What is the 2-year J-1 visa home country residency requirement? Blog Post
Participants of some J-1 visa programs are subject to a 2 year home residency requirement. They will have to return to their home country for at least 2 years.
Green Card approval for a National of India based on 204(l) reinstatement Blog Post
We just had a client who was approved for a green card by U.S. Citizenship & Immigration Services. The applicant's spouse passed away after the approval of the spouse's I-140...
Can I work for a U.S. company from abroad? Do I need a U.S. visa to work for a U.S. company from abroad? Blog Post
Some of our clients are often confused whether they can work for a U.S. company if they are not in the U.S. and whether they need a U.S. visa to...
Can I apply for an E-2 visa in Canada if I am not a Canadian citizen? Blog Post
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... I want to extend my E-2 visa with USCIS and realized my passport is expired. Do I have to have a valid passport when applying for an extension of status with USCIS? Do I have to have a valid passport even if I don’t plan to travel outside the U.S.? Blog Post
Example You entered the U.S. on a B-1 visa back in 2014 and in 2014 you filed a change of status petition with USCIS and you changed your status from...
I am currently in the U.S. on a non-immigrant visa. Can I renew my U.S. visa in Mexico? Blog Post
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...
What impact will the Biden/Harris administration have on the extraordinary ability visa/green card? What changes did the Trump administration make with regards to the O-1 visa and Eb-1A green card? Blog Post
The O-1A visa is for individuals with an extraordinary ability in the sciences, education, business, or athletics and is set aside for people who have risen to the top of...
Overcoming potentially negative discretionary decisions based on past criminal history when applying for a green card Blog Post
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... 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? Blog Post
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...
What impact will a Biden/Harris administration have on L-1A and L-1B visas? Blog Post
The L-1 visa is used by U.S. employers to transfer employees from a company abroad to the U.S. The company abroad must have a qualifying relationship with the U.S. company...
Diversity Visa Lottery: Will the lottery continue under the new administration? What changes were made to the Diversity Visa lottery system during the Trump administration? Blog Post
The Diversity Immigrant Visa Program makes up to 50,000 green cards available annually, drawn from random selection among all entries to individuals who are from countries with low rates of...
Will it be easier to get an H-1B visa under the new administration? What changes were made with regards to H-1B visa during the Trump administration? Blog Post
On Saturday November 7, 2020 Joe Biden and Kamala Harris became the 46th president elect and vice-president elect of the U.S. In the past 4 years President Trump’s administration has...
Removal proceedings policies that may change/return under the Biden Harris administration Blog Post
Return of Administrative Closure? Overview: Administrative closure has been considered an administrative tool available to immigration judges used to administer their dockets as a way to prioritize their caseloads by... 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? Blog Post
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... The Permanent Bar based on prior removal Blog Post
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,...
Ian Scott Sits on AILA RDC/EMEA Conference Blog Post
Ian E. Scott has been selected to sit on a panel to share knowledge on alternative visas for investors with other immigration attorneys. This AILA annual conference is attended by... I am an employer who is sponsoring L-1 visa holders for green cards. Once the green card petition is filed and they receive work authorization, do I need keep extending their L-1 visas? Blog Post
U.S. employers are able to use the L-1 visa to transfer employees from abroad to work in managerial, executive and specialized knowledge roles. The employees must have worked for a...
New Guidance on O-1 visa classification Blog Post
On September 17, 2020 USCIS announced that it consolidate policy guidance on the O-1 visa in the USCIS Policy Manual. The USCIS Policy Manual is the agency’s centralized repository for USCIS’... Trump Administration Adds Additional Roadblocks to Asylum Blog Post
The Trump Administration announced on Tuesday that asylum applicants will receive denials for their asylum applications if they are convicted of driving under the influence or committing crimes to support...
I want to apply for asylum, but I don’t know how to tell my story. How do I create the most compelling personal statement in an asylum application? Blog Post
A few things to keep in mind Before you get started on your personal statement, please keep a few things in mind. First, asylum is a complicated area of law,... Overcoming potentially negative discretionary decisions based on past criminal history when applying for US citizenship Blog Post
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...
Would I be refused entry if I refuse to comply with CBP phone or computer search? Do CBP need a search warrant to look through my devices? Blog Post
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... I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime? Blog Post
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... 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? Blog Post
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...
