I currently have no legal immigration status in the United States and after years of working with my current employer, my current employer wants to help me obtain my green card. Is it true that I might be able to…
Vojo VrchakovskiFebruary 16, 2021
I am a Legal Permanent Resident living in the US for 10 years. Last year I was convicted of a marijuana related offense. Will this conviction affect my green card status? Marijuana is a controlled substance under federal law which…
Vojo VrchakovskiFebruary 11, 2021
If you are in the U.S. on a visa, you are only permitted to engage in activities consistent with that visa. We often think of visas as containing a bundle of rights, and you only have the right to do…
Vojo VrchakovskiFebruary 11, 2021
The National Interest Waiver (NIW) is an employment based green card category. The NIW falls under the EB-2 category, which means that as a threshold requirement, each applicant must have an advanced degree or its equivalent (a bachelor’s degree plus 5…
Vojo VrchakovskiFebruary 11, 2021
No. The Immigration and Nationality Act explicitly states that the biological parent and any prior adoptive parent of a U.S. citizen receives no rights, privileges, or status for immigration purposes as a result of that parental relationship. Background The U.S.…
Vojo VrchakovskiFebruary 10, 2021
In spite of a doctrine in immigration law that courts do not review consular officers’ immigration decisions, courts are able and willing to compel consulates to make a decision when they have failed to. As a result, you can sue…
Vojo VrchakovskiFebruary 10, 2021
E-2 víza sú typom neprisťahovaleckých víz ktorý je vhodný pre ľudí ktorí chcú žiť v USA a rozbehnúť svoj vlastný biznis alebo kúpiť už rozbehnutý biznis (napríklad reštauráciu). Biznis ktorý chcete v USA rozbehnúť môže byť malý, stredný alebo veľký, avšak aby…
Vojo VrchakovskiFebruary 10, 2021
Many that are on an E-2 visa ask the questions: How do I Convert my E-2 visa to a Green Card? What is the EB-5 Direct Program? An E-2 visa does not lead to a green card but if you…
Jenny ZhanFebruary 9, 2021
In short, TN applicants who received a degree from an educational institution not located in Canada, Mexico, or the United States must provide an evaluation of their foreign educational credentials. Background The TN – or “Trade National” – visa was…
Jenny ZhanFebruary 8, 2021
When the government has unreasonably delayed a decision on an immigration petition, one option to force the government to act is to sue. The specific name for this legal action is a “mandamus.” You can read more about mandamus actions…
Jenny ZhanFebruary 8, 2021
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 ZhanFebruary 5, 2021
An E-2 visa is a visa available in the United States for people who want to start or buy a business. Unfortunately, the purchase of a house does not constitute business activity and would not qualify for an E-2 visa.…
Jenny ZhanFebruary 5, 2021
The initial registration period for the FY2022 H-1B cap will open at noon Eastern Standard Time on March 9 and run through noon EST on March 25. During this time, prospective petitioners and legal representatives will be able to fill…
Jenny ZhanFebruary 5, 2021
In 2017, a new court decision (Matter of Dhanasar), changed the standard for the National Interest Waiver (NIW) which made this category much more approvable for entrepreneurs. An NIW is a green card petition that falls under the employment-based second preference…
Jenny ZhanFebruary 4, 2021
Every time you receive an I-797 Receipt Notice or Approval notice from USCIS, it is every important that you check that all information on the Notice looks correct. If you see a spelling mistake or a typographical error (e.g. spelling…
Jenny ZhanFebruary 4, 2021
An E-2 visa is a visa that is available to entrepreneurs who want to buy or start a business in the U.S. The E-2 visa requires an investment, and the business must also create U.S. jobs. The visa can be…
Jenny ZhanFebruary 4, 2021
Example: Your spouse was granted an E-2 visa/E-2 status and you are currently in the U.S. on an E-2 spouse status. You want to start looking for a job in the U.S. and you want to apply for a work…
Jenny ZhanFebruary 2, 2021
On January 25, 2021, president Biden signed an Executive Order 14005 called Ensuring Future is Made in All of America by All of America’s Workers. In Section 14 of this Executive Order, president Biden revoked: Former president Trump’s Executive Order no.…
Jenny ZhanFebruary 2, 2021
So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we have available? Honestly, not that many. One option to consider…
Jenny ZhanFebruary 1, 2021
If you recently submitted a non-immigrant visa application to a U.S. Consulate abroad (e.g. an E-2 investor application), you may be wondering when your visa interview will be scheduled. Unfortunately, due to Covid-19 global pandemic and always changing situation at…
Jenny ZhanFebruary 1, 2021
Every time you receive an I-797 Receipt Notice or Approval notice from USCIS, it is every important that you check that all information on the Notice looks correct. If you see a spelling mistake or a typographical error (e.g. spelling…
Jenny ZhanJanuary 28, 2021
We have a lot of clients who are currently in the U.S. on an E-2 status and either their E-2 visa or their I-94 is expiring soon. Due to many travel restrictions that are still in place and due to…
Jenny ZhanJanuary 28, 2021
Holding an A-1 diplomatic visa -- or any diplomatic visa -- does not, alone, prove diplomatic immunity. Whether a diplomat to the United States has diplomatic immunity can not only determine whether that person can be arrested or detained, but…
Jenny ZhanJanuary 27, 2021
One of the most daunting aspects of an E-2 visa is the fact that the investment must be made before the applicant gets the visa. This means that the applicant must spend the money before they know whether the visa…
Jenny ZhanJanuary 27, 2021
