processing | Scott Legal, P.C.

COVID-19 E-2 Visa Immigration Investor Visas

Are Consulates Issuing E-2 Visas or are they Paused for Covid-19?

In light of the consular uncertainty and delays caused by the Covid-19 pandemic, a common question we receive is whether consulates are again processing E-2 visas. Fortunately, the answer is yes -- consulates have generally returned to processing E-2 visas,…

Khadija DerrickMarch 12, 2021

Immigration

What is consular nonreviewability? Does it mean that I cannot sue a consulate that has failed to act or is taking an unreasonably long time to decide my immigration petition?

In spite of a doctrine in immigration law that courts do not review consular officers’ immigration decisions, courts are able and willing to compel consulates to make a decision when they have failed to. As a result, you can sue…

Vojo VrchakovskiFebruary 10, 2021

Immigration Immigration Litigation

I am still waiting for the government to decide my immigration petition, can I sue?

When the government has unreasonably delayed a decision on an immigration petition, one option to force the government to act is to sue. The specific name for this legal action is a “mandamus.” You can read more about mandamus actions…

Jenny ZhanFebruary 8, 2021

COVID-19

Coronavirus Update: FY 2021 H-1B Cap Petition Processing Will be Delayed Due to the Coronavirus

USCIS has announced on April 13 that due to the Coronavirus outbreak and for health and safety reasons, they will not begin to perform intake processing on selected FY 2021 H-1B cap cases until May 1, 2020. Only applicants who…

Jenny ZhanApril 14, 2020

Family Immigration Immigration

Consular Processing: Applying for a Green Card While Out of the U.S.

When applying for a green card, you will either adjust status or obtain the green card through Consular processing. If you are in the United States, you will normally apply by filing an I-485 petition with USCIS to adjust your…

IanScottSeptember 19, 2015