united states | Scott Legal, P.C.

Immigration

Public Charge Rule Eliminated

The Biden Administration announced that it will no longer defend the 2019 public charge rule in court. The rule went through many different lawsuits, causing constant changes in the implementation of the rule, sometimes changing from one day to the…

Jenny ZhanMarch 10, 2021

Deportation & Humanitarian Immigration Immigration

Venezuela Designated for Temporary Protected Status

The Department of Homeland Security has announced that Venezuela has been designed for Temporary Protected Status (TPS) for 18 months, from March 9, 2021 through September 9, 2022. TPS is granted to certain groups of people in the wake of…

Jenny ZhanMarch 9, 2021

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…

Jenny ZhanMarch 5, 2021

EB-5 Visa Immigration Investor 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…

Jenny ZhanMarch 4, 2021

Immigration Immigration 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…

Jenny ZhanFebruary 26, 2021

Immigration

Eb-1a Green Card: Questions and Answers

The EB-1A is an employment-based green card for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. Here are some common questions and answers about the Eb-1a green card: Do I have to have an O-1 visa first…

Jenny ZhanFebruary 26, 2021

Immigration National 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…

Jenny ZhanFebruary 25, 2021

Immigration National Interest Waiver

What role do expert letters play in a National Interest Waiver Application?

Expert letters are an important part of a National Interest Waiver application, as they can be used to discuss the applicant’s professional history and success, as well as explain the substantial merit and national importance of the proposed endeavor. It…

Jenny ZhanFebruary 25, 2021

Family Immigration Immigration

President Biden Signs Executive Order to Overturn Immigrant Visa Ban

On April 23, 2020, the former president suspended the entry of certain employment and family-based green cards for 60 days. This proclamation was originally signed on April 22, 2020 (and was valid for 60 days), and President Trump later extended…

Jenny ZhanFebruary 25, 2021

Immigration

What is the Eb-1a green card application process? How long does it take to get an Eb-1a green card?

To qualify for the EB-1A Green Card, you will need to prove that you are one of the small percentage of people who have risen to the very top of your field. To prove that you qualify for the Eb-1A green card,…

Jenny ZhanFebruary 24, 2021

H-1B and E-3 Visa Immigration

USCIS Announces Expansion of Premium Processing Services to E-3 Visas

USCIS announced today that it has expanded premium processing services to include E-3 visa applications. Premium processing guarantees that USCIS will take adjudicative action on the application within 15 days. If USCIS fails to do so, the agency will return…

Jenny ZhanFebruary 24, 2021

Immigration National 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…

Jenny ZhanFebruary 23, 2021

Immigration National 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…

Jenny ZhanFebruary 23, 2021

E-2 Visa Extraordinary Ability Immigration Investor Visas

What are Some Visa and Green Card Options for Entrepreneurs & Investors?

The U.S. is the land of opportunity and the perfect place for entrepreneurs to realize their dream. If you want to start and run a business in the U.S., or if you want to purchase and manage an already existing business…

Jenny ZhanFebruary 23, 2021

Immigration

I just received a green card. Do I need to keep track of all my international trips?

A “green card” or permanent resident card is a document that shows a that a person can stay in the U.S. and work here in almost any capacity. One is eligible to apply for permanent residence/green card through certain family…

Jenny ZhanFebruary 22, 2021

Immigration

USCIS Reverts to 2008 Version of Naturalization Civics Test

USCIS has announced that they will revert back to the 2008 version of the naturalization civics test. On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update…

Jenny ZhanFebruary 22, 2021

Immigration L-1 Visa

Can I bring my family to the U.S. on my L-1 visa? What is L-2 visa?

An L-1A visa is a great visa for an employee or owner of a company abroad who wants to transfer to a U.S. office or open a new office in the United States. When thinking about applying for an L-1 visa, you…

Jenny ZhanFebruary 22, 2021

Immigration White 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…

Jenny ZhanFebruary 19, 2021

Family Immigration Immigration Visa Waivers

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 ZhanFebruary 18, 2021

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…

Jenny ZhanFebruary 18, 2021

Immigration L-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…

Vojo VrchakovskiFebruary 16, 2021

Deportation & Humanitarian Immigration Family Immigration Immigration

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…

Vojo VrchakovskiFebruary 16, 2021

Immigration L-1 Visa

What is the process to apply for an L-1 visa?

The L-1A visa can be used by companies abroad to transfer managers or executives to the U.S. to work at an established U.S. company or branch office or to form a new office. The U.S. company or branch office must…

Vojo VrchakovskiFebruary 12, 2021

Immigration

How past marijuana related convictions can affect Legal Permanent Residents of the United States

I am a Legal Permanent Resident living in the US for 10 years. Last year I was convicted of a marijuana related offense. Will this conviction affect my green card status? Marijuana is a controlled substance under federal law which…

Vojo VrchakovskiFebruary 11, 2021

E-2 Visa Immigration Investor Visas

Can I own a Company in the U.S. without a Visa? Can I own another company while on an E-2 visa?

If you are in the U.S. on a visa, you are only permitted to engage in activities consistent with that visa. We often think of visas as containing a bundle of rights, and you only have the right to do…

Vojo VrchakovskiFebruary 11, 2021

united states | Scott Legal, P.C.

Public Charge Rule Eliminated

Venezuela Designated for Temporary Protected Status

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

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

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?

Eb-1a Green Card: Questions and Answers

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?

What role do expert letters play in a National Interest Waiver Application?

President Biden Signs Executive Order to Overturn Immigrant Visa Ban

What is the Eb-1a green card application process? How long does it take to get an Eb-1a green card?

USCIS Announces Expansion of Premium Processing Services to E-3 Visas

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

Bypassing the Labor Certification Application for Professional Nurses and Physical Therapists

What are Some Visa and Green Card Options for Entrepreneurs & Investors?

I just received a green card. Do I need to keep track of all my international trips?

USCIS Reverts to 2008 Version of Naturalization Civics Test

Can I bring my family to the U.S. on my L-1 visa? What is L-2 visa?

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

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

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?

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?

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

What is the process to apply for an L-1 visa?

How past marijuana related convictions can affect Legal Permanent Residents of the United States

Can I own a Company in the U.S. without a Visa? Can I own another company while on an E-2 visa?

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