal memorandum, supporting evidence, and prepared our client well before their N-336 hearing. We also raised the arguments that any discrepancies in our client’s testimony were due solely to the passage of time and did not rise to the level of false testimony under INA § 101(f)(6). Our client had no knowledge of the institutions’ fraudulent activities and reasonably relied on their SEVP certification, which indicated federal compliance at the time of their enrollment. At the hearing, the reviewing USCIS officer interviewed our client extensively, but our client was well prepared and was able to respond to the officer’s questions.  We are pleased to learn that just ONE day after our client’s N-336 hearing, USCIS reversed its previous N-400 denial, and scheduled our client for a naturalization ceremony.

In January 2025, U.S. Department of State approved our client’s application for nonimmigrant waiver and request for expedited visa processing based on humanitarian concerns. Our client returned to the U.S. just a few weeks after their visa interview. Our client was found to be inadmissible due to an unfortunate experience with a company called Integra Technologies LLC. (“Integra”). During our client’s participation in the OPT program in 2017, our client accepted a remote, unpaid internship. In 2023, after living in the U.S. for nearly eight years, first as an F-1 student and then as an H-1B skilled worker, our client was informed that they must attend a visa interview at the U.S. Consulate in India in order to complete their application to transfer to a new employer. At the visa interview on mid-2023, our client was informed for the first time that their F-1 visa had been revoked in 2020 based on their previous employment with the company Integra. Importantly, the U.S. government did not uncover the fraudulent nature of the company until 2018; several years after our client had already left the company. The denial left our client stranded in India and barred them from rejoining their spouse, in the U.S. Our client also lost their job as a result of the Consulate’s visa denial. In order to be reunited with their spouse, our client applied for multiple visa appointments without success. When our client reached out to our office, attorney Nguyen D. Luu and our legal team submitted our client’s H-4 visa application, which included a request for a waiver of inadmissibility. Among many other arguments we advanced for our clients, we provided substantial evidence to show that our client poses no threat to the interests or security of the United States. Their conduct underlying the inadmissibility finding was an isolated incident that occurred several years ago and was neither serious nor intentional in nature. Our client’s primary purpose for returning to the United States is to reunite with their spouse and begin building a family, a goal that underscores their strong personal and humanitarian ties to the country. We are very pleased that U.S. State Department agrees with our positions and issued our client’s visa in just a few weeks after their interview so that they could reunite with their family. If you were previously associated with FINDREAM, SINOCONTECH, Integra Technologies, Dream Chase Technology LLC, Vetro Technologies, Inc., AZTech Technologies, Tellon Trading, Inc., Arecy, CG Max Design Corporation, Dash Technologies, Inc. or XCG Design Corp in any manner or capacity, it is important to consult with an experienced attorney to immediately advise you, identify potential issues early, and develop a strong case strategy before applying for any immigration benefits.