The requirements of the Form I-864 typically prevent a minor U.S. citizen from sponsoring their spouse for a green card.
Khadija DerrickAugust 6, 2021
We just had a National Interest Exception Application approved at the CBP office at the Atlanta International Airport for an E-2 spouse and E-2 child who are nationals of the UK. Please see more about the National Interest Exception when you…
Jenny ZhanJanuary 4, 2021
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
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
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…
Jenny ZhanJuly 28, 2020
The O-1 visa nonimmigrant visa is for individuals who possesses extraordinary ability in certain fields. For more information about O-1 visa petitions, please click here. The O-2 nonimmigrant visa is for accompanying aliens who are coming temporarily to the United States solely to assist…
Jenny ZhanJuly 2, 2020
Let’s analyze the following scenario: you came to the U.S. on a B-1 visa and filed a Change of Status application with USCIS asking to change your status to an E-2. Your spouse is currently outside the U.S. and would…
Jenny ZhanJuly 1, 2020
Due to the coronavirus outbreak, many of our clients ask us the following question: Can I apply for unemployment benefits? If I apply for unemployment benefits, will the government determine that I am likely to become a public charge? Let’s…
Jenny ZhanMarch 25, 2020
We just had an E-2 spousal visa approval at the U.S. Consulate in Islamabad, Pakistan. The E-2 employee visa was approved in 2019 and the E-2 employee qualified under the executive employee category. The E-2 business is based in New Jersey and is an…
Jenny ZhanMarch 10, 2020
Let’s analyze the following scenario: your parent is a U.S. citizen, you are older than 21, and your U.S. citizen parent wants to sponsor you for a green card under the F3 family based preference category. The question we often…
Jenny ZhanMarch 10, 2020
Spouses of E-2 Investors or E-2 employees can apply for a Work Authorization Card (EAD card). What is the automatic 180 day extension? Aliens that are in the U.S. in certain immigrant/non-immigrant categories can get an automatic 180 day extension…
Jenny ZhanJanuary 27, 2020
If you are currently in the U.S. on a non-immigrant visa, your spouse may be able to work in the U.S. This article will discuss which spouses of non-immigrant visa holders are/are not authorized to work in the U.S. This…
Jenny ZhanOctober 14, 2019
The Department of Homeland Security has announced that the proposed regulation to rescind the H-4 employment authorization program is not likely to be published until Spring 2020, and that even this estimate is “aspirational”. For more information please click here and here. This…
Jenny ZhanSeptember 20, 2019
The Department of Homeland Security’s proposal to terminate the H-4 employment authorization program is still under review with the Office of Management and Budget. DHS sent the proposed rule to the OMB for review in February. Typically, proposed rules clear…
Jenny ZhanSeptember 11, 2019
USCIS have announced today that it has began to accelerate USCIS’ transition into a digital business model. Starting today, Form I-539, Application to Extend/Change Nonimmigrant Status can now be filed online. Form I-539 is primarily used for dependents of nonimmigrant…
Jenny ZhanMay 22, 2019
The Department of Homeland Security has submitted a proposal to rescind the H-4 spousal work authorization regulation to the Office of Management and Budget (OMB) for review. The rule was originally implemented in 2015 under the Obama Administration, permitted certain…
Jenny ZhanFebruary 21, 2019
If you were married or had children at the time your green card application was approved and your spouse or children did not apply for their green cards at that time, they may still be eligible for follow-to-join benefits to…
Jenny ZhanJanuary 16, 2019
Scott Legal just had an E-2 visa approved for a spouse at the U.S. Consulate in Toronto. Even if not a Canadian resident, a spouse of an E-2 visa holder can go to the U.S. Consulate in Toronto (or other…
Jenny ZhanJune 26, 2018
In a letter dated April 4, 2018, The Director of USCIS Francis Cissna confirmed to the U.S. Senate Judiciary Committee that the proposal to end H-4 worker’s authorization moves closer to completion. The H-4 work authorization visa (H-4 EAD) was…
Jenny ZhanMay 24, 2018
Does My Spouse have to Apply for an E-2 Visa at the Same Time as Me? Can my Spouse Apply for an E-2 Visa Later? When a primary applicant is granted an E-2 visa, the spouse and children under 21…
IanScottJune 26, 2017
The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. Spouses and children of H-1B visa holders may accompany their family member to the U.S. in H-4 status, however H-4 dependent spouses of…
IanScottOctober 12, 2016
An E-2 Investor Visa is a visa option available to foreign nationals who want to start and manage a business in the United States. The visa requires a capital investment to either start or purchase a business and the amount…
IanScottSeptember 1, 2014
