application | Scott Legal, P.C.

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

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

application | Scott Legal, P.C.

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.?

Trump Administration Adds Additional Roadblocks to Asylum

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?

Overcoming potentially negative discretionary decisions based on past criminal history when applying for US citizenship

New Expanded Premium Processing Services and Increased Costs Effective October 19

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?

US Consulate in Toronto has Resumed Processing E-2 Applications

USCIS Avoids Furlough of 70% of their Employees

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

USCIS’ Planned Furlough of Employees Delayed Until August 31

Huge Backlog in Green Card and Work Authorization Card Production

Update on USCIS Furlough of Employees

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

USCIS Planning to Furlough 70 Percent of Employees

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

What is the H-1B visa application process?

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

Fiscal Year 2021 Diversity Visa Lottery Winners Selected

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?

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

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

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

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?

DHS Extends Deadline for Public Comment Period for Proposed Fee Changes

DHS Proposal to Increase Visa Application Fees

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