October, 2020 | Scott Legal, P.C.

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Approvals

National Interest Exception Application approved at the U.S. Consulate in London

We just had a National Interest Exception Application approved at the U.S. Consulate in London. The approval was for a B-1 business visitor who is a national of Italy but resides and lives in London. Please see more about the…

Jenny ZhanOctober 30, 2020

Immigration

The Permanent Bar based on prior removal

I am a US citizen and want to file a petition for a green card for my spouse. During his initial attempts to enter the United States 10 years ago, he was apprehended by border patrol agents and deported from…

Jenny ZhanOctober 29, 2020

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Immigration

Can I change status from B-1/B-2 to F-1?

F-1 visa is a great visa for students who want to come to the U.S. and attend university, college, high school, elementary school, or other academic institutions. There are 2 main ways to can come to the U.S. and attend…

Jenny ZhanOctober 29, 2020

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Immigration Questions & Answers

J-1 trainee visa: Q&A

What is the purpose of the J-1 trainee visa? The purpose of the J-1 trainee visa is to enhance the skills and expertise of J-1 trainees in their particular academic or occupational fields, to improve their knowledge of particular U.S.…

Jenny ZhanOctober 28, 2020

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Immigration Questions & Answers

J-1 internship visa: Q&A

What is the purpose of the J-1 internship program? The purpose of the J-1 internship program is to enhance your skills and experience in a particular academic field and expose you to U.S. techniques or methodologies. Additionally, the J-1 program…

Jenny ZhanOctober 28, 2020

News

Ian Scott Sits on AILA RDC/EMEA Conference

Ian E. Scott has been selected to sit on a panel to share knowledge on alternative visas for investors with other immigration attorneys. This AILA annual conference is attended by thousands of immigration lawyers and will be held online this…

Jenny ZhanOctober 27, 2020

Approvals

E-2 Executive Employee Visa approved at the Consulate in Toronto

We just had an E-2 executive employee visa approval at the U.S. Consulate in Toronto. The business is a company that builds prefabricated homes. The Company is located in California. Please read our blog post on the 2 categories of E-2 employees when…

Jenny ZhanOctober 27, 2020

Immigration L-1 Visa

I am an employer who is sponsoring L-1 visa holders for green cards. Once the green card petition is filed and they receive work authorization, do I need keep extending their L-1 visas?

U.S. employers are able to use the L-1 visa to transfer employees from abroad to work in managerial, executive and specialized knowledge roles. The employees must have worked for a company abroad for at least 1 year within the last…

Jenny ZhanOctober 26, 2020

Extraordinary Ability Immigration

New Guidance on O-1 visa classification

On September 17, 2020 USCIS announced that it consolidate policy guidance on the O-1 visa in the USCIS Policy Manual. The USCIS Policy Manual is the agency’s centralized repository for USCIS’ immigration policies. The Policy Guidance on the O-1 visa classification…

Jenny ZhanOctober 26, 2020

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Deportation & Humanitarian Immigration Immigration

Trump Administration Adds Additional Roadblocks to Asylum

The Trump Administration announced on Tuesday that asylum applicants will receive denials for their asylum applications if they are convicted of driving under the influence or committing crimes to support gangs. The new policy will also deny asylum to people…

Jenny ZhanOctober 22, 2020

Approvals

Green Card approval for Beneficiary of EB1A Extraordinary Ability Petition

We just received a green card approval for an EB1A self-petitioner. The applicant is a data research scientist whose field of expertise was highly specialized. We were able to port an earlier priority date from an EB-2 to an EB-1A…

Jenny ZhanOctober 22, 2020

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Family Immigration Immigration

I filed a family based Adjustment of Status. Where and how will my application be processed? What is USCIS Chicago Lockbox? What is National Benefits Center?

If you recently filed a family based Adjustment of Status application, you may be wondering how and where will your green card application be processed. Please note that you can adjust your status if you are either an immediate relative…

Jenny ZhanOctober 21, 2020

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Deportation & Humanitarian Immigration Immigration

I want to apply for asylum, but I don’t know how to tell my story. How do I create the most compelling personal statement in an asylum application?

A few things to keep in mind Before you get started on your personal statement, please keep a few things in mind. First, asylum is a complicated area of law, and it is strongly recommended that you seek assistance from…

Jenny ZhanOctober 21, 2020

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Immigration

What is I-94 form? How can I get my I-94 form corrected?

What is I-94 form? I-94 is a form that is issued to aliens that come to the U.S. (except green card holders) and that governs their lawful stay in the U.S. Sometimes the period of time you can stay in…

Jenny ZhanOctober 20, 2020

Immigration

Overcoming potentially negative discretionary decisions based on past criminal history when applying for US citizenship

I am interested in applying for US citizenship, but I want to know if my past criminal history will affect my case? Any past criminal history has the potential of affecting a citizenship application also known as a naturalization application,…

Jenny ZhanOctober 20, 2020

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Immigration

Would I be refused entry if I refuse to comply with CBP phone or computer search? Do CBP need a search warrant to look through my devices?

