What are the immigration consequences Associated with Fire Arms Offenses?
This post continues our series on the impact of criminal convictions on immigration. Our last posts dealt with Crimes of Moral Turpitude (CIMTs) and [...]
What are the immigration consequences Associated with Crimes of Domestic Violence?
This post continues our series on the impact of criminal convictions on immigration. Our last posts dealt with Crimes of Moral Turpitude (CIMTs) and [...]
What are the immigration consequences Associated with Drug Convictions?
This post continues our series on the impact of criminal convictions on immigration. Our last posts dealt with Crimes of Moral Turpitude (CIMTs) and [...]
What are the immigration consequences Associated with an Aggravated Felony?
This post continues our series on the impact of criminal convictions on immigration. Our last post dealt with Crimes of Moral Turpitude (CIMTs) and [...]
What makes a noncitizen inadmissible or deportable?
Inadmissibility The concept of inadmissibility is a legal concept created by immigration law that describes the process of a noncitizen attempting entry or admission [...]
Presidential Proclamation Suspends Entry of Certain Chinese F and J Nonimmigrant Visa Holders
On June 1, President Trump issued a presidential proclamation that will ban the entry of certain Chinese F student visa or J trainee visa [...]
Department of Labor will not Extend Time to Respond to Inquiries and Recruit for PERM Filings
On March 20, 2020, DOL initially relaxed its related filing rules due to the challenges facing businesses during the COVID pandemic. Department of Labor’s [...]
What Makes a Good L-1 Business Plan? Considerations for L-1 Business Plans.
A business plan is a standard requirement when applying for a New Office L-1 visa. These applications are adjudicated by USCIS and an adjudicator [...]
What criminal convictions create immigration consequences making a noncitizen inadmissible or deportable? What is a Crime of Moral Turpitude? What is a CIMT?
Criminal convictions that affect a noncitizen include certain convictions that make a noncitizen inadmissible which include offenses considered Crimes involving moral turpitude (“CIMT”). Criminal [...]
Can I get a Green Card While on an E-2 Visa? Green Card Considerations While on an E-2 Visa.
An E-2 visa is a temporary visa that can be issued for up to 5 years. The investor can renew this visa indefinitely, but [...]
What are the TN Visa Requirements? What are some TN Visa Considerations?
A TN1 visa is a visa that is based on the free trade agreement between Canada, Mexico and the U.S. It allows certain professions [...]
Green Card Renewal Approval with USCIS
We just had an approval for a 10 year green card renewal through U.S. Citizenship & Immigration Services. Legal permanent residents can have their [...]
What Makes a Good E-2 Business Plan? Considerations for Immigration Business Plans
A business plan is a very important part of an E-2 visa application and is required in certain instances. The plan sets out a [...]
I am Canadian and I want to apply for an E-1/E-2 visa. Do I need a visa stamp in my passport?
E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. An E-2 visa is a great [...]
USCIS to Resume Premium Processing for Applications in Phases
USCIS has announced today that they will resume premium processing for Form I-129 Petition for a Nonimmigrant Worker and Form I-140 Immigrant Petition for [...]
Coronavirus Update: Travel Ban Extended to Brazil
The White House issued another presidential proclamation imposing travel restrictions and quarantines on travelers from Brazil starting on 11:59 on May 26 due to [...]
Coronavirus Update: United Kingdom Enforcing 14 Day Quarantine for International Arrivals Starting June 8
Starting on June 8, the United Kingdom will enforce a 14 day quarantine for all international arrivals, including U.S. citizens and permanent residents. This [...]
How many years can I stay in the U.S. on O-1 visa? Does O-1 visa lead to a green card? For which green card should I apply if I am in the U.S. on an O-1 visa?
The immigration regulations state that O-1 visa holder can come to the U.S. to perform services relating to an event/events and the O-1 visa [...]
Can I apply for an E-1 visa if I have dual nationality? Which nationality should I use if I am a dual national?
E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. To qualify for an E-1 visa, [...]
Can I Set Up Another Business While on an E-2 visa?
As an entrepreneur, an E-2 investor business owner may come across other good business ideas or businesses that he/she may want to get involved [...]
I have a majority ownership interest in a U.S. Company. Can the company sponsor me for an H-1B visa? Can the Company sponsor me for an O-1 or TN visa?
H-1B One of the H-1B requirements is that the petitioning U.S. company demonstrates that there is an Employer-Employee relationship. This means that the petitioning [...]
My parents sponsored me for a green card. I got my green card but my parents then abandoned their green cards. Is my green card still valid? Can I still apply for citizenship?
Let’s analyze the following scenario: Your parents sponsored you for a green card under the F2A category (children of green card holders). You got [...]
Can I study if I am in the U.S. on an E-1 visa? Can my E-1 spouse study if she has an E-1 spousal visa?
E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. One of the E-1 requirements is [...]
USCIS Preparing to Resume In Person Services on June 4
USCIS is preparing some domestic offices to reopen and resume public services on or after June 4, 2020. Due to the social distancing rules [...]
Do I have to keep a residence in my home country if I want to apply for an E-1 visa? How can I prove that I have a non-immigrant intent for an E-1 visa?
E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. E-1 visa is a non-immigrant visa, [...]
I filed a change of status/extension of status petition. Can I stay in the U.S. while the petition is pending? What is unlawful presence?
If you are in the U.S. on a non-immigrant visa and you filed a change of status (“COS”) or an extension of status (“EOS”) [...]
I want to apply for an employment based green card. Can I file the Adjustment of Status application concurrently with the I-140 petition? What is chargeability?
If you want to apply for a green card (for example the EB-1A green card), you will first have to file an I-140 green [...]
TN Visa approval for a Software Engineer at the Toronto Pearson Airport
We just had a TN visa approval at the Pearson Airport. The applicant was granted the TN for 3 years and will work as [...]
Can I enter the U.S. on my E-2 visa? Can I enter the U.S. during Covid-19 with my E-2?
The Covid-19 crisis has disrupted all aspects of daily life. With both borders and Consulates closed, travel to and from the U.S. can be [...]
Can I enter the U.S. on a TN visa during Covid-19? Processing TN Visas in Times of US Canada Border COVID-19 Restrictions.
On March 21, U.S., Canada, and Mexico announced that the land borders between the three countries will close to non-essential travel. The initial closure [...]
Does the trade have to be in existence at the time I apply for an E-1 visa? Is it sufficient if I submit binding contracts with clients?
E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. Immigration regulations [...]
I am in the U.S. on an O-1 visa that expires soon. Should my company file for an extension or should the company file a renewal application for 3 years? Which is better?
If you are currently in the U.S. on an O-1 visa and your visa is about to expire, you company may be considering 2 [...]
Coronavirus Update: U.S. and Canada Land Border Restrictions Extended Through June 22
On March 21, U.S., Canada, and Mexico announced that the land borders between the three countries will close to non-essential travel. The initial closure [...]
John Barrera Joins Scott Legal, P.C.
John Barrera is an Immigration attorney that focuses on Removal/Deportation defense, Humanitarian Immigration and Family based immigration. He has over 15 years of immigration experience [...]
For how long can I get an O-1 visa? What is an event for the purposes of O-1 visa?
Many of our new clients think that they can automatically get an O-1 visa for 3 years. This is a common misconception. The immigration [...]
