immigration

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Deportation & Humanitarian Immigration Immigration

DHS will Continue to Accept DACA Renewal Applications

Last November, the Trump Administration requested the Supreme Court to expedite and consolidate review of challenges to its decision to terminate the Deferred Action for Childhood Arrivals (DACA) program. On September 5, 2017, the Trump Administration announced the end of…

Jenny ZhanJanuary 22, 2019

Immigration News

Will the definition of public charge change under the current administration? What does this mean for green card applicants?

On October 10, 2018 a proposed rule was published by the U.S. Department of Homeland Security (“DHS”), which seeks to change the definition of what immigration officers should consider when determining whether a green card applicant is likely to become…

Jenny ZhanJanuary 18, 2019

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Immigration

What is Continuous Residence and Physical Presence? Do I need to satisfy both of them to apply for U.S. citizenship?

Two requirements that you need to satisfy to become a U.S. citizen are continuous residence and physical presence. Even though these requirements may sound very similar, they are very different concepts, and it often happens that a person meets one…

Jenny ZhanJanuary 18, 2019

Immigration News

February 2019 Visa Bulletin: Minor Advances and the Expired EB-5 Program

In the newly released January visa bulletin, EB-2 and EB-3 visas remain current for most countries. EB-2 in China have advanced two months to October 1, 2015 and India advanced 1 week to April 6, 2009. EB-3 for the Philippines…

Jenny ZhanJanuary 14, 2019

Immigration

What is Administrative Processing? What Does Administrative Processing Mean? How long can I Stay in Administrative Processing? Why was I placed in Administrative Processing?

When you apply for a visa (For example, E-2, B-1, H1-B, O-1) at a Consulate, there are several possible outcomes. The visa can be approved, denied (refused), or the application and applicant can be placed in Administrative Processing. What is…

Jenny ZhanJanuary 14, 2019

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Immigration News

Three Weeks into the Government Shutdown: An Update on Immigration Services

We are three weeks into the government shutdown since December 21, 2018 and the following is an update on different immigration agencies and services. Visa Applications Overseas Consulates are still processing visa applications as normal. Consulates and the Department of…

Jenny ZhanJanuary 10, 2019

Immigration

Is there any difference between Change of Status and Adjustment of Status?

In plain language, the phrases ‘change of status’ and ‘adjustment of status’ may sound like they are describing the same process. However, in immigration law there is a fundamental difference between these two procedures. Change of Status When you come…

Jenny ZhanDecember 27, 2018

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Questions & Answers

I want to apply for a B visa, how can I prove that my stay in the U.S. will be temporary?

When you are applying for a B-1 (business) or B-2 (tourist) visa, you are presumed to be an immigrant and you must prove to the satisfaction of the Consular Officer that you will return to your home country at the…

Jenny ZhanDecember 27, 2018

Immigration News

January 2018 Visa Bulletin: Minor Advances for EB-2 and EB-3 for China and India

In the newly released January visa bulletin, EB-2 and EB-3 visas remain current for most countries. EB-2 in China have advanced for one month to August 1, 2015 and India has remained at April 1, 2009. EB-3 for the Philippines…

Jenny ZhanDecember 14, 2018

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Immigration News

Potential Government Shutdown

Congress passed a bill on December 7 that funded the U.S. government until December 21. On or before December 21, Republicans and Democrats have to come to an agreement over many issues and programs that have to be funded for…

Jenny ZhanDecember 12, 2018

EB-5 Visa Immigration Investor Visas

EB-5 Program Extended without Change Until December 21, 2018

On December 7, 2018 Congress has passed a short-term spending bill through until December 21, 2018. The previous extension was passed on September 27, 2018 and extended the government until December 7. This means that the programs that were slotted…

Jenny ZhanDecember 10, 2018

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Approvals

I-140 approval for a Computer Systems Analyst at a Financial Services Staffing Company

We just had an I-140 approval with USCIS for a professional position. The company is a financial services staffing company and the beneficiary is a financial computer systems analyst. Click on the buttons below in order to claim your free…

Jenny ZhanNovember 30, 2018

Approvals

I-140 approval with USCIS for a Senior Recruiter at a Recruitment Company

We just had an I-140 approval with USCIS for a professional position. The company is a recruitment company and the beneficiary is a senior recruiter. We just had an I-140 approval with USCIS for a professional position. The company is a recruitment company…

Jenny ZhanNovember 29, 2018

Immigration News

December 2018 Visa Bulletin: EB-2 and EB-3 Restored to Current for Most Countries

In the newly released December visa bulletin, EB-2 and EB-3 visas for most countries have been restored to current after being regressed for a month in the November bulletin. EB-2 and EB-3 have remained at the same current time, EB-2…

Jenny ZhanNovember 13, 2018

Approvals

Green Card approval for a National Interest Waiver Applicant

We just had a green card approval for an EB-2 National Interest Waiver applicant. The green card was granted without an interview, as the petition was filed prior to March 6, 2017. Under a USCIS policy implemented last year, all…

Jenny ZhanNovember 1, 2018

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Family Immigration Immigration

