Three tips for successful application or petition
US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin (The Freeman) - March 17, 2019 - 12:00am

Just last week, I had the fastest approval obtained from USCIS pertaining to a client's application for extension of his investor visa under the non-immigrant E2 category. While we submitted it under premium processing which normally takes 15 calendar days, my client's case was approved in less than five days!


First of all, it helps that we filed the case under premium processing. Since my client's initial E2 status expires on the 1st of April, we had no other viable option but to have it expedited through the more expensive premium processing.

However, what probably made our case more approvable were the following factors, which I hope can give you helpful tips:

1.) Organize your documents - An application or petition must always be neatly arranged and organized to make life easier for the adjudicator. You need to have a cover letter detailing the forms and the supporting evidence you are submitting. If your file is voluminous, make a table of contents with corresponding pagination. The check for the fees must be placed in an envelope and prominently attached at the front of the file. Make sure that each document is legibly labeled.

2.) Organize your arguments - Not only must you arrange your documents, you must also make sure that those are convincing in order to merit a favorable consideration. Enumerate the legal requirements and show, through your written arguments, why you are eligible for the relief you are seeking. The clearer you lay out your arguments, both in issues of law and fact, the easier it is to convince the adjudicator to decide in your favor.

3.) Organize your file - After you have organized your file both in form and substance, make sure you have noted all the necessary elements: Are you using the correct form? Are the forms signed and dated? Are you sending the correct amount for the fee? Are you sending it to the correct USCIS address? Check and follow the instructions for your specific form as to where to send it. USCIS now has the discretion to send back your file to you if it deems that you sent in the wrong fee, or there are some discrepancies in your entries. It would be too frustrating if three weeks after your submission, you receive in the mail you application that USCIS returned for insufficient payment.

I hope this helps. Good luck.

This column is not a substitute for professional legal advice obtained from a US-licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader’s specific immigration case. No attorney-client relationship is and shall be established with any reader.

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