Khadija Derrick

A woman working in her office on her laptop

Question: Does filing an NIW petition automatically extend my status in the United States?

Filing an I-140 alone does not allow an applicant to stay beyond expiry of their status in the US. Filing an adjustment-of-status (I-485) before the expiry of their current status will allow an applicant to stay in the US while…

Khadija DerrickSeptember 15, 2022

Approvals

E-2 Visa Approval for Film Production Company at the Consulate in Toronto

Scott Legal is happy to announce that we just received an E-2 visa approval at the consulate in Toronto. The company is a film production company based in the State of California.

Khadija DerrickSeptember 14, 2022

Houses, a calculator, and tax form on a desk

Immigration

Am I a resident or nonresident alien for U.S. tax purposes?

An overview of the green card test and substantial presence test, the two tests the IRS uses to determine whether a foreign national is a resident or nonresident alien for U.S. tax purposes.

Khadija DerrickSeptember 14, 2022

Immigration

What should a foreign visitor to the U.S. know about U.S. taxes?

An overview of how the U.S. taxes foreign nationals who are present in the United States, including both resident and nonresident aliens.

Khadija DerrickSeptember 13, 2022

Office team working with their laptops and tablets out

Immigration

What are the I-9 requirements when employees are acquired in a merger or acquisition?

An overview of the employer’s options under the I-9 employment verification process when employees are acquired through a merger or acquisition.

Khadija DerrickSeptember 12, 2022

Immigration

Can I have my F-1 status re-instated?

F-1 visa is a great visa option for students who want to come to the U.S. and attend university or college. You should always maintain your F-1 status while you are in the U.S., but in case you briefly fell…

Khadija DerrickSeptember 9, 2022

Approvals

E-2 Visa Approval at the Consulate in Toronto

Scott Legal is happy to announce that we just received an E-2 visa approval at the consulate in Toronto. The application was approved two months after being submitted to the consulate.

Khadija DerrickSeptember 8, 2022

A poroperty management sign on a desk with a calculator, charts, binders, and glasses

Approvals

E-2 Visa Approval for Property Management Services Company

Scott Legal is happy to announce that we just received an E-2 visa approval at the consulate in Toronto. The company provides property management services in Georgia.

Khadija DerrickSeptember 8, 2022

E-2 Visa Immigration

Can I have an E-2 petition pending with USCIS and Consulate at the same time?

You can have an E-2 petition pending simultaneously with USCIS and at a U.S. Consulate abroad and each of them will make their own decision whether you qualify for the E2 visa/status.

Khadija DerrickSeptember 8, 2022

Approvals

E-2 Visa Approval at the Consulate in Toronto

Scott Legal is happy to announce that we just received an E-2 visa approval at the consulate in Toronto.

Khadija DerrickSeptember 7, 2022

Canadian Immigration Immigration

2022 Recent trends for the Express Entry system for Canadian permanent residence

After an 18-month hiatus, Express Entry draws for all programs have resumed since July 2022. International applicants in the Federal Skilled Worker category are now being invited for Canadian permanent residency.

Khadija DerrickSeptember 7, 2022

A bunch of questions pinned to a cork board

Uncategorized

Does “Out of status” mean “unlawful presence”? Not always!

Being “out of status” doesn’t always mean you will accumulate “unlawful status” in the US especially if you are a F, J, M visa holder or a Canadian visitor admitted for duration of status.

Khadija DerrickSeptember 6, 2022

Immigration National Interest Waiver

Guide to a “Winning” NIW Expert Letter

It is very important to include the right level of specific examples and details about the expert, the applicant’s proposed endeavor, and applicant’s prior successful projects, and avoid conclusory or general language.

Khadija DerrickSeptember 5, 2022

Deportation & Humanitarian Immigration Immigration

Did a court order end prosecutorial discretion in removal proceedings?

The short answer is no. What recently transpired regarding prosecutorial discretion is that a federal district court in Texas issued an order effective as of June 25, 2022.

Khadija DerrickSeptember 2, 2022

Immigration National Interest Waiver

National Interest Waiver (NIW) Approval in 2 Months

We just had a National Interest Waiver approval for an innovative entrepreneur who provides a unique solution in a particular space.

Khadija DerrickSeptember 1, 2022

Canadian Immigration Immigration

When a Canadian enters the US by land and is not issued an I-94, how long can they stay?

