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Deportation & Humanitarian Immigration

Trump Administration Adds Additional Roadblocks to Asylum

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 gangs. The new policy will also deny asylum to people…

Jenny ZhanOctober 22, 2020

Deportation & Humanitarian Immigration

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?

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, and it is strongly recommended that you seek assistance from…

Jenny ZhanOctober 21, 2020

Immigration

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

Immigration News

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

Immigration

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

Covid 19 E-2 Visa Immigration Investor Visas

US Consulate in Toronto has Resumed Processing E-2 Applications

According to the Toronto Consulate visa chief, the U.S. consulate in Toronto has resumed processing E-2 visa applications. An E-2 visa can be a great visa option for an investor who wants to buy or start a business. You can…

Jenny ZhanSeptember 8, 2020

Covid 19 News

USCIS Avoids Furlough of 70% of their Employees

USCIS has announced that its has avoided the furlough of 70% of their employees, originally scheduled to occur on August 30. Since March, USCIS has seen a 50% drop in receipts and incoming fees and estimates that application and petition receipts…

Jenny ZhanAugust 26, 2020

Covid 19

What Will Happen if USCIS Furloughs 70 Percent of Their Staff?

USCIS announced that its planning to furlough of 70% of its employees on August 31 unless Congress acts on the agency’s $1.2 billion emergency funding request. Since March, USCIS has seen a 50% drop in receipts and incoming fees and…

Jenny ZhanAugust 21, 2020

News

USCIS’ Planned Furlough of Employees Delayed Until August 31

USCIS announced on Friday that it has delayed it planned furlough of 70% of its employees for another month until August 31. USCIS wants to give Congress more time to act on the agency’s $1.2 billion emergency funding request. Since…

Jenny ZhanJuly 28, 2020

Covid 19

Huge Backlog in Green Card and Work Authorization Card Production

In June 2020, USCIS ended an outside contract with a company that produced secure cards such as green cards and employment authorization cards. USCIS has moved this service to its internal employees. However, given the reduced number of workers due…

Jenny ZhanJuly 23, 2020

Covid 19

Update on USCIS Furlough of Employees

USCIS has issued furlough notices to 70% of its workforce at the end of June. USCIS is a for profit agency that uses application fees to fund the agency and its employees. At the current moment, there are approximately 20,000…

Jenny ZhanJuly 13, 2020

Covid 19

Coronavirus Update: USCIS Extends RFE and NOID Flexibility Dates until September

USCIS announced on March 27 that it is adopting measures to assist applicants and petitioners who are responding to requests for evidence (RFE) or notices of intent to deny (NOID). This flexibility has been extended until September 11, 2020 and…

Jenny ZhanJuly 1, 2020

News

USCIS Planning to Furlough 70 Percent of Employees

A USCIS spokesperson has announced that the agency is planning to furlough nearly 70% of its workforce as it faces budget shortfalls as a result of the Coronavirus pandemic. Since March, USCIS has seen a 50% drop in receipts and…

Jenny ZhanJune 25, 2020

Immigration News

What are the U.S. visa fees? What is a visa reciprocity fee? Is the reciprocity fee already included in the visa fee?

If you want to come to the U.S. on a non-immigrant visa, you will have to apply for a U.S. visa at a Consulate abroad (unless you are visa exempt – for example Canadian are exempt for certain visa categories).…

Jenny ZhanJune 23, 2020

H-1B and E-3 Visa

What is the H-1B visa application process?

If your H-1B registration application was selected in the H-1B lottery, you have a 90 day period during which you have to file an H-1B petition with USCIS. This blog post will walk you through the H-1B application process. File…

Jenny ZhanJune 19, 2020

Extraordinary Ability

What is the O-1 visa application process? How long does it take to get an O-1 visa?

O-1 visa is a great visa for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized…

Jenny ZhanJune 11, 2020

Immigration

Fiscal Year 2021 Diversity Visa Lottery Winners Selected

U.S. Statement Department have announced that they have chosen the winners of the FY 2021 Diversity Visa Lottery. Although the announcement of the winners were delayed by a month this year due to the Coronavirus, USCIS have stated that this…

Jenny ZhanJune 8, 2020

E-2 Visa Immigration Investor Visas

My E-2 visa was denied and now my ESTA is no longer valid. How can I get a B-1 visa if my E-2 has been denied? I cannot travel on ESTA, how can I get a B visa?

If you have a valid ESTA, you can use this to enter the U.S. to organize everything you need to apply for an E-2 visa. You can find out more about the visa waiver program by clicking here. While in…

Jenny ZhanApril 13, 2020

H-1B and E-3 Visa

FY 2021 H-1B Cap Petitions can be Filed Starting April 1

USCIS announced today that H-1B cap-subject petitions for fiscal year 2021 can now be filed. USCIS has already notified all selected applications of their selection status on or before March 31. Only applicants who have be selected in the lottery…

Jenny ZhanApril 1, 2020

Covid 19

Coronavirus Update: USCIS to Reuse Previously Submitted Biometrics to Process Work Permit Applications

USCIS has announced that they will reuse previously submitted biometrics in order to process valid work permit application extension requests due to the closure of Application Support Centers (ASC). Biometrics appointments are appointments where the applicant’s fingerprints, photo, and information…

Jenny ZhanApril 1, 2020

Covid 19

Coronavirus Update: USCIS Announces Flexibility for Requests for Evidence and Notices of Intent to Deny

USCIS has announced today that it is adopting measures to assist applicants and petitioners who are responding to requests for evidence (RFE) or notices of intent to deny (NOID) dated between March 1 and May 1, 2020. Any applicants who…

Jenny ZhanMarch 27, 2020

Family Immigration Immigration

My child is a U.S. citizen. Can he/she sponsor me for a green card? Can I put my non-U.S. citizen child as a derivative beneficiary on the I-130 petition?

