Physician needs help staying in status following legal encounter, job dismissal

Challenge: Our client finished his residency in the United States and started work as a physician. Soon after, in an incident totally unrelated to his work as a medical doctor, he was called before the board for a possible ethics violation. Since he could not work till the issue was resolved, our client lost his job and his work visa. Our client’s attorney at the time filed for a tourist visa but failed to disclose the reason for termination. The doctor, who received an RFE on his tourist visa, wanted to stay in the U.S. and fight for his reputation and license.

Solution: When the doctor came to us, it was almost six months from the date he filed for the tourist visa. Tourist visas are granted for six months, so even if the case was approved, he would need another visa to stay. We filed for his student visa in a field that would help him build his own medical practice. We wrote a lengthy letter convincing the CIS that our client genuinely wanted to study. Our client – who had not worked in several months and had very little money left – made sure he went to school and excelled. To further help our client, we did additional research on our own time and discovered that his unfortunate ethics violation would perhaps not preclude him from getting a medical license and a job in another state. We responded to the tourist visa RFE explaining the situation. We argued persuasively that our client’s tourist visa should be approved. We then fought the same battle for the student visa.

At the end of the day, based on the letters and evidence we collected, both the tourist and student visas were approved. Our client can now look forward to putting the past year behind and obtaining a new job in another state, and he no longer has an “out of status” stay in the U.S.

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