united states | | Scott Legal, P.C.

Approvals

L-1B Change of Status Approval with U.S. Citizenship & Immigration Services for a Q-Grader working for a Coffee Wholesaler

We just had an L-1B approval with U.S. Citizenship & Immigration Services. The applicant was granted L-1B status for 3 years and the business is a coffee wholesaler. The applicant is a Q-Grader. Q-Graders are specialized and credentialed professionals who…

Jenny ZhanSeptember 29, 2020

Family Immigration Immigration

I filed a family based Adjustment of Status. Where and how will my application be processed? What is USCIS Chicago Lockbox? What is National Benefits Center?

If you recently filed a family based Adjustment of Status application, you may be wondering how and where will your green card application be processed. Please note that you can adjust your status if you are either an immediate relative…

Jenny ZhanSeptember 28, 2020

E-2 Visa Immigration L-1 Visa

I am an employer and I want to transfer several employees to the U.S. Is the L-1 visa a good option? Is the E-2 visa a good option?

Sometimes employers are faced with the need to transfer many employees from abroad to the United States within a short time frame. For example, a manufacturing company may take on a project that requires engineers or designers with a specific…

Jenny ZhanSeptember 28, 2020

Covid 19

Are the presidential proclamations restricting entry to the U.S. from certain countries still in effect? When will the travel restrictions be lifted?

Our clients often ask us/they are confused whether the Presidential proclamations suspending entry to the U.S. to travelers coming to the U.S. from certain countries are still in effect. The short answer is yes. As of August 31, 2020, if…

Jenny ZhanSeptember 23, 2020

L-1 Visa

I am a Canadian national, can I apply for an L-1 at the border? Can I renew my L-1 at the border?

The L-1 visa is a great option for companies that want to transfer employees in managerial, executive or specialized knowledge roles from a foreign company abroad to a US company with which it has a qualifying relationship. For most applicants,…

Jenny ZhanSeptember 23, 2020

Immigration Immigration Law Changes & New Law

USCIS will resume Applying New Public Charge Rule with Applications

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…

Jenny ZhanSeptember 23, 2020

Covid 19

Can I study in the U.S. during Corona virus? Can I apply for an F-1 visa? Can I take online classes only if I am in the U.S. on F-1 visa?

The Covid-19 crisis has disrupted all aspects of daily life. With both borders and Consulates closed, travel to and from the U.S. can be difficult. One category that is affected by the Covid-19 crisis are students. When the Covid-19 crisis began back in the…

Jenny ZhanSeptember 22, 2020

Deportation & Humanitarian Immigration

Potential options for noncitizens subject to permanent bar based on unlawful presence.

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

Covid 19

Is USCIS conducting green card interviews during Covid-19? Can my green card interview be waived?

On June 4, 2020 certain USCIS field offices started resuming non-emergency in person appointments. USCIS indicated on its website that the particular USCIS field office that is processing your green card application will send you an interview notice or re-scheduling…

Jenny ZhanSeptember 21, 2020

Covid 19

DHS Lifts Airport Restrictions for Travelers Exempt from COVID Travel Bans

Back in January, the Department of Homeland Security restricted airplane travel from countries that are on the restricted travel list to one of 15 airports in the United States. Starting on September 14, 2020, travelers that are exempt from the…

Jenny ZhanSeptember 17, 2020

Covid 19

I am a U.S. citizen/green card holder and my family wants to come to the U.S. Can my family come visit me if they are subject to the travel ban to the U.S.?

The Covid-19 crisis has caused large disruptions in daily life and created significant difficulties for international travel. Many of our clients who are U.S. citizens or green card holders ask us if their family that is abroad can come to…

Jenny ZhanSeptember 17, 2020

E-2 Visa Investor Visas

My E-2 investor application was submitted to USCIS. What are the next steps?

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…

Jenny ZhanSeptember 17, 2020

E-1 Visa E-2 Visa

I filed my extension of status application late – after my status already expired. Will my application be automatically denied? What should I do?

If you are in the United States and decide you want to stay for a longer time than you were given when you entered, you can apply to extend your status by filing an Application to Extend Nonimmigrant Status with the USCIS.…

Jenny ZhanSeptember 17, 2020

Covid 19

Can I apply for an ESTA during Covid?

If you are a citizen of a country that is part of the Visa Waiver Program, you can come to the United States without obtaining a visa from a U.S. Consulate. However, you still have to apply for authorization to travel to…

Jenny ZhanSeptember 17, 2020

Covid 19

My National Interest Exception Application was approved. What will serve as an evidence that it was approved? What documents should I have with me when travelling to the U.S.?

In July 2020, the Department of State announced that certain business and student travelers coming from Schengen countries or the U.K. (such as B-1 business visitors), treaty traders, or treaty investors may apply for a National Interest Exception (“NIE”). The NIE allows such…

Jenny ZhanSeptember 17, 2020

Family Immigration

I entered the US without status 20 years ago but I have family members that have served in the US military. Does this qualify me for a Green Card?

Having a military family member does not automatically qualify a noncitizen for a green card, but the military family member can potentially lead to an easier path in obtaining a green card. In most green card cases, a noncitizen must…

Jenny ZhanSeptember 17, 2020

Covid 19

Coronavirus Update: ICE Extends Form I-9 Compliance Procedures during COVID-19 Pandemic

ICE has announced that it is extending its relaxed I-9 employment verification procedures until November 19, 2020. In normal times, when an employee starts at a company, companies are obligated to completes the I-9 Employment Eligibility Verification. This verification is mandatory…

Jenny ZhanSeptember 16, 2020

Approvals

E-2 Investor Visa & National Interest Exception approval for a dog grooming business at the U.S. Consulate in London

We just had an E-2 investor visa approval at the U.S. Consulate in London. The business is a dog grooming store located in Utah. Due to the current Presidential Proclamation restricting travel to the U.S. for individuals in the Schengen region and the United…

Jenny ZhanSeptember 10, 2020

Covid 19

I am in the U.S. on an E-2 visa and want to travel to Europe for vacation. Can I apply for a NIE while I am in the U.S.? Can I apply for a NIE once I am in Europe?

