Blog Immigration and Business Law | Scott Legal, P.C.

Approvals

Green Card Approval at the USCIS Field Office in New York City

We just had a green card approval at the USCIS Field Office in New York City for a spouse of a U.S. citizen. The conditional green card was approved for a period of 2 years

Khadija DerrickMarch 29, 2022

H-1B and E-3 Visa Immigration

FY 2023 H-1B Cap Lottery Has Been Completed

USCIS has announced that it has completed the regular and advanced degree selection lotteries and have notified employers of selection results.

Khadija DerrickMarch 29, 2022

A business woman and entrepreneur sitting in her office smiling with her arms crossed

Immigration National Interest Waiver

NIW Approval for Entrepreneur and Business Owner

We just had an NIW approval for a client that was an entrepreneur and business owner. The applicant performed consulting services that enhanced the businesses of others.

Khadija DerrickMarch 29, 2022

Immigration

Can I stay in the US on a visitor status, and continue working remotely for my foreign company, while being paid in my foreign account?

It could be risky to perform significant remote work for your foreign employer while staying in the US on a B1/B2 visa, because visitors on B1/B2 visas generally are not expected to spend the majority of their time performing productive…

Khadija DerrickMarch 29, 2022

Immigration

USCIS Expands Credit Card Payment to All Service Centers

USCIS has announced on March 2 that it has expanded credit card payments to all services center applications, except for Form I-129 applications for H-1B and H-2A applications.

Khadija DerrickMarch 28, 2022

Deportation & Humanitarian Immigration Immigration

Consulting with an Immigration Attorney-Deportation Case

A consultation with an immigration attorney is one of the most crucial steps in the process of dealing with a deportation/removal case. A deportation case is a long and harrowing process that requires knowledge and experience to traverse to have…

Khadija DerrickMarch 25, 2022

Approvals

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

We just had an E-2 approval with U.S. Citizenship & Immigration Services. The applicant, a national of Canada, will operate an investment firm in New York.

Khadija DerrickMarch 24, 2022

Immigration

Why Consult with an Immigration Attorney? Applying for a Visa or Green Card

Applying for an immigration status is not as simple as just filling out and mailing the appropriate immigration form and paying the required fee.

Khadija DerrickMarch 24, 2022

A business man holding the key to success

EB-5 Visa Immigration

The EB-5 Process Described Under the New Rules & Timing

Immigrant Investors in the U.S. are happy that the Regional Center EB-5 program has been reauthorized. The program was in limbo for over 9 months and has finally been revitalized.

Khadija DerrickMarch 23, 2022

a man holding two men who are coming to an agreement in the palm of his hand

Deportation & Humanitarian Immigration Immigration

Waiver for Crimes that Disqualify a Noncitizen from a Green Card

Past criminal violations will certainly create significant problems for noncitizens attempting to obtain a green card.

Khadija DerrickMarch 22, 2022

An image of global and international movements

Deportation & Humanitarian Immigration Immigration

Can I Obtain a Green Card Through a Spouse After a Deportation Order?

Obtaining a green card through a spouse who is either a legal permanent resident or U.S. Citizen maybe possible, but there are several factors you need to understand before moving forward with this process.

Khadija DerrickMarch 21, 2022

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

Green Card Approval at the USCIS Field Office in New York City

FY 2023 H-1B Cap Lottery Has Been Completed

NIW Approval for Entrepreneur and Business Owner

Can I stay in the US on a visitor status, and continue working remotely for my foreign company, while being paid in my foreign account?

USCIS Expands Credit Card Payment to All Service Centers

Consulting with an Immigration Attorney-Deportation Case

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

Why Consult with an Immigration Attorney? Applying for a Visa or Green Card

The EB-5 Process Described Under the New Rules & Timing

Waiver for Crimes that Disqualify a Noncitizen from a Green Card

Can I Obtain a Green Card Through a Spouse After a Deportation Order?

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?

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