When preparing an E-2 case, one of the first questions we usually ask is whether the client plans to apply through consular processing or by filing a change of status…
Interview waivers are a useful tool that allow U.S. Consulates to waive the normal requirement that each visa applicant attend an interview. In the aftermath of the COVID pandemic, interview…
As a firm that has processed hundreds of E-2 visas, we frequently hear from clients asking whether the E-2 visa program is being impacted by the Trump administration. The short…
Recent guidance from the U.S. Department of State has introduced a pause in immigrant visa issuance for nationals of certain countries. This development has raised questions for individuals applying for…
Receiving the approval notice for your I-140 petition is a cause for celebration. It is a significant milestone that confirms your eligibility for permanent residency in the United States. However,…
Receiving a denial notice from USCIS is a stressful and disheartening experience for any business owner. If your E-2 change of status denied decision has just arrived, you may immediately…
After I-140 approval, wait for your priority date to become current, then file for adjustment of status or consular processing to obtain your green card.
Scott Legal, P.C. is thrilled to announce that the firm’s very own Partner, Kelly Weiner, recently represented the practice at the AILA Rome District Chapter - EMEA Confer…
The consular processing option and adjustment of status option have different advantages and disadvantages such as ease of international travel, extending one’s stay in the US, and US work authorization.
Unless you are planning to do a concurrent filing with Form I-140 and I-485, it is generally better to check the consular processing option on your I-140 petition.
In many cases where a noncitizen is applying for a green card through either a family based green card petition or employment based green card petition, the noncitizen may need…
Typically, interview dates for E-2 applications are offered after the DS-160 is submitted online and supporting documents are provided to the reviewing consulate.
Green card applicants who apply from within the U.S. go through a process called adjustment of status. Applicants who apply from abroad go through a process called consular processing at…
The goal in preventing deportation/removal is not to avoid departure from the United States, but to facilitate the green card under the difficult circumstances presented by a deportation court case.
Certain applicants renewing the same type of visa within 48 months of expiry, and certain applicants for H, F, M, J, L, O, P, Q visas may waive the in-person…
You can change status from B-1 to E-1 if you did not violate your status, your petition is received before your I-94 expires, and you meet the E-1 requirements.
While not common, Consular officers do have a discretion to send an O-1 petition to USCIS for re-consideration if they think you don’t meet the O-1 criteria.