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Judith
Judith, Immigration Lawyer
Category: Immigration Law
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Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hi, I am an international student from Guatemala currently

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Hi, I am an international student from Guatemala currently at the University of Wyoming. I am getting a PhD degree in Chemical Engineering in December this year. I am looking into filing an NIW petition EB-2 category. I have consulted with a couple of law firms and currently trying to hear opinions. Here is brief information about me: I am 29 years old, obtained a Master's degree at the University of Wyoming, currently working towards a PhD, I have published 2 papers, a book chapter, issued 3 patent applications (1 of them will come to a final resolution, that is, it can be granted in January 2014), obtained a small research grant from the state of Wyoming for a start up company that I built which deals with clean coal technologies. Additionally I am currently working on 2 more publications. So here are my questions: 1)Do you believe this is a good case for EB-2 NIW? 2)In terms of this being a good case for NIW, I have received some positive responses from the law firms that I have been in touch with, and one negative response. Would you say it is best to file this case through an attorney, or is this a process that is fairly easy to do by myself? And most importantly, would filing this case through an attorney increase my odds of getting a positive response? 3)
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

Every PhD candidate is expected to publish so that is not anything so unusual.

Nor are patents anything so exceptional.

However, your competitive grant from the State to create a start-up for clean fuel is in the National Interest and shows you have a very unique and special process to help the environment.

This is your ticket to the NIW.

But, just as you are an incredible scientist, you are NOT a lawyer and each specialty has a very specialized knowledge. You should stick to your science and allow an experienced NIW attorney write your Memorandum of Support and prepare a legally professional Petition packet for you. It will be worth every dime.

Those firms who have given you positive feedback should be able to outline for you EXACTLY what their approach to the arguments for your case will be. Listen and decide who seems to be able to do this without stumbling and you will get a sense they know their stuff.

Judith

Customer: replied 1 year ago.

Hi thanks for your information. Based on what you mentioned I just want to add that my research has been related to clean coal technologies (Master's and PhD), the book chapter that I published is about mercury control, the patent applications are related to this subject as well. Now would this be something that adds strength to the application? do you think it's part of the national interest agenda? (this is what one of the law firms mentioned, that because my expertise was related to clean coal technologies, the odds would be good). Again thanks for the advice, if I proceed with this petition I will definitely file it with an immigration attorney.

Expert:  Judith replied 1 year ago.

My reference about clean fuel was regarding your special expertise in clean coal technologies. I have no idea about mercury and it's relationship to coal.

But the fact you have a very specialized expertise in clean coal technologies and was worthy of a state grant does put you in a particularly good position.

Of course your research and publications play into this but you have already set yourself apart with the grant, so the entire totality of your qualifications for a NIW rate up there.

 

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24432
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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