Jenny Zhan

Family 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

Deportation & Humanitarian 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

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

Immigration

I am a legal permanent resident with parents who would like to visit me and my family. We want to know if it is true that my parents will be denied entry to the US on a tourist visa if they refuse to allow immigration authorities to search their electronic devices such as their phones and computer laptops?

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

Covid 19

US and Canada Border Closure Extended until November 21

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 was to last through April 20 and has now been extended to November 21. The Department…

Jenny ZhanOctober 19, 2020

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

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

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

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

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

Covid 19

Tips for Boarding the Plane with a National Interest Exception Waiver

In July 2020, the Department of State announced that certain business and student travelers coming from Schengen countries or the U.K. (such as B-1 business visitors), treaty traders, or treaty investors may apply for a National Interest Exception (“NIE”). The NIE allows such…

Jenny ZhanOctober 9, 2020

Immigration News

The October 2020 Visa Bulletin

What is the Visa Bulletin? The U.S. government provides the Visa Bulletin to keep track of visa numbers and to give you a tool to determine when you can file your green card petition and when it can be approved.…

Jenny ZhanOctober 8, 2020

Family Immigration Immigration

I filed a green card application. Should I apply for an Advance Parole and Employment authorization card?

If you are filing an Adjustment of Status application (either because a family member sponsored you or based on employment based petition), you may be wondering whether you should apply for a travel and work authorization and whether you should…

Jenny ZhanOctober 8, 2020

Immigration News

October visa bulletin: EB-3 Current for all countries except for China and India, EB-5 have not advanced

In the September 2020 visa bulletin, there is little movement in most employment visa categories. In EB-1, China and India advanced three months to June 1, 2018. EB-2 for China has advanced 6 weeks to March 1, 2016 and India…

Jenny ZhanOctober 8, 2020

Covid 19

Can I come to the U.S. from Canada during Covid? Should I fly or should I enter the U.S. by a car? Can I come to the U.S. as a tourist during Covid?

We have received many questions from of our clients who are Canadians and who want to come to the U.S. for recreation/to visit their families. during the Covid-19 pandemic. Travelling via land border As of the time of writing this…

Jenny ZhanOctober 8, 2020

H-1B and E-3 Visa

DOL and DHS Rolls out New H-1B, E-3, H-1B1, and PERM Regulations

Department of Labor Changes to the H-1B, E-3, and H-1B1 Programs Effective October 8, 2020, The Department of Labor will raise the nonimmigrant H-1B, E-3, and H-1B1 prevailing wage requirements and wages for the PERM labor certification program. The exact…

Jenny ZhanOctober 7, 2020

Approvals

E-2 Visa approval for a Digital Marketing & Business Strategy Consulting Company at the U.S. Consulate in Osaka

We just had an E-2 investor visa approval at the U.S. Consulate in Osaka. The applicant was granted the visa for 5 years and the business provides strategy and digital marketing consultation and online business education services to small to…

Jenny ZhanOctober 5, 2020

News

Judge Blocks USCIS Application Fee Increase

California District Court Judge White has blocked the Department of Homeland Security’s fee increase, originally slated to take effect on October 2, 2020. The October 2 fee increase would have significantly increased the costs for most employment-based applications and other…

Jenny ZhanOctober 5, 2020

Approvals

E-2 Visa Approval & National Interest Exception Approval for a Communication Design Studio at the U.S. Embassy in London for a National of Spain

We just had an E-2 investor visa approved at the U.S. Embassy in London. The applicant was renewing their E-2 visa & was granted the visa for 5 years. Due to the current Presidential Proclamation banning travel from the UK,…

Jenny ZhanOctober 2, 2020

Deportation & Humanitarian Immigration

FY 2022 Diversity Visa Lottery Opens October 7

Starting from noon EST on October 7, 2020, the State Department will begin accepting online registration for Fiscal Year 2022 Diversity Visa lottery here. Foreign nationals who qualify for the lottery have until noon EST on November 10 to file online.…

Jenny ZhanOctober 2, 2020

E-2 Visa Immigration Investor Visas

Can I hire U.S. employees before my E-2 visa application is approved?

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 ZhanOctober 1, 2020

Family Immigration

Filing the removal of conditions application based on the waiver of the joint filing requirement because of a divorce

Will I lose my green card if my green card was granted for two years because I was married to my US citizen spouse for 1 year and we are now getting divorced? No, not necessarily. You can and must…

Jenny ZhanOctober 1, 2020

Approvals

TN Visa Approval for Lawyer at the Mexican Consulate

We just had a Mexican TN approval at the U.S. Embassy in Mexico City. The applicant was granted the visa for 1 year under the lawyer category. The interview was waived since it was a renewal application. Interview waivers are…

Jenny ZhanSeptember 30, 2020

Approvals

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

We just had a National Interest Exception Application approved at the U.S. Consulate in Amsterdam. The approval was for a B-1 business visitor who is a national of the Netherlands. The Consulate approved the application in 1 business day. Please…

Jenny ZhanSeptember 30, 2020

Approvals

I-140 EB3 Approval for an Accountant at an Accounting Firm

We just had an I-140 approval with U.S. Citizenship & Immigration Services. The company is an accounting firm and the beneficiary is an accountant. You can set up a consultation by clicking the link below. To find out more about…

Jenny ZhanSeptember 29, 2020

Approvals

L-1B Change of Status Approval with U.S. Citizenship & Immigration Services for a Q-Grader working for a Coffee Wholesaler

We just had an L-1B approval with U.S. Citizenship & Immigration Services. The applicant was granted L-1B status for 3 years and the business is a coffee wholesaler. The applicant is a Q-Grader. Q-Graders are specialized and credentialed professionals who…

Jenny ZhanSeptember 29, 2020

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?

Jenny ZhanSeptember 28, 2020

E-2 Visa Immigration Investor Visas L-1 Visa

I am an employer and I want to transfer several employees to the U.S. Is the L-1 visa a good option? Is the E-2 visa a good option?

Sometimes employers are faced with the need to transfer many employees from abroad to the United States within a short time frame. For example, a manufacturing company may take on a project that requires engineers or designers with a specific…

Jenny ZhanSeptember 28, 2020

Covid 19

Are the presidential proclamations restricting entry to the U.S. from certain countries still in effect? When will the travel restrictions be lifted?

Our clients often ask us/they are confused whether the Presidential proclamations suspending entry to the U.S. to travelers coming to the U.S. from certain countries are still in effect. The short answer is yes. As of August 31, 2020, if…

Jenny ZhanSeptember 23, 2020

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