Although the state of the law regarding the extent of authority an immigration officer, “CBP officer” has to search electronic devices such as a cell phone or laptop is unclear and pending litigation in US courts, the short answer is…

Jenny ZhanOctober 20, 2020

H-1B and E-3 Visa Immigration News

Limited Injunction Against Nonimmigrant H-1B, H-2B, and J-1 Visa Entry Ban

Judge White of the Federal District Court for Northern District of California has issued a limited injunction against the non-immigrant travel ban issued by the Trump Administration against the entry of H-1B, H-2B, and certain J-1 nonimmigrants. The original executive…

Jenny ZhanOctober 16, 2020

Immigration News

New Expanded Premium Processing Services and Increased Costs Effective October 19

USCIS announced today that the new expanded premium processing services will take effect on October 19. Premium processing guarantees that USCIS will take adjudicative action on the application within 15 days. If USCIS fails to do so, the agency will…

Jenny ZhanOctober 16, 2020

Immigration

I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime?

No, in general we discourage travel outside the U.S. while a change of status petition is pending. Travel Outside the U.S. While Change of Status Petition Is Pending An individual who has status under one nonimmigrant visa category can change…

Jenny ZhanOctober 15, 2020

Immigration L-1 Visa

What is the current state of the presidential proclamation regarding L visas? Will I be eligible to apply for an L-1 visa in 2021?

On June 22, 2020, the issuance of Presidential Proclamation 10052 suspended the entry of people in the following visa categories through December 31, 2020: H-1B, H-2B, J (applying to interns, trainees, teachers, camp counselors, au pairs, or summer work travel…

Jenny ZhanOctober 15, 2020

Approvals

TN Visa Approval for Lawyer at Canadian Border

We just had a Canadian TN approval at Peace Bridge, a port of entry between Ontario and New York. The applicant was granted the visa for 3 years under the lawyer category. TN applications for Canadian nationals can be adjudicated at…

Jenny ZhanOctober 13, 2020

Family Immigration Immigration

Court Rules Son Born Abroad to Same Sex Couple is US Citizen

The 9th U.S. Circuit Court of Appeals in Los Angeles ruled on Friday that a four year old boy conceived from sperm from an Israeli father and born in Canada using a surrogate mother was a US citizen. The boy’s…

Jenny ZhanOctober 13, 2020

Immigration

The October Visa Bulletin showed that green cards are available in the EB-3 category sooner than in the EB-2 category. I have an approved I-140 petition in the EB-2 category. Can I “downgrade” to an EB-3 to take advantage of the availability of visas?

As explained in a separate blog post found here, the October 2020 Visa Bulletin generally saw significant forward movement on visa availability. The October Bulletin also showed that lower-preference employment categories (for example, the EB-3 category) are able to receive…

Jenny ZhanOctober 12, 2020

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Immigration News

Congress Passes Stopgap Spending Measure and Premium Processing Services Expanded

Congress has passed a stopgap spending measure to ensure that the US government and several immigration operations will be extended through to December 11, 2020. The spending measure extended the four expiring immigration programs including the E-Verify, the EB-5 Regional…

Jenny ZhanOctober 9, 2020

Immigration

The government is taking a very long time to decide my immigration petition, in spite of my efforts. What are my options? Can I sue the government to force them to take action?

Yes, when the government has unreasonably delayed a decision on an immigration petition, you can sue to force the government to act. The specific name for this legal action is a mandamus. What is a “mandamus” action? Mandamus is a…

Jenny ZhanOctober 9, 2020

October 2020

National Interest Exception Application approved at the U.S. Consulate in London

The Permanent Bar based on prior removal

Can I change status from B-1/B-2 to F-1?

J-1 trainee visa: Q&A

J-1 internship visa: Q&A

Ian Scott Sits on AILA RDC/EMEA Conference

E-2 Executive Employee Visa approved at the Consulate in Toronto

I am an employer who is sponsoring L-1 visa holders for green cards. Once the green card petition is filed and they receive work authorization, do I need keep extending their L-1 visas?

New Guidance on O-1 visa classification

Trump Administration Adds Additional Roadblocks to Asylum

Green Card approval for Beneficiary of EB1A Extraordinary Ability Petition

I filed a family based Adjustment of Status. Where and how will my application be processed? What is USCIS Chicago Lockbox? What is National Benefits Center?

I want to apply for asylum, but I don’t know how to tell my story. How do I create the most compelling personal statement in an asylum application?

What is I-94 form? How can I get my I-94 form corrected?

Overcoming potentially negative discretionary decisions based on past criminal history when applying for US citizenship

Would I be refused entry if I refuse to comply with CBP phone or computer search? Do CBP need a search warrant to look through my devices?

Limited Injunction Against Nonimmigrant H-1B, H-2B, and J-1 Visa Entry Ban

New Expanded Premium Processing Services and Increased Costs Effective October 19

I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime?

What is the current state of the presidential proclamation regarding L visas? Will I be eligible to apply for an L-1 visa in 2021?

TN Visa Approval for Lawyer at Canadian Border

Court Rules Son Born Abroad to Same Sex Couple is US Citizen

The October Visa Bulletin showed that green cards are available in the EB-3 category sooner than in the EB-2 category. I have an approved I-140 petition in the EB-2 category. Can I “downgrade” to an EB-3 to take advantage of the availability of visas?

Congress Passes Stopgap Spending Measure and Premium Processing Services Expanded

The government is taking a very long time to decide my immigration petition, in spite of my efforts. What are my options? Can I sue the government to force them to take action?

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