An explanation about how long a noncontrolled Canadian can stay in the U.S., and how they can show their date of entry.

Khadija DerrickSeptember 1, 2022

Immigration National Interest Waiver

NIW Case Study – What do you need for a winning NIW petition for an avionics engineer and entrepreneur?

For a successful NIW petition for an avionics engineer and entrepreneur, be sure to show broad impacts that extend beyond your clients and show significant job creation potential.

Khadija DerrickAugust 31, 2022

Approvals

E-2 Approval for Athletics Franchise Based in Florida

Scott Legal just received an E-2 visa approval at the U.S. Consulate in Toronto. The E-2 Company is based in Florida and runs an athletics franchise.

Khadija DerrickAugust 30, 2022

A woman smiling in front of a US flag while holding a passport

Immigration

My Citizenship Application was Received, What are the Next Steps?

After USCIS receives your N-400 petition, it will review your documents, schedule an interview, schedule your oath ceremony and at the end of the process you will receive a naturalization certificate.

Khadija DerrickAugust 30, 2022

Immigration TN Visa

TN Visa Approval for Computer Systems Analyst

Scott Legal just had another Canadian TN approval. The applicant was granted the visa for 3 years under the difficult category of Computer Systems Analyst.

Khadija DerrickAugust 29, 2022

A happy family enjoying themselves on their couch

Immigration

The Return of Adjustment of Status for TPS Holders who Travel on Advance Parole

The last two years have seen significant developments resulting in changes in the interpretation of law by the United States Citizenship and Immigration Service, “USCIS” that has affected a beneficiary of Temporary Protected Status, “TPS” and the potential path towards…

Khadija DerrickAugust 29, 2022

Ausralian passports with boarding passes in them

H-1B and E-3 Visa Immigration

What Are the Employer’s Responsibilities When Terminating an E-3 Employee?

An overview of the employer’s requirements and obligations when terminating an E-3 employee.

Khadija DerrickAugust 26, 2022

A business man on an L-1 working in his office

Immigration L-1 Visa

Do I meet the 1-year foreign employment for L-1 visa?

The 1-year foreign employment period will be adjusted if you are currently working for the US sponsoring employer in the US on some other employment visa.

Khadija DerrickAugust 25, 2022

Immigration L-1 Visa

What does “doing business” mean for an L-1 visa?

A foreign company can provide services to a related US company (or vice versa) and still meet the doing business requirement. The L1 entity does not need to take revenue from clients.

Khadija DerrickAugust 24, 2022

H-1B and E-3 Visa Immigration

H-1B Cap Reached for FY 2023

USCIS announced today that they have received enough petitions to meet the 85,000 H-1B cap quota for FY 2023.

Khadija DerrickAugust 23, 2022

Question: Does filing an NIW petition automatically extend my status in the United States?

E-2 Visa Approval for Film Production Company at the Consulate in Toronto

Am I a resident or nonresident alien for U.S. tax purposes?

What should a foreign visitor to the U.S. know about U.S. taxes?

What are the I-9 requirements when employees are acquired in a merger or acquisition?

Can I have my F-1 status re-instated?

E-2 Visa Approval at the Consulate in Toronto

E-2 Visa Approval for Property Management Services Company

Can I have an E-2 petition pending with USCIS and Consulate at the same time?

E-2 Visa Approval at the Consulate in Toronto

2022 Recent trends for the Express Entry system for Canadian permanent residence

Does “Out of status” mean “unlawful presence”? Not always!

Guide to a “Winning” NIW Expert Letter

Did a court order end prosecutorial discretion in removal proceedings?

National Interest Waiver (NIW) Approval in 2 Months

When a Canadian enters the US by land and is not issued an I-94, how long can they stay?

NIW Case Study – What do you need for a winning NIW petition for an avionics engineer and entrepreneur?

E-2 Approval for Athletics Franchise Based in Florida

My Citizenship Application was Received, What are the Next Steps?

TN Visa Approval for Computer Systems Analyst

The Return of Adjustment of Status for TPS Holders who Travel on Advance Parole

What Are the Employer’s Responsibilities When Terminating an E-3 Employee?

Do I meet the 1-year foreign employment for L-1 visa?

What does “doing business” mean for an L-1 visa?

H-1B Cap Reached for FY 2023

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