Khadija Derrick

E-1 Visa E-2 Visa Immigration

USCIS Provides Guidance on Employment Authorization for E and L Spouses

USCIS has updated the policy manual addressing the documentation that E and L nonimmigrant spouses can use as evidence of employment authorization.

Khadija DerrickMarch 18, 2022

Immigration

I am an American Indian Born in Canada. Can I Enter the U.S. Under the Jay Treaty?

American Indians born in Canada with 50% American Indian blood have the right to freely travel to the United States for work, study and other purposes.

Khadija DerrickMarch 18, 2022

Deportation & Humanitarian Immigration Immigration

Departing the United States with a Pending Provisional Waiver

The provisional waiver also known as the stateside waiver is a waiver authorized by law to waive the 3- or 10-year bar from seeking an immigration benefit resulting from a noncitizen living in the United States without status for a…

Khadija DerrickMarch 17, 2022

Deportation & Humanitarian Immigration Immigration

Can Noncitizens Subject to the 3- or 10-Year Bars Serve the Bar in the United States?

The answer to this question is not easy to answer because there is no existing law or binding court decision that has formally addressed this issue. Both bars occur after a noncitizen had been present in the United States without…

Khadija DerrickMarch 16, 2022

E commerce depicted as a shopping cart on a keyboard

Approvals

E-1 Visa Approval for a Treaty Trader Providing E-Commerce & Development Services

We just had an E-1 treaty trader visa approval at the U.S. Embassy in Belgrade. The applicant owns a company in Serbia that provides e-commerce & development services to companies in the United States.

Khadija DerrickMarch 14, 2022

An investor considering his investment options

EB-5 Visa Immigration

New EB-5 Reform Act Allows Concurrent Adjustment of Status Applications

On March 11, 2022, Congress passed the EB-5 Reform and Integrity Act of 2022, officially reauthorizing the EB-5 regional center program. The program has been reauthorized for 5 years, until September 30, 2027.

Khadija DerrickMarch 14, 2022

A USA flag by an official parliament building

Deportation & Humanitarian Immigration Immigration

Consequences of a noncitizen falling out of legal immigration status and accumulating unlawful presence in the United States

Under immigration law there two legal concepts that could potentially bar a noncitizen of the United States in seeking an immigration benefit. Legal or lawful immigration status relates to the concept of a noncitizen being present in the United States…

Khadija DerrickMarch 14, 2022

EB-5 Visa Immigration

EB-5 Regional Center Program Reauthorized

On June 30, 2021, the EB-5 Regional Center Program was suspended when Congress could not reach an extension agreement. The EB-5 program, also known as the Million Dollar Green Card, allows investors to obtain a green card if they invest…

Khadija DerrickMarch 11, 2022

Immigration

What is the process to apply for a green card from within the U.S.? What is the process outside the U.S.?

Green card applicants who apply from within the U.S. go through a process called adjustment of status. Applicants who apply from abroad go through a process called consular processing at a U.S. Consulate.

Khadija DerrickMarch 11, 2022

A group of 3 people mentoring each other around a presentation on a laptop

Approvals

E-1 Visa Change of Status Approved at the USCIS California Service Center

E-1 visa change of status approved at the USCIS California Service Center. The applicant was a Canadian national who provided the online mentoring/consulting services.

Khadija DerrickMarch 10, 2022

Deportation & Humanitarian Immigration Immigration

Differences Between Unlawful Presence and Unlawful Status

These are two immigration concepts addressing the physical presence of a noncitizen in the United States.

Khadija DerrickMarch 10, 2022

A man clicking on a a financial icon with $

Approvals

L1A Approval for a Finance & Healthcare Billing Services Company at USCIS

L1A executive approval at U.S. Citizenship & Immigration Services. The approval was granted for 3 years and the business provides accounting and financial services for accountants.

Khadija DerrickMarch 9, 2022

Approvals

E-2 Approval with U.S. Citizenship & Immigration Services

E-2 approval with U.S. Citizenship & Immigration Services. The applicant, a national of Canada, will operate a photography, painting, and design studio in Texas.

Khadija DerrickMarch 9, 2022

Immigration

How frequently can I visit the United States as a visitor (B1/B2) and how long can I stay for each visit?

B1/B2 visitors should take care not to give the appearance that they are de facto residing in the United States and plan their travels accordingly. Extensions of stay is recommended rather than attempting a brief exit and return.

Khadija DerrickMarch 9, 2022

Business Plan charted out on a black board

E-2 Visa Immigration

Business Plan for E-2 Client that was Approved in London

We prepared a comprehensive business plan for an E-2 client that was just approved in London. U.K. nationals can obtain an E-2 visa for 5 years and it can be renewed indefinitely.

