Success Story: NIW (National Interest Waiver) Approved For Web-Developer without any Citations after RFE (Request for Evidence)

Client’s Testimonial

Praise God. I thank you so much. I worried a lot. You are best of bests. For I-485, actually I applied it on late July (Sorry I did not take your advice for this) and received travel / employment card already (done in finger printing as well). I will refer you to my friend as well. I will let you know later.

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On 12/06/2012, we received another NIW approval for a client who had no publications or citations at the time the case was filed. (Approval Notice)

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Case Summary:

For this case, we prepared more than 13 testimonial letters in addition to 8 reference letters and presented a strong petition letter; however, after around four months we received an RFE (Request for Evidence). Certainly, when an immigration officer does see a citation record, it is likely to get a RFE.

Citations are generally considered to be the most important factor of an NIW case by the United States Citizenship and Immigration Services; however, we at Chen Immigration Law Associates have successful techniques and strategies that allow us to circumvent the USCIS’ focus on a petitioner’s citation record.

Through the use of our proven RFE response format, we successfully responded to this RFE regardless of zero citations. Most importantly, we draft recommendation letters that include specific language regarding the petitioner’s contributions, and the use and implementation of these contributions by other professionals in the petitioner’s field. We then submit these letters to be reviewed and signed by independent recommenders specified by the petitioner.

These independent recommendation letters serve as objective testimony regarding the impact of the petitioner’s work, and were the foundation of our RFE response. In addition to independent recommendation letters, we quoted relevant decisions by the Administrative Appeals Office that demonstrated the acceptability of evidence (other than a strong citation record). Finally, we conduct independent and objective searches to contextualize the impact of the petitioner’s work in relation to others in shared areas of studies.

This was a difficult case, however,  by using a unique strategy tailored specifically for this client’s case, we secured approval two months following the submission of the RFE response!

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