Green card | | Scott Legal, P.C.

Overcoming potentially negative discretionary decisions based on past criminal history when applying for a green card

I am interested in applying for a green card, but I want to know if my past criminal history will affect my case? Any past criminal history has the potential of affecting a green card based application process whether the…

Jenny ZhanNovember 16, 2020

Deportation & Humanitarian Immigration H-1B and E-3 Visa Immigration Immigration Biden/Harris Administration

Green Card Approval at the New Jersey field office for a spouse of a U.S. citizen

We just had a green card approval in New Jersey for the spouse of a U.S. citizen. In cases where a green card is granted when the couple has been married for less than 2 years, the spouse will receive…

Jenny ZhanNovember 12, 2020

What impact will a Biden/Harris administration have on current immigration policy?

On November 7, 2020, Joseph R. Biden Jr. became the President-elect of the United States & Kamala Harris became the United States Vice President-elect. For the past four years President Trump’s administration has made a series of drastic changes to…

Jenny ZhanNovember 9, 2020

Immigration L-1 Visa

I am on an L-1 and my company is sponsoring me for a green card. Once my green card petition is filed and I receive my work authorization, do I need to extend my L-1 visa?

The L-1 visa allows companies abroad that have a qualifying relationship with a U.S. company to transfer employees to the U.S. in managerial, executive and specialized knowledge roles. The L-1 visa can be granted for up to 7 years for…

Jenny ZhanNovember 6, 2020

Green Card Approval for EB3 Applicant & Spouse

We just had a green card approval in the EB3 category. The applicant was sponsored for a green card by their U.S. employer and the applicant and spouse were granted green cards without interview. You can set up a consultation…

Jenny ZhanNovember 5, 2020

Green Card approval at New York Field Office for Spouse of U.S. Citizen

We just had a green card approval in New York for the spouse of a U.S. citizen. In cases where a green card is granted when the couple has been married for less than 2 years, the spouse will receive…

Jenny ZhanNovember 5, 2020

L-1 Visa

I am an employer who is sponsoring L-1 visa holders for green cards. Once the green card petition is filed and they receive work authorization, do I need keep extending their L-1 visas?

U.S. employers are able to use the L-1 visa to transfer employees from abroad to work in managerial, executive and specialized knowledge roles. The employees must have worked for a company abroad for at least 1 year within the last…

Jenny ZhanOctober 26, 2020

Green Card approval for Beneficiary of EB1A Extraordinary Ability Petition

We just received a green card approval for an EB1A self-petitioner. The applicant is a data research scientist whose field of expertise was highly specialized. We were able to port an earlier priority date from an EB-2 to an EB-1A…

Jenny ZhanOctober 22, 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

The October Visa Bulletin showed that green cards are available in the EB-3 category sooner than in the EB-2 category. I have an approved I-140 petition in the EB-2 category. Can I “downgrade” to an EB-3 to take advantage of the availability of visas?

As explained in a separate blog post found here, the October 2020 Visa Bulletin generally saw significant forward movement on visa availability. The October Bulletin also showed that lower-preference employment categories (for example, the EB-3 category) are able to receive…

Jenny ZhanOctober 12, 2020

Immigration News

Congress Passes Stopgap Spending Measure and Premium Processing Services Expanded

Congress has passed a stopgap spending measure to ensure that the US government and several immigration operations will be extended through to December 11, 2020. The spending measure extended the four expiring immigration programs including the E-Verify, the EB-5 Regional…

Jenny ZhanOctober 9, 2020

USCIS denied my employment-based petition. What are my options now? Can I sue the government?

In short, yes, you can sue the government if your petition has been denied. Not only that, at a time when the government is denying or delaying decisions at a record frequency, a lawsuit might be your most promising option…

Jenny ZhanOctober 9, 2020

Deportation & Humanitarian Immigration

I filed a green card application. Should I apply for an Advance Parole and Employment authorization card?

If you are filing an Adjustment of Status application (either because a family member sponsored you or based on employment based petition), you may be wondering whether you should apply for a travel and work authorization and whether you should…

Jenny ZhanOctober 8, 2020

FY 2022 Diversity Visa Lottery Opens October 7

Starting from noon EST on October 7, 2020, the State Department will begin accepting online registration for Fiscal Year 2022 Diversity Visa lottery here. Foreign nationals who qualify for the lottery have until noon EST on November 10 to file online.…

Jenny ZhanOctober 2, 2020

Family Immigration

Filing the removal of conditions application based on the waiver of the joint filing requirement because of a divorce

Will I lose my green card if my green card was granted for two years because I was married to my US citizen spouse for 1 year and we are now getting divorced? No, not necessarily. You can and must…

Jenny ZhanOctober 1, 2020

I-140 EB3 Approval for an Accountant at an Accounting Firm

We just had an I-140 approval with U.S. Citizenship & Immigration Services. The company is an accounting firm and the beneficiary is an accountant. You can set up a consultation by clicking the link below. To find out more about…

Jenny ZhanSeptember 29, 2020

Immigration Immigration Law Changes & New Law

I filed a family based Adjustment of Status. Where and how will my application be processed? What is USCIS Chicago Lockbox? What is National Benefits Center?

If you recently filed a family based Adjustment of Status application, you may be wondering how and where will your green card application be processed. Please note that you can adjust your status if you are either an immediate relative…

Jenny ZhanSeptember 28, 2020

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 Security’s public charge rule, it will resume applying the new public charge rule against adjustment of…

Jenny ZhanSeptember 23, 2020

Deportation & Humanitarian Immigration

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, what options if any do we have available? Honestly, not that many. One option to consider…

Jenny ZhanSeptember 22, 2020

Covid 19

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 office that is processing your green card application will send you an interview notice or re-scheduling…

Jenny ZhanSeptember 21, 2020

Family Immigration

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 an easier path in obtaining a green card. In most green card cases, a noncitizen must…

Jenny ZhanSeptember 17, 2020

Covid 19 Family Immigration Immigration

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 ago when I was 20 years old. I married a United States citizen last year and…

Jenny ZhanSeptember 1, 2020

News

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 general E-2 visa requirements and issues. The Treaty Trader (E-1) and Treaty Investor (E-2) visa categories…

Jenny ZhanAugust 28, 2020

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 U.S. when the crisis hit and may be reluctant to travel back to the U.S. for…

Jenny ZhanAugust 19, 2020

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, a Second Circuit Court of Appeals order limited the nationwide injunction to Vermont, Connecticut, and New…

Jenny ZhanAugust 18, 2020

L-1 Visa

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 proclamation anyone who was outside the United States as of June 24, 2020 and did not…

Jenny ZhanAugust 17, 2020

Immigration News

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 to both the State Department and the Department of Homeland Security. In the new public charge…

Jenny ZhanJuly 30, 2020

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 you are currently married and where your spouse or potential spouse is currently residing. I am…

Jenny ZhanJuly 28, 2020

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 that the marriage with your spouse is a real marriage also known as a bona fide…

Jenny ZhanJuly 27, 2020