If your child is a U.S. citizen and is 21 or older, he/she can sponsor you for a green card under the immediate relative of a U.S. citizen category. If your U.S. citizen child wants to sponsor you and your…

Jenny ZhanFebruary 17, 2020

Immigration News

DHS Extends Deadline for Public Comment Period for Proposed Fee Changes

DHS has extended the public comment period for the proposed fee changes to December 30. This extension gives stakeholders more time to weigh in on the recent proposal that would significantly increase most USCIS filing fees. For the detailed breakdown…

Jenny ZhanDecember 9, 2019

Immigration News

DHS Proposal to Increase Visa Application Fees

The Department of Homeland Security has proposed a fee schedule that would increase the filing fees for most applications. The proposal also seeks to increase the premium processing timeline to 15 business days instead of the current 15 calendar days.…

Jenny ZhanNovember 21, 2019

Deportation & Humanitarian Immigration

United States Once Again Lowers Number of Refugees it Will Accept

For the third year in a row, the United States will slash the number of refugees it will accept. In the next fiscal year, up to 18,000 refugees will be allowed in the country, down from the cap of 45,000…

Jenny ZhanOctober 4, 2019

Family Immigration Immigration

FY 2021 Diversity Visa Lottery Opens October 2

Starting from noon EST on October 2, 2019, the State Department will begin accepting online registration for Fiscal Year 2020 Diversity Visa lottery here. Foreign nationals who qualify for the lottery have until noon EST on November 5 to file online.…

Jenny ZhanSeptember 25, 2019

E-2 Visa Immigration Investor Visas

New E-2 Visa Renewal Procedure for Toronto

The U.S. Consulate in Toronto has changed its procedure for renewals of E-2 visas. If the applicant did not receive their initial visa in Toronto, the applicant can no longer use the streamline application process, instead the applicant will have…

Jenny ZhanMay 31, 2019

Immigration Law Changes & New Law

ICE Increases Fee for International Students, Exchange Visitors, and SEVP-Certified Schools

U.S. Immigration and Customs Enforcement (ICE) announced that the Student and Exchange Visitor Program (SEVP) petition and application fees will increase on June 24, 2019. Foreign nationals who enter the United States to pursue educational degrees are admitted as F-1…

Jenny ZhanMay 24, 2019

Family Immigration Immigration

What happens if the Petitioner of an I-130 petition dies before beneficiary gets a green card? Can a beneficiary still get a green card if a Relative dies?

If you are a U.S. citizen or a green card holder, you can file form I-130 and sponsor certain family relatives for a green card. If you are a U.S. citizen and you want to sponsor your spouse, unmarried child…

Jenny ZhanMay 6, 2019

Immigration

What is Administrative Processing? What Does Administrative Processing Mean? How long can I Stay in Administrative Processing? Why was I placed in Administrative Processing?

When you apply for a visa (For example, E-2, B-1, H1-B, O-1) at a Consulate, there are several possible outcomes. The visa can be approved, denied (refused), or the application and applicant can be placed in Administrative Processing. What is…

Jenny ZhanJanuary 14, 2019

E-2 Visa Immigration Investor Visas

What Should I Know Before Applying for a Visa in Mexico? What Are Some Special Considerations for Applying for an E-2 Treaty Investor Visa in Mexico?

An E-2 investor visa is an excellent option for people who seek to start and develop a business in the U.S. This classification permits investors, employees and their immediate family members to live in the U.S. while they run their…

Jenny ZhanSeptember 18, 2018

Client Advice Family Immigration Immigration

What Is a Congressional Inquiry? Can I Ask My Member of Congress to Submit a Congressional Inquiry about My Immigration Application?

Foreign nationals applying for a green card or another immigration benefit often seek help from their Members of Congress (MOCs) in the U.S. Senate or House of Representatives when USCIS, the federal agency responsible for processing immigration applications, is not…

Jenny ZhanSeptember 17, 2018

Immigration Immigration Law Changes & New Law

Denaturalization: How can an American Citizen lose their Citizenship

For some U.S. citizens, the wait after submitting an immigration applicant can be decades long, add another few years of holding permanent residence status before becoming eligible to apply for citizenship, you study hard to learn a few hundred years…

Jenny ZhanJuly 20, 2018

Approvals

Perm Application Approval for E-2 Client

Scott Legal, P.C. just had the first step of the green card process (PERM Application) certified by U.S. Department of Labor for one of our E-2 clients. The PERM was approved for a recruitment firm based in the U.K. The next step in…

Jenny ZhanJune 26, 2018

Immigration

Applying for U.S. citizenship: What are the requirements to apply? What are the benefits of applying? When Can I Apply for Citizenship?

What are the requirements to apply? There are several requirements that green card holders must meet in order to apply to become U.S. citizens. This process is called naturalization. Generally, green card holders applying to naturalize must be at least…

Jenny ZhanApril 13, 2018

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