USCIS Policy Update on Medical Examination and Vaccination Records

USCIS released an updated policy manual regarding the Form I-693, Report of Medical Examination and Vaccination Record. USCIS officers use Form I-693, Report of Medical Examination and Vaccination Record, to determine whether an applicant for an immigration benefit in the…

Jenny ZhanOctober 16, 2018

News

Scott Legal Attends FALL AILA Conference in London and Visits U.S. Consulate

Scott legal was able to attend the fall American Immigration Lawyer Association Conference in London England in October. The conference covered a number of immigration topics as well as data privacy and other topics. The conference included a visit to…

IanScottOctober 14, 2018

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Family Immigration Immigration

USCIS Clarifies Marital Union for Spousal Naturalization Applications

USCIS has updated a policy guidance clarifying the “married” and “living in marital union” requirements for applicants filing for spousal naturalization. In short, the applicant and his or her U.S. citizen spouse must have been living together in marital union…

Jenny ZhanOctober 12, 2018

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Immigration

USCIS to Implement Notice to Appear Policy in Phases

Originally reported on July 10, 2018, USCIS issued a policy memorandum which stated that USCIS will issue Notice to Appear (NTA) to any foreign nationals whose adjustment of status applications are denied. An NTA is a document that is issued…

Jenny ZhanSeptember 27, 2018

EB-5 Visa Immigration Investor Visas

EB-5 Program Extended without Change Until December 7, 2018

On September 27, 2018, the House of Representatives passed H.R. 6157, a FY 2019 appropriations bill funding several federal agencies and containing a continuing resolution to fund the rest of government (including the Department of Homeland Security), through December 7,…

Jenny ZhanSeptember 27, 2018

Immigration

What Is a Congressional Inquiry? Can I Ask My Member of Congress to Submit a Congressional Inquiry about My Immigration Application?

Foreign nationals applying for a green card or another immigration benefit often seek help from their Members of Congress (MOCs) in the U.S. Senate or House of Representatives when USCIS, the federal agency responsible for processing immigration applications, is not…

Jenny ZhanSeptember 17, 2018

Immigration

We Are Hiring! Looking for a Paralegal/Office Assistant

We are looking for a person with 3+ years of office assistant and/or immigration paralegal experience to assist busy attorneys and our legal research analyst. The paralegal will primarily be involved in assisting with the preparation and submission of employment-based…

Jenny ZhanSeptember 13, 2018

Approvals

EB-5 Approval for Chinese National

Scott Legal just had an I-526 approval for a Chinese national. The approval was for a regional center project and the petition was approved without an RFE. The approval timing was less than 12 months. The EB-5 program is one…

Jenny ZhanSeptember 5, 2018

Immigration National Interest Waiver

I Am a Materials Science Engineer – Can I File for a Green Card under the EB-2 NIW Category?

The National Interest Waiver (NIW) is an employment based green card category based on a waiver of the job offer and the labor certification (PERM) process if it is in the national interest of the United States. The NIW falls…

Jenny ZhanJuly 25, 2018

Immigration

We are looking for an Immigration Associate

We are looking for an experienced business immigration associate. The ideal candidate will have a minimum of one year of experience processing immigration petitions. Experience with E-2 Visas, PERM, waivers or family based petitions are a plus. Scott Legal, P.C.…

Jenny ZhanJuly 19, 2018

DHS will Continue to Accept DACA Renewal Applications

Will the definition of public charge change under the current administration? What does this mean for green card applicants?

What is Continuous Residence and Physical Presence? Do I need to satisfy both of them to apply for U.S. citizenship?

February 2019 Visa Bulletin: Minor Advances and the Expired EB-5 Program

What is Administrative Processing? What Does Administrative Processing Mean? How long can I Stay in Administrative Processing? Why was I placed in Administrative Processing?

Three Weeks into the Government Shutdown: An Update on Immigration Services

Is there any difference between Change of Status and Adjustment of Status?

I want to apply for a B visa, how can I prove that my stay in the U.S. will be temporary?

January 2018 Visa Bulletin: Minor Advances for EB-2 and EB-3 for China and India

Potential Government Shutdown

EB-5 Program Extended without Change Until December 21, 2018

I-140 approval for a Computer Systems Analyst at a Financial Services Staffing Company

I-140 approval with USCIS for a Senior Recruiter at a Recruitment Company

December 2018 Visa Bulletin: EB-2 and EB-3 Restored to Current for Most Countries

Green Card approval for a National Interest Waiver Applicant

USCIS Policy Update on Medical Examination and Vaccination Records

Scott Legal Attends FALL AILA Conference in London and Visits U.S. Consulate

USCIS Clarifies Marital Union for Spousal Naturalization Applications

USCIS to Implement Notice to Appear Policy in Phases

EB-5 Program Extended without Change Until December 7, 2018

What Is a Congressional Inquiry? Can I Ask My Member of Congress to Submit a Congressional Inquiry about My Immigration Application?

We Are Hiring! Looking for a Paralegal/Office Assistant

EB-5 Approval for Chinese National

I Am a Materials Science Engineer – Can I File for a Green Card under the EB-2 NIW Category?

We are looking for an Immigration Associate

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