hi everyone this is Joseph today's success story is about a motion to reopen
for an f-1 international student now of all the motion to reopen cases i could say this is my
favorite the reason is because i didn't believe it would work so the story begins with a denial
this was a 40 year old man who was trying to go to school
and his case got denied the reason for the denial is because USCIS wrote i don't believe you're
really a true student you've been in the u.s studying from school to school for over 10 years
and you changed to a religious application an r-1 application that got withdrawn and now
you're going back to school we really don't think you're a true bona fide student so we're denying
your change of status and you need to leave the us now and that's the heartbreaking part
about this case he's been failed by his church whom he has been serving for the past decade
he's been filled by his seminary who put this f1 change of status application together
and now he's been filled by this government who's about to reject this case when he was in the u.s
serving all these people who are its citizens how is he going to prove that he's been lawfully
in the U.S. as a true student he's 40 plus years old he hasn't gone back to Taiwan in so long and
all of his residents is here his bank accounts are here he's been filing taxes here what is he
going to do and you know how in the beginning i said that i didn't believe in this case well this
is why i couldn't come up with a creative solution to help argue this case it just seemed impossible
to argue that he has a bonafide intent to be a student when we have his entire track record
behind us and spending an enormous amount of time and energy to put together a case i feel like
it was just very difficult but the other managing partner Chen Cho said we have to win this case
at all cost we've been serving him and his family and his church we cannot abandon him
now it is a difficult argument it might require a lot of resources do everything that's possible to
help him win well if that was a directive then that is what we're gonna do win at all cost so
i assembled three teams to build this case one team focused on his past he grew up in Taiwan he
was educated in Taiwan we had a team to help him dig through everything that he had about Taiwan
to show that he has roots back in Taiwan and that therefore he doesn't have an immigrant intent
and he is here purely to study so one group his past he actually just got married not too long ago
and his wife is a Korean and his wife is in Korea with a phd the second team focused on his future
in Korea so his this team worked with his wife in Korea to talk about all the plans that they have
his job offer in Korea once he finishes his education to go back to Korea to work
his marriage of course in Korea hit her family on all of their relatives their bank accounts their
insurance and their roots and ties in Korea that's the second team his future in another country
the third team focused on everything that he has been studying in the past 10 years
as well as everything that he is going to study in the next two years in this new school why
is he studying it we came up with an academic proposal this is his career path he came to the
u.s he studied these things and then he's going to study this and then he's going to go back to Korea
to use this education for this benefit of course we talk about his extracurricular activity being a
pastor serving at the church and why the case was withdrawn and had the church provide statements
talking about his continuous education and so we put all the documents together it was the
thickest application i've ever done for a motion to reopen the motion was granted the case was
reopened and then it was approved he was able to finally go back to school and continue his studies
finish the studies wrap up his life here and then eventually move back to Korea i have to be honest
when the case was approved i cried a little and the reason was because i had so little faith
and then i actually talked with him look to be honest i really didn't believe your case yes
everybody who was working on it they were spending all their time and energy building this case
but in the back of my mind i had a lot of doubts and then the pastor said it's okay i was praying
i don't know about you but this pastor believed in the power of his prayer more than
the attorneys that was actually working on this case despite the doubt of the attorneys and the
team that was working on the case to lead to the approval he put his faith in his prayer about
this case despite my disbelief his belief and his faith overcame it i know USCIS officers i
talk with them i deal with them on a day-to-day basis i have meetings with them i know they're
trained i know they're capable and this motion to reopen case went back to the exact same officer
that denied it in the first place that said that hey you've been in here for 10 years
i don't believe you're a real student but after seeing everything somehow that officer's heart was
moved and he approved the case all i know is i did my best to prepare this case i didn't believe
we tried and then it was successful and then this pastor had the composure the confidence
the hope the joy the faith that allowed this case to move forward that's why i want to say this is
my favorite success story this is my favorite motion to reopen story and that's a wrap for
today's success story i hope you enjoyed it um it was certainly enlightening for us to be a part of
this pastor's journey and reopening a case if you like these type of success stories where we kind
of dive in and unravel exactly what worked what was the strategy how we did it and the outcome
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and thank you for being the best part of the team my name is Joseph this is
Tsang & Associates we solve legal problems with creative solutions thank you bye-bye