USCIS will resume Applying New Public Charge Rule with Applications
USCIS has announced on September 22 that in light of the second circuit’s decision to stay a limited injunction again the Department of Homeland [...]
Potential options for noncitizens subject to permanent bar based on unlawful presence.
So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, [...]
Is USCIS conducting green card interviews during Covid-19? Can my green card interview be waived?
On June 4, 2020 certain USCIS field offices started resuming non-emergency in person appointments. USCIS indicated on its website that the particular USCIS field [...]
I entered the US without status 20 years ago but I have family members that have served in the US military. Does this qualify me for a Green Card?
Having a military family member does not automatically qualify a noncitizen for a green card, but the military family member can potentially lead to [...]
Dealing with the unlawful presence bars when applying for a green card through the adjustment of status process.
I am from Peru and live in the United States with status under Deferred Action for Childhood Arrivals, (DACA) which I obtained 8 years [...]
Ian E. Scott sits on AILA panel discussing E-2 Visa and Green Card Options
Scott Legal PC’s founding manager Ian Scott will sit on the AILA Midsouth Virtual conference to speak about Green Card Options for Entrepreneurs and [...]
I am a green card holder and have not returned to the U.S. due to COVID-19. Will this impact my green card? How can I preserve my permanent resident status?
The Covid-19 crisis has caused large disruptions in daily life and created significant difficulties for international travel. Many green card holders were outside the [...]
Department of Homeland Security Public Charge Rule Reinstated for all States Except for Vermont, Connecticut, and New York
On July 30, 2020, New York District Court Judge George Daniels issued a nationwide preliminary injunction on the public charge rules. On August 12, 2020, [...]
What does the Presidential Proclamation on L visas mean for my application? Can I still apply for an L visa at a U.S. Consulate? Can I apply for L-1 status from within the US?
On June 22, 2020, a Presidential Proclamation was issued that impacts the ability of certain visa holders to enter the United States. Under this [...]
New York Federal District Court Issues Temporary Injunction on State Department and DHS Public Charge Rules
On July 30, 2020, New York District Court Judge George Daniels issued a nationwide preliminary injunction on the public charge rules. This injunction applies [...]
I am getting married, and I want to help my partner and future spouse obtain a green card. What are my options?
When determining how to best help your spouse or potential spouse obtain a Green Card, we must first determine your current immigration status; whether [...]
My spouse applied for a Green Card for me, should I expect an interview?
Most certainly yes. The primary goal when applying for a Green Card through a spouse is to convince the Immigration Officer reviewing your case [...]
Extended time spent abroad and other circumstances that might place my Green Card status at risk. Can I lose my Green Card for being away too long?
Although a green card holder or legal permanent resident, “LPR” is permitted to travel outside the United States, green card holders need to be [...]
New USCIS Policy Manual Clarifying EB-5 Funds Deployment
USCIS has issued a new policy manual on July 24 regarding the deployment of EB-5 funds. If you want a green card and have [...]
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 [...]
I worked unauthorized in the U.S. Can I adjust my status if I married a U.S. citizen?
Let’s analyze the following scenario: You are currently in the U.S. on a non-immigrant visa (e.g. F-1 visa) and you are planning to file [...]
I-140 EB3 approval for a Data Analyst at a Consumer Products Company
We just had an I-140 approval with U.S. Citizenship & Immigration Services. The company is a consumer goods company and the beneficiary is a [...]
What is I-944 form? What evidence do I have to submit with the I-944 form? When do I have to submit the I-944 form?
The I-944 form is used by a green card applicant to demonstrate that he/she is not inadmissible based on the public charge ground of [...]
What is a leading role for the purposes of EB-1A green card? What is a critical role? What is an organization with distinguished reputation?
To qualify for the EB-1A Green Card, you will need to prove that you are one of the small percentage of people who have risen to [...]
I am a U.S. citizen and I married a foreign national. Can I sponsor my step child for a green card?
If you are a U.S. citizen, you may sponsor certain members of your family for a green card. You may either sponsor your immediate [...]
New Trump Administration Proposal Making Asylum Applications More Difficult
The Trump Administration unveiled a new proposal on Wednesday that would make it more difficult for foreign nationals to claim asylum. Asylum is a [...]
I am in the U.S. on E-1 visa and I married a U.S. citizen. Can my E-1 employees stay in the U.S. if I become a green card holder?
E-1 visa is a great visa for treaty traders who engage in international trade between the U.S. and their home treaty country. E-1 is a non-immigrant visa, meaning [...]
What are Some Disqualifying Factors for Citizenship? Can I Become a Citizen if I Committed a Crime?
There are a number of factors that can derail the citizenship process. There are outlined below. You can find out more about citizenship by [...]
Are you considering filing for Asylum? What is the one-year rule in filing an Asylum application?
Immigration Laws of the United States require a person seeking Asylum protection in the United States to file the Asylum application, within one year [...]
What are the Requirements for Asylum? What is Asylum?
What is Asylum? Asylum is a form of protection provided by the United States to individuals from a foreign country who are unable or [...]
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 [...]
What happens to child who turns 21 years old while waiting for a priority date? My Child is Waiting for a Green Card – What if my Child turns 21?
In most cases the child is considered to have aged out of the F-2A subcategory and proceeds to fall under the F-2B category which [...]
How do I Begin a Family Based Green Card Case? What Do I have to Do to Get a Green Card Through Family? Consular Processing
All family based green card processes start with an initial petition identified as the I-130 filed with USCIS. This Petition is filed with the [...]
How do I Begin a Family Based Green Card Case? What Do I have to Do to Get a Green Card Through Family? Adjustment of Status
All family based green card processes start with an initial petition identified as the I-130 filed with USCIS. This Petition is filed with the [...]
How long will I have to Wait for My Green Card? What is the Visa Bulletin?
If you are in the immediate relative category, it means the green card is current and you do not have to wait to apply [...]
Can my Family Members file a Green Card Application for Me? Can I get a Green Card through Family?
Yes. There are several ways family members can sponsor you for a green card. A United States Citizen, (“USC”) family member can petition for [...]
What are the immigration consequences Associated with Fire Arms Offenses?
This post continues our series on the impact of criminal convictions on immigration. Our last posts dealt with Crimes of Moral Turpitude (CIMTs) and [...]
What are the immigration consequences Associated with Crimes of Domestic Violence?
This post continues our series on the impact of criminal convictions on immigration. Our last posts dealt with Crimes of Moral Turpitude (CIMTs) and [...]
What are the immigration consequences Associated with Drug Convictions?
This post continues our series on the impact of criminal convictions on immigration. Our last posts dealt with Crimes of Moral Turpitude (CIMTs) and [...]
What are the immigration consequences Associated with an Aggravated Felony?
This post continues our series on the impact of criminal convictions on immigration. Our last post dealt with Crimes of Moral Turpitude (CIMTs) and [...]
