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I am a dual national with a valid U.S. visa in a passport that has expired. Can I use the visa with my other passport, which has not expired? Is it possible to receive the same visa in each of my passports Immigration

I am a dual national with a valid U.S. visa in a passport that has expired. Can I use the visa with my other passport, which has not expired? Is it possible to receive the same visa in each of my passports

Unfortunately, the answer to both questions is no. Background Some countries allow nationals to hold more than one citizenship. For example, an individual born in Colombia might become a dual national by acquiring Swiss citizenship, thereby giving them the option…
March 5, 2021
Can I file a mandamus for my delayed EB-5 application, or must I wait to be beyond the estimated processing times? EB-5 VisaImmigrationInvestor Visas

Can I file a mandamus for my delayed EB-5 application, or must I wait to be beyond the estimated processing times?

As described in an earlier blog post, one option for those who have been waiting an unreasonably long time for the government to adjudicate their immigrant petition is suing USCIS through a mandamus action. Some who are considering this option…
March 4, 2021
I have written a mandamus complaint in response to the government’s unreasonable delay in deciding my immigration petition. What happens now? How is the government likely to respond? ImmigrationImmigration Litigation

I have written a mandamus complaint in response to the government’s unreasonable delay in deciding my immigration petition. What happens now? How is the government likely to respond?

As discussed in an earlier blog post, one option to respond to the government’s unreasonable delay on adjudicating an immigration petition is to sue them through a mandamus action. The first step in doing so is to file a complaint…
February 26, 2021
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What is the process for applying for a National Interest Waiver? How long does it take to obtain a green card through the NIW category? ImmigrationNational Interest Waiver

What is the process for applying for a National Interest Waiver? How long does it take to obtain a green card through the NIW category?

The National Interest Waiver (NIW) is an employment based green card category that permits self-petitioning. The waiver part of the name is based on the fact that this green card is granted based on a waiver of the job offer…
February 25, 2021
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Bypassing the Labor Certification Application for Individuals of Exceptional Ability in the Sciences or Arts, Including College and University Teachers ImmigrationNational Interest Waiver

Bypassing the Labor Certification Application for Individuals of Exceptional Ability in the Sciences or Arts, Including College and University Teachers

Employers looking to hire permanent workers in occupations listed on the U.S. Department of Labor’s Schedule A, including college and university teachers of exceptional ability and individuals of exceptional ability in the sciences or arts, are able to bypass the…
February 23, 2021
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Bypassing the Labor Certification Application for Professional Nurses and Physical Therapists ImmigrationNational Interest Waiver

Bypassing the Labor Certification Application for Professional Nurses and Physical Therapists

Employers looking to hire permanent workers in occupations listed on the U.S. Department of Labor’s Schedule A, including Professional Nurses and Physical Therapists, are able to bypass the time-consuming process of applying for a certified labor certification application through the…
February 23, 2021
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What is included in President Biden’s Immigration Reform Proposal? What does this proposal mean for immigration? ImmigrationWhite House & President Immigration News

What is included in President Biden’s Immigration Reform Proposal? What does this proposal mean for immigration?

On February 18, 2021, President Biden presented a proposal for immigration reform to Congress. The proposal touches upon many areas of immigration law, suggesting reforms for family and employment-based immigration and seeking to provide a pathway to permanent residence and…
February 19, 2021
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I submitted a NIE Request. When should I hear back from the Consulate/CBP? Is it faster to travel to a country that is not on the list of restricted countries and spend 14 days there? COVID-19

I submitted a NIE Request. When should I hear back from the Consulate/CBP? Is it faster to travel to a country that is not on the list of restricted countries and spend 14 days there?

In March 2020, former President Trump issued presidential proclamations that restrict entry to the U.S. to people who: Were physically present in the Schengen Area region during the 14-day period prior to their entry in the U.S. Were physically present…
February 18, 2021
What happens if there are changes to a company abroad after the approval of an L-1 petition? Can L-1 employees continue working in the U.S. if the foreign company that they worked for shuts down? ImmigrationL-1 Visa

What happens if there are changes to a company abroad after the approval of an L-1 petition? Can L-1 employees continue working in the U.S. if the foreign company that they worked for shuts down?

The L-1 visa permits a U.S. employer that has a qualifying relationship with a company abroad to transfer an employee who holds a managerial, executive or specialized knowledge role to one of its offices in the United States.  The employee…
February 16, 2021
Adjustment of Status under the benefit of section 245(i) of the Immigration and Nationality Act. Deportation & Humanitarian ImmigrationFamily ImmigrationImmigration

Adjustment of Status under the benefit of section 245(i) of the Immigration and Nationality Act.

I currently have no legal immigration status in the United States and after years of working with my current employer, my current employer wants to help me obtain my green card. Is it true that I might be able to…
February 16, 2021
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