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…
What is the Visa Bulletin? The U.S. government provides the Visa Bulletin to keep track of visa numbers and to give you a tool to determine when you can file your green card petition and when it can be approved.…
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…
In the September 2020 visa bulletin, there is little movement in most employment visa categories. In EB-1, China and India advanced three months to June 1, 2018. EB-2 for China has advanced 6 weeks to March 1, 2016 and India…
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.…
An E-2 visa is a great option if you want to start a business in the U.S., you have invested a substantial amount of money in the U.S. or you are in the processing of investing the money, and you plan to…
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…
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,…
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…
Yes. A lawyer in good standing who is licensed in any of the 50 U.S. states is permitted to practice U.S. immigration law in any state. Where is this stated in the law? Federal regulations explicitly state that an individual…
In the September 2020 visa bulletin, there is little movement in most employment visa categories. In EB-1, China and India advanced three weeks to March 1, 2018. EB-2 for China has remained at January 15, 2016 and India has remained…
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…
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…
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…
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…
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 ever thought about starting or purchasing a business in the United States an EB-5 Investor Visa…
In the August 2020 visa bulletin, there is significant advances in most employment visa categories. In EB-1, China advanced almost six months to February 8, 2018, India advanced nine month to February 8, 2018. EB-2 for China advanced two months…
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 an Adjustment of Status application. In the past, while you were in the U.S. on F-1…
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 data analyst. Click on the buttons below in order to claim your free Visa Guide…
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 inadmissibility. A green card applicant is inadmissible based on a public charge ground if he/she is…
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 the very top of your field. To prove that you qualify for the Eb-1A green card,…
When you are applying for a visa at a Consulate, your visa may be approved, but the Consular Officer may also deny your visa application under section 214(b) or 221(g). What is a 214(b) visa denial? If your visa is…
Can a noncitizen with temporary status in the United States be detained by Immigration authorities? Yes, if the noncitizen committed a violation of an Immigration Law that subjects the noncitizen to removal from the United States. Click here for a…
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 relatives or certain other members of your family under the family based preference categories. Let’s analyze…
Removing a noncitizen with no legal status or permission to be present in the United States. A noncitizen can be found to be present in the United States without Legal Status or permission and subject to removal including noncitizens who…
Scott Legal, P.C. keeps up to date on the issues related to the practice areas we specialize in. We also regularly publish articles in this blog so that we can share that information with you. Please feel free to contact us and ask us any questions you have about our posts. Also, please feel free to comment in the comment section and/or share the posts with friends and family on Facebook, Twitter and Linkedin.
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