denial

Immigration

What is consular nonreviewability? Does it mean that I cannot sue a consulate that has failed to act or is taking an unreasonably long time to decide my immigration petition?

In spite of a doctrine in immigration law that courts do not review consular officers’ immigration decisions, courts are able and willing to compel consulates to make a decision when they have failed to. As a result, you can sue…

Marijan PetrovskiFebruary 10, 2021

Immigration

USCIS denied my employment-based petition. What are my options now? Can I sue the government?

In short, yes, you can sue the government if your petition has been denied. Not only that, at a time when the government is denying or delaying decisions at a record frequency, a lawsuit might be your most promising option…

Jenny ZhanOctober 9, 2020

Immigration

I filed my extension of status application late – after my status already expired. Will my application be automatically denied? What should I do?

If you are in the United States and decide you want to stay for a longer time than you were given when you entered, you can apply to extend your status by filing an Application to Extend Nonimmigrant Status with the USCIS.…

Jenny ZhanSeptember 17, 2020

E-2 Visa Immigration Investor Visas

My E-2 visa application was denied. When can I re-apply?

An E-2 visa is a great option if you want to start a business in the U.S., you have invested a substantial amount of money in the U.S. or you are in the processing of investing the money, and you plan to…

Jenny ZhanSeptember 14, 2020

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Deportation & Humanitarian Immigration Immigration

New Trump Proposal to Deny Asylum to Applicants from Countries with Widespread Communicable Disease

On Wednesday, the Trump administration proposed a new rule that give border officers the authority to deny asylum to applicants from countries with widespread communicable disease. The proposal stated that denying asylum to people from high-risk countries would combat disease…

Jenny ZhanJuly 9, 2020

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E-2 Visa Immigration Investor Visas

My E-2 visa was denied and now my ESTA is no longer valid. How can I get a B-1 visa if my E-2 has been denied? I cannot travel on ESTA, how can I get a B visa?

If you have a valid ESTA, you can use this to enter the U.S. to organize everything you need to apply for an E-2 visa. You can find out more about the visa waiver program by clicking here. While in…

Jenny ZhanApril 13, 2020

E-2 Visa Immigration Investor Visas

Can the Denial of a Green card Petition Impact my E-2 visa? If I apply for a green card and my application is denied, will this impact my E-2 visa renewal?

Many investors that are in the U.S on an E-2 visa may have the opportunity to apply for a green card. For example, let us say that the spouse of an E-2 investor gets sponsored by his company for a…

Jenny ZhanJanuary 20, 2020

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Immigration

What is a 214(b) Visa Denial and How Can I Overcome It? What is immigrant intent?

You were on a J-1 visa program working in the United States as an intern or trainee and towards the end of your expiry of your J-1 visa, you decided to try to extend your J-1 visa at a consular…

Jenny ZhanAugust 13, 2019

E-2 Visa Immigration Investor Visas

Can An E-2 Visa Denial be Appealed? What Happens if My E-2 Visa is Denied? What can you do if your E-2 visa has been Denied?

Scott Legal, P.C. has processed hundreds of E-2 visa applications and the firm has an approval rate of approximately 97%. (past results do not predict future outcome). While most E-2 visas are approved, there are some instances where E-2 applications…

Jenny ZhanJanuary 10, 2019

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Deportation & Humanitarian Immigration Immigration

Texas Federal Judge Extends DACA’s Life

District Judge Andrew Hanen denied the State of Texas and nine other States' request to halt the Deferred Action for Childhood Arrivals program. On September 5, 2017, the Trump Administration announced the end of the DACA program, an Obama era…

Jenny ZhanSeptember 5, 2018

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Immigration

USCIS Changes Rules: Applications Can Now Be Denied without Due Process

USCIS have issued a new policy memorandum today that provides guidelines to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when…

Jenny ZhanJuly 13, 2018

Immigration

What Happens to ESTA if my Visa is Denied? Nonimmigrant Visa Denials and ESTA Travel

Having a nonimmigrant visa application denied produces a number of very real setbacks for the applicant. In the case of an E-2 visa, typically much time, money, and effort has been dedicated to the filing of a good-faith application. Even…

IanScottJuly 6, 2017

Family Immigration Immigration

What Happens After I Submit an Immigration Petition? What are the different responses I can get when I submit an Immigration Petition to the Government?

When an applicant submits an immigration petition to the U.S. government there are a number of different possible outcomes. The best outcome is, of course, an approval but there are other possibilities. The possibilities depend on a number of factors…

IanScottAugust 18, 2016

Family Immigration Immigration

Citizenship Requirements and What Are Your Options If Your Citizenship Application is Denied

There are several requirements that must be met in order to qualify for citizenship. In order to qualify, the applicant must be at least 18 years old at the time of filing and; Have been a permanent resident of the United…

IanScottSeptember 18, 2014

What is consular nonreviewability? Does it mean that I cannot sue a consulate that has failed to act or is taking an unreasonably long time to decide my immigration petition?

USCIS denied my employment-based petition. What are my options now? Can I sue the government?

I filed my extension of status application late – after my status already expired. Will my application be automatically denied? What should I do?

My E-2 visa application was denied. When can I re-apply?

New Trump Proposal to Deny Asylum to Applicants from Countries with Widespread Communicable Disease

My E-2 visa was denied and now my ESTA is no longer valid. How can I get a B-1 visa if my E-2 has been denied? I cannot travel on ESTA, how can I get a B visa?

Can the Denial of a Green card Petition Impact my E-2 visa? If I apply for a green card and my application is denied, will this impact my E-2 visa renewal?

What is a 214(b) Visa Denial and How Can I Overcome It? What is immigrant intent?

Can An E-2 Visa Denial be Appealed? What Happens if My E-2 Visa is Denied? What can you do if your E-2 visa has been Denied?

Texas Federal Judge Extends DACA’s Life

USCIS Changes Rules: Applications Can Now Be Denied without Due Process

What Happens to ESTA if my Visa is Denied? Nonimmigrant Visa Denials and ESTA Travel

What Happens After I Submit an Immigration Petition? What are the different responses I can get when I submit an Immigration Petition to the Government?

Citizenship Requirements and What Are Your Options If Your Citizenship Application is Denied

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