Khadija DerrickMarch 8, 2022

H-1B and E-3 Visa Immigration

Why Would a National of Chile or Singapore Consider an H-1B1 visa?

An introduction to the H-1B1 visa and why it is a good option for nationals of Chile or Singapore.

Khadija DerrickMarch 8, 2022

Two business owners smiling at something they are looking at on a laptop

E-2 Visa Immigration

I own a business 50/50 with a U.S. citizen. Must my E-2 investor visa application divide the business expenditures evenly between us?

When a co-owner is not applying for an E-2 investor visa, business expenses do not need to be divided evenly between the co-owners.

Khadija DerrickMarch 7, 2022

E-2 Visa Immigration

Special Considerations for E-2 Investors with Business Partners

E-2 investors may have business partners as long as they account for the E-2 requirements regarding ownership and investment.

Khadija DerrickMarch 4, 2022

Immigration

DHS Designates Ukraine for TPS

The Department of Homeland Security announced on March 3, 2021 that Ukraine has been designated for Temporary Protected Status (TPS) as a result of Russia’s invasion on Ukraine.

Khadija DerrickMarch 3, 2022

Approvals

Canadian TN Approved Under the Category of Attorney

Scott Legal just had another Canadian TN approval. The applicant was granted the approval under the category of Attorney, hired because of her legal and computer skills training to assist with the creation of business requirements and development of a…

Khadija DerrickMarch 3, 2022

Immigration

What is INA 245(k)?

Under INA 245(k) certain employment-based green card applicants are able to adjust status even if they have failed to maintain status, engaged in unauthorized employment and/or violated the terms of a nonimmigrant visa.

Khadija DerrickMarch 3, 2022

Immigration

Help! The U.S. Denied my Passport Application, Saying my Parent was a Diplomat. Can They do this? What Are my Options?

Why the U.S. government denies passports to diplomat children, and how they can pursue citizenship.

Khadija DerrickMarch 3, 2022

E-2 Visa Immigration

Can a Student on a Visa Start a Business and Change from F-1 to E-2 Status?

How an international student can change from F-1 to E-2 status.

Khadija DerrickMarch 2, 2022

a man clicking on a button that says "registration"

H-1B and E-3 Visa Immigration

H-1B Registration Begins Today, March 1

The initial registration period for the FY2023 H-1B cap has opened today, March 1, at noon Eastern Standard Time and run through noon EST on March 18, 2022.

Khadija DerrickMarch 1, 2022

H-1B and E-3 Visa Immigration

What is the Process for H-1B Cap Registration?

For FY2023 the H-1B registration period will run from March 1, 2022 at 12:00pm EST through Mach 18, 2022 at 12:00pm EST. During that time employers can submit registrations for H1B applicants. Selections will be announced by March 31, 2022.

Khadija DerrickMarch 1, 2022

USCIS Provides Guidance on Employment Authorization for E and L Spouses

I am an American Indian Born in Canada. Can I Enter the U.S. Under the Jay Treaty?

Departing the United States with a Pending Provisional Waiver

Can Noncitizens Subject to the 3- or 10-Year Bars Serve the Bar in the United States?

E-1 Visa Approval for a Treaty Trader Providing E-Commerce & Development Services

New EB-5 Reform Act Allows Concurrent Adjustment of Status Applications

Consequences of a noncitizen falling out of legal immigration status and accumulating unlawful presence in the United States

EB-5 Regional Center Program Reauthorized

What is the process to apply for a green card from within the U.S.? What is the process outside the U.S.?

E-1 Visa Change of Status Approved at the USCIS California Service Center

Differences Between Unlawful Presence and Unlawful Status

L1A Approval for a Finance & Healthcare Billing Services Company at USCIS

E-2 Approval with U.S. Citizenship & Immigration Services

How frequently can I visit the United States as a visitor (B1/B2) and how long can I stay for each visit?

Business Plan for E-2 Client that was Approved in London

Why Would a National of Chile or Singapore Consider an H-1B1 visa?

I own a business 50/50 with a U.S. citizen. Must my E-2 investor visa application divide the business expenditures evenly between us?

Special Considerations for E-2 Investors with Business Partners

DHS Designates Ukraine for TPS

Canadian TN Approved Under the Category of Attorney

What is INA 245(k)?

Help! The U.S. Denied my Passport Application, Saying my Parent was a Diplomat. Can They do this? What Are my Options?

Can a Student on a Visa Start a Business and Change from F-1 to E-2 Status?

H-1B Registration Begins Today, March 1

What is the Process for H-1B Cap Registration?

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