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 to complete the application by applying for an immigrant visa…
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 a U.S. Consulate.
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.
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.
The U.S. Consulates are currently not conducting visa interviews online and you have to appear for an in person interview (unless you qualify for an interview waiver).
When the U.S. citizen is living in the U.S. and the beneficiary (the person the U.S. Citizen will marry) is outside the U.S., the U.S. citizen can file an application for a fiancé(e) visa with USCIS. This is known as…
Scott Legal just had immigrant visas approved for a diversity lottery applicant and his family. The applicant and his family are from Germany and their interview was in Frankfurt. The applicant was our E-2 client who initially wanted to apply for E-2 visa but…
U.S. Statement Department have announced that they have chosen the winners of the FY 2020 Diversity Visa Lottery. The Diversity Immigrant Visa Program makes up to 50,000 green cards available annually, drawn from random selection among all entries to individuals…
If you receive notification from the Electronic Diversity Visa Website that you have been selected in the Diversity Visa Program, you must complete numerous steps before you can get your green card. One of the critical factors is that the…
There are three common ways to get a green card through marriage to a U.S. Citizen. This post summarizes the three different options. Obtaining a Green Card through a Fiancé Visa (K Visa) When the U.S. citizen is living in…
On November 14th, Ian E. Scott from Scott Legal, P.C. sat on an immigration panel to discuss consular processing procedures and issues. The panel reviewed the following topics. Introduction to the FAM: what it is and how to use it…
An E-2 visa is a visa that can be issued to nationals of certain countries who want to start a business in the U.S. that will ultimately hire U.S. workers. The business can be a small one that requires a…
An E-2 visa is a great visa for a person who wants to launch a startup or purchase a business in the United States. In order to obtain the visa the applicant must invest in a business in the United States,…
We just received a 5-year approval at the U.S. Consulate in Toronto for an E-2 visa filed on behalf of a Canadian national treaty investor. The investor founded a business strategy consulting firm focusing on business strategy growth consulting, business financial consulting and…
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