Jenny ZhanSeptember 10, 2020

Covid 19

Are the U.S. Consulates processing E-2 visa applications? Are the U.S. Consulates conducting E-2 visa interviews?

Many of our clients often ask us whether the U.S. abroad are open, whether they are processing visa applications, and how long it takes to get an E-2 interview. In March 2020, the Department of State suspended routine visa services…

Jenny ZhanSeptember 10, 2020

Covid 19

My National Interest Exception application was denied. Will this affect my visa application in the future?

Jenny ZhanSeptember 10, 2020

E-1 Visa

Can my E-1 visa renewal Interview be waived?

An E-1 visa can be issued for up to 5 years, and after that it must be renewed. The renewal process usually involves showing that substantial trade still exists between the U.S. and the Treaty country. You can find some…

Jenny ZhanSeptember 9, 2020

Covid 19

Can I apply for a National Interest Exception at the port of entry? What is the procedure of applying for the NIE at the port of entry?

In July 2020, the Department of State announced that certain business and student travelers coming from Schengen countries or the U.K. and Ireland (such as B-1 business visitors), treaty traders, or treaty investors may apply for a National Interest Exception (“NIE”). The NIE allows such…

Jenny ZhanSeptember 9, 2020

H-1B Visa L-1 Visa

I am an employee and my company has offered to sponsor me for an L-1 or H-1B visa. Which visa is the best option?

If you are working for a company abroad and you are given the option to transfer to the U.S., questions may arise as to which visa option is best for you. Usually your company will have a particular visa in…

Jenny ZhanSeptember 8, 2020

Approvals

National Interest Exception Application approved at the CBP office at Newark airport

We just had a National Interest Exception Application approved at the CBP office at Newark airport. The approval was for a B-1 business visitor who is a national of Germany. The CBP office approved the application in one business day.…

Jenny ZhanSeptember 3, 2020

Approvals

National Interest Exception Application approved at the CBP office at Newark airport

We just had a National Interest Exception Application approved at the CBP office at Newark airport. The approval was for a B-1 business visitor who is a national of the UK. The CBP office approved the application in one business…

Jenny ZhanSeptember 3, 2020

E-2 Visa L-1 Visa

I am an employer and I want to transfer several employees to the U.S. Is the L-1 visa a good option? Is the E-2 visa a good option?

Jenny ZhanSeptember 2, 2020

E-2 Visa Investor Visas

Can 2 investors get an E-2 Visa for the same Company? Can we get 2 E-2 visas?

An E-2 visa can be a great visa option for an investor who wants to buy or start a business. You can find out more about the E-2 visa requirements by clicking here. In many cases, only one investor exists,…

Jenny ZhanSeptember 2, 2020

E-2 Visa

National Interest Exception Application approved at the U.S. Consulate in Belgium

We just had a National Interest Exception Application approved for a national of Belgium at the U.S. Consulate in Belgium. The approval was for a B-1 business visitor. The Consulate approved the application in 2 business days. Please see more…

Jenny ZhanSeptember 1, 2020

Questions & Answers

I am a Canadian Citizen. Do I qualify for the NEXUS program? What are the advantages of the NEXUS program?

What is the NEXUS program? NEXUS program is one of the Trusted Travel Programs – these programs allow pre-screened travelers to use Global Entry kiosks when entering the U.S. through Canadian pre-clearance airports or expedited NEXUS lanes when crossing the…

Jenny ZhanSeptember 1, 2020

Covid 19

I am in the U.S. on an E-2 visa and I need to travel to Europe. Do the travel restrictions apply to me? Will I be able to enter the U.S. if I leave?

An E-2 visa is a great option if you want to start a business in the U.S., you have invested or are in the process of investing a substantial amount of money in the U.S., and you plan to hire U.S. workers.…

Jenny ZhanSeptember 1, 2020

Family Immigration Immigration

Dealing with the unlawful presence bars when applying for a green card through the adjustment of status process.

I am from Peru and live in the United States with status under Deferred Action for Childhood Arrivals, (DACA) which I obtained 8 years ago when I was 20 years old. I married a United States citizen last year and…

Jenny ZhanSeptember 1, 2020

News

Ian E. Scott sits on AILA panel discussing E-2 Visa and Green Card Options

Scott Legal PC’s founding manager Ian Scott will sit on the AILA Midsouth Virtual conference to speak about Green Card Options for Entrepreneurs and general E-2 visa requirements and issues. The Treaty Trader (E-1) and Treaty Investor (E-2) visa categories…

Jenny ZhanAugust 28, 2020

Family Immigration H-1B Visa Immigration

What is advance parole? When would I need to apply for advance parole?

If you are applying for a green card either through a family or employment basis, it may take several months (or even years, depending on your basis for filing the green card application) for USCIS to adjudicate your Adjustment of…

Jenny ZhanAugust 27, 2020

Covid 19 News

USCIS Avoids Furlough of 70% of their Employees

USCIS has announced that its has avoided the furlough of 70% of their employees, originally scheduled to occur on August 30. Since March, USCIS has seen a 50% drop in receipts and incoming fees and estimates that application and petition receipts…

Jenny ZhanAugust 26, 2020

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