Immigration

I want to come to the U.S. to set up an E-2 business. Should I enter on a B-1 or B-2 visa? Can I change status in the U.S. if I entered on a B-2 visa?

If you want to come to the U.S. and explore E-2 investment opportunities, you should enter as a B-1 business visitor (either on a B-1 visaor as anESTA business visitor). Exploring investment opportunities is an activity that is specifically allowed…

Jenny ZhanDecember 1, 2020

My B extension of status petition has been pending for almost 6 months. Can I stay in the U.S. as long as the petition is pending or do I have to leave the U.S.?

B-1 visa classification is available to foreign nationals who desire to enter the U.S. for short-term business activities. For B-1 purposes, engaging in business generally means business activities other than performance of skilled and unskilled labor that are a necessary…

Jenny ZhanNovember 24, 2020

Can I apply for an E-2 visa in Canada if I am not a Canadian citizen?

Many of our clients who are in the U.S. on some sort of a non-immigrant visa and want to apply for an E-2 visa and don’t want to travel back home to their home country ask us whether they can…

Jenny ZhanNovember 24, 2020

Immigration TN Visa

I am currently in the U.S. on a non-immigrant visa. Can I renew my U.S. visa in Mexico?

Many of our clients are in the U.S. on some sort of a non-immigrant visa. We often get asked the following question from our clients: Can I renew my visa in Mexico? Applying for initial non-immigrant visa in Mexico If…

Jenny ZhanNovember 20, 2020

Overcoming potentially negative discretionary decisions based on past criminal history when applying for a green card

I am interested in applying for a green card, but I want to know if my past criminal history will affect my case? Any past criminal history has the potential of affecting a green card based application process whether the…

Jenny ZhanNovember 16, 2020

Do I have to change my address if I move within the U.S.? What is Form AR-11?

What is form AR-11? This is a form you have to file if you move within the U.S. and you are in the U.S. as a green card holder or on a non-immigrant visa status. You can find this form…

Jenny ZhanNovember 16, 2020

Immigration Immigration Biden/Harris Administration

How do I prove my non-immigrant intent at the E-2 visa interview? Is it a problem if I have a family living in the U.S.? Is it a problem if I previously applied in the Diversity visa lottery?

An E-2 Visa is a Visa Classification that is available for foreign nationals who wish to live in the U.S. to develop and direct the operations of a business. The business can be large or small and an E-2 Visa…

Jenny ZhanNovember 12, 2020

What is Biden’s previous position on immigration? What are some of Biden’s Proposed Changes to Immigration?

What impact will this election have on immigration? What are some of the changes we expect to occur under a Biden-Harris administration? The past four years have seen dramatic changes in U.S. immigration policy under the Trump administration. The arrival…

Jenny ZhanNovember 9, 2020

Deportation & Humanitarian Immigration H-1B and E-3 Visa Immigration Immigration Biden/Harris Administration

What impact will a Biden/Harris administration have on current immigration policy?

On November 7, 2020, Joseph R. Biden Jr. became the President-elect of the United States & Kamala Harris became the United States Vice President-elect. For the past four years President Trump’s administration has made a series of drastic changes to…

Jenny ZhanNovember 9, 2020

E-2 Visa Immigration Immigration Biden/Harris Administration Investor Visas

How Will the Biden/Harris Administration Impact E-1 and E-2 Visas? Which Changes are Expected for the E-1 and E-2 Visas in a Biden/Harris Administration?

The E-1 Visa is a visa based on trade between the United States and a Treaty country. The trade must be significant and must have existed for a period. You can find out more about the E-1 visa by clicking…

Jenny ZhanNovember 9, 2020

Immigration L-1 Visa

I am on an L-1 and my company is sponsoring me for a green card. Once my green card petition is filed and I receive my work authorization, do I need to extend my L-1 visa?

The L-1 visa allows companies abroad that have a qualifying relationship with a U.S. company to transfer employees to the U.S. in managerial, executive and specialized knowledge roles. The L-1 visa can be granted for up to 7 years for…

Jenny ZhanNovember 6, 2020

I want to renew my E-2 visa. What will I have to show in my renewal application? Do I have to invest additional money in the business if I am renewing my E-2 visa?

An E-2 visa is a visa classification that is available for foreign nationals who wish to live in the U.S. to develop and direct the operations of a business. The business can be large or small and an E-2 visa…

Jenny ZhanNovember 6, 2020

The Permanent Bar based on prior removal

I am a US citizen and want to file a petition for a green card for my spouse. During his initial attempts to enter the United States 10 years ago, he was apprehended by border patrol agents and deported from…

Jenny ZhanOctober 29, 2020

Immigration Questions & Answers

Can I change status from B-1/B-2 to F-1?

F-1 visa is a great visa for students who want to come to the U.S. and attend university, college, high school, elementary school, or other academic institutions. There are 2 main ways to can come to the U.S. and attend…

Jenny ZhanOctober 29, 2020

J-1 trainee visa: Q&A

What is the purpose of the J-1 trainee visa? The purpose of the J-1 trainee visa is to enhance the skills and expertise of J-1 trainees in their particular academic or occupational fields, to improve their knowledge of particular U.S.…

Jenny ZhanOctober 28, 2020

Immigration Questions & Answers

J-1 internship visa: Q&A

What is the purpose of the J-1 internship program? The purpose of the J-1 internship program is to enhance your skills and experience in a particular academic field and expose you to U.S. techniques or methodologies. Additionally, the J-1 program…

Jenny ZhanOctober 28, 2020

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

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

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

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

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

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

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

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

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

Family Immigration Immigration

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

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

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

Family Immigration Immigration

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

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 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

Immigration Immigration Law Changes & New Law

USCIS will resume Applying New Public Charge Rule with Applications

USCIS has announced on September 22 that in light of the second circuit’s decision to stay a limited injunction again the Department of Homeland Security’s public charge rule, it will resume applying the new public charge rule against adjustment of…

Jenny ZhanSeptember 23, 2020

We Are Looking for an Immigration Paralegal!

We are looking for a person with 2+ years of immigration paralegal experience to assist busy attorneys and our legal research analyst. This is a part-time position. (approximately 20 hours per week - a full-time position would be considered depending…

IanScottSeptember 23, 2020