Green card

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Approvals

I-140 Petition approved for an EB-1A extraordinary ability worker

We just had an I-140 petition approved at the USCIS Nebraska Service Center. The applicant is being sponsored by a U.S. company (please note that an EB-1A green card applicant may also file a self-petition). The case was approved for…

Jenny ZhanNovember 19, 2020

EB-5 Visa Immigration Investor Visas

DC Court of Appeals Upholds Landmark Decision to Apply Unsecured Loans as Investment Capital

The DC Circuit Court has ruled that EB-5 investors can use proceeds from unsecured loan for their investment capital. Zhang v. USCIS is a November 2018 Class Action Lawsuit that challenged USCIS’ denials of EB-5 investment petitions that had investment funds…

Jenny ZhanNovember 18, 2020

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Extraordinary Ability Immigration White House & President Immigration News

What impact will the Biden/Harris administration have on the extraordinary ability visa/green card? What changes did the Trump administration make with regards to the O-1 visa and Eb-1A green card?

The O-1A visa is for individuals with an extraordinary ability in the sciences, education, business, or athletics and is set aside for people who have risen to the top of their profession. Additionally, these persons must be coming temporarily to…

Jenny ZhanNovember 17, 2020

E-2 Visa Immigration Investor Visas News

Scott Legal Hosting Free Webinar on Green Card Options for E-2 Visa Holders

An E-2 visa is a great visa for those who want to start or buy a business in the U.S. The E-2 visa can be renewed indefinitely but does not lead to a green card. Some applicants decide that they…

Jenny ZhanNovember 16, 2020

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Immigration

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

Approvals

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

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Deportation & Humanitarian Immigration H-1B and E-3 Visa Immigration White House & President Immigration News

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

Approvals

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. Click on the buttons below…

Jenny ZhanNovember 5, 2020

Approvals

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

Immigration 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

Approvals

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

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Immigration

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

Immigration

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

Family Immigration 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

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Deportation & Humanitarian Immigration Immigration

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

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Family Immigration 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

Approvals

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. Click on the buttons below in order to claim your free Visa Guide (E-1, E-2,…

Jenny ZhanSeptember 29, 2020

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Family Immigration Immigration

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

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Family Immigration Immigration

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 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

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Family Immigration 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

I-140 Petition approved for an EB-1A extraordinary ability worker

DC Court of Appeals Upholds Landmark Decision to Apply Unsecured Loans as Investment Capital

What impact will the Biden/Harris administration have on the extraordinary ability visa/green card? What changes did the Trump administration make with regards to the O-1 visa and Eb-1A green card?

Scott Legal Hosting Free Webinar on Green Card Options for E-2 Visa Holders

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

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

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

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?

Green Card Approval for EB3 Applicant & Spouse

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

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?

Green Card approval for Beneficiary of EB1A Extraordinary Ability Petition

New Expanded Premium Processing Services and Increased Costs Effective October 19

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?

Congress Passes Stopgap Spending Measure and Premium Processing Services Expanded

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

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

FY 2022 Diversity Visa Lottery Opens October 7

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

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

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?

USCIS will resume Applying New Public Charge Rule with Applications

Potential options for noncitizens subject to permanent bar based on unlawful presence.

Is USCIS conducting green card interviews during Covid-19? Can my green card interview be waived?

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?

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