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immigration

I was born abroad and then adopted. Now I am a U.S. citizen. Can I sponsor my biological parent for a green card? Family ImmigrationImmigration

I was born abroad and then adopted. Now I am a U.S. citizen. Can I sponsor my biological parent for a green card?

No. The Immigration and Nationality Act explicitly states that the biological parent and any prior adoptive parent of a U.S. citizen receives no rights, privileges, or status for immigration purposes as a result of that parental relationship. Background  The U.S.…
February 10, 2021
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Can entrepreneurs qualify for the EB-2 National Interest Waiver? Can I only apply with an established business or can I apply if I have an idea for a start up? ImmigrationNational Interest Waiver

Can entrepreneurs qualify for the EB-2 National Interest Waiver? Can I only apply with an established business or can I apply if I have an idea for a start up?

In 2017, a new court decision (Matter of Dhanasar), changed the standard for the National Interest Waiver (NIW) which made this category much more approvable for entrepreneurs. An NIW is a green card petition that falls under the employment-based second preference…
February 4, 2021
What is an EB-5 Direct Investment? Can I get a Green Card through the EB-5 Program if I am an Entrepreneur? EB-5 VisaImmigrationInvestor Visas

What is an EB-5 Direct Investment? Can I get a Green Card through the EB-5 Program if I am an Entrepreneur?

Overview of EB-5 Direct Investment Program The EB-5 Investment Immigration program allows a petitioner who has invested $800,000 into a Targeted Employment Area (TEA) or $1,050,000 into a non-TEA area to obtain a green card, if they invest in a…
January 26, 2021
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I have a green card and want to travel to a U.S. territory for an extended period of time. Do I risk abandoning my green card? Immigration

I have a green card and want to travel to a U.S. territory for an extended period of time. Do I risk abandoning my green card?

In short, traveling to certain U.S. territories is, for purposes of U.S. immigration law, considered travel within the United States. Specifically, travel to Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands does not carry the risk…
January 11, 2021
Are the U.S. Consulates currently open? Are the U.S. Consulates currently processing E-2 visa applications? E-2 VisaImmigrationInvestor Visas

Are the U.S. Consulates currently open? Are the U.S. Consulates currently processing E-2 visa applications?

Many of our clients and potential clients are curious to know whether the U.S. Consulates abroad are currently open and whether the Consulates are currently processing E-2 visa applications and scheduling E-2 visa interviews. The question we often get from…
January 8, 2021
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Approval of Request for Reinstatement of I-140 Petition under Section 204(l) Relief for Surviving Relatives Approvals

Approval of Request for Reinstatement of I-140 Petition under Section 204(l) Relief for Surviving Relatives

We just had USCIS agree to reinstate an I-140 approval for a client whose relative passed away after the I-140 was approved. Section 204(l) Relief for Surviving Relatives allows certain principal and derivative applicants to seek the reinstatement of a…
December 16, 2020
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Who is a joint-sponsor? Who is a substitute sponsor? Can the green card applicant’s income be used to show sufficient income for Form I-864? Family ImmigrationImmigration

Who is a joint-sponsor? Who is a substitute sponsor? Can the green card applicant’s income be used to show sufficient income for Form I-864?

If you are applying for a green card through Adjustment of Status, in most cases you will have to submit form I-864, Affidavit of Support. Affidavit of Support is basically a contract between the sponsor and the government in which…
December 15, 2020
Do I need to have a health insurance to get a green card in the U.S.? What documents do I need to submit to prove that I have health insurance? Family ImmigrationImmigration

Do I need to have a health insurance to get a green card in the U.S.? What documents do I need to submit to prove that I have health insurance?

In February 2020, the new Public charge rule began to be implemented in the U.S. Adjustment of Status Petitions that were postmarked after February 2020 have to include a new I-944 form, Declaration of Self-Sufficiency. One section on the new…
December 11, 2020
I was born in the United States as the child of a foreign diplomatic officer. Do I get U.S. citizenship at birth? If not, how can I become a U.S. citizen? Immigration

I was born in the United States as the child of a foreign diplomatic officer. Do I get U.S. citizenship at birth? If not, how can I become a U.S. citizen?

In short, no -- a child born in the United States to a foreign diplomatic officer does not receive U.S. citizenship at birth. However, many employees of foreign governments -- including consular officials -- are not considered “foreign diplomatic officers”…
December 9, 2020
Our company is thinking about hiring a TN visa applicant. What requirements would hiring a TN visa applicant place on our company, if any? ImmigrationTN Visa

Our company is thinking about hiring a TN visa applicant. What requirements would hiring a TN visa applicant place on our company, if any?

What are the obligations placed on the TN employer? The Trade National, or “TN,” visa is an excellent option for Canadian or Mexican nationals in specific occupations to temporarily work for an employer in the United States. The visa is…
December 8, 2020
DC Court of Appeals Upholds Landmark Decision to Apply Unsecured Loans as Investment Capital EB-5 VisaImmigrationInvestor 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…
November 18, 2020
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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? Extraordinary AbilityImmigrationWhite 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…
November 17, 2020
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What impact will a Biden/Harris administration have on current immigration policy? Deportation & Humanitarian ImmigrationH-1B and E-3 VisaImmigrationWhite 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…
November 9, 2020
Joe Biden Elected as the 46th President of the United States. A Lookback at Some of the Immigration Changes in the Last Four Years White House & President Immigration News

Joe Biden Elected as the 46th President of the United States. A Lookback at Some of the Immigration Changes in the Last Four Years

On Saturday, President-Elect Joe Biden has been projected to become the next President of the United States. Confirmation of the vote total will come later this month and the inauguration will happen on January 20, 2021. In the past four…
November 9, 2020
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? ImmigrationL-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…
October 26, 2020
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