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I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime? Immigration

I am waiting for my change of status petition to be approved. Can I travel outside the U.S. in the meantime?

No, in general we discourage travel outside the U.S. while a change of status petition is pending. Travel Outside the U.S. While Change of Status Petition Is Pending An individual who has status under one nonimmigrant visa category can change…
October 15, 2020
What is the current state of the presidential proclamation regarding L visas? Will I be eligible to apply for an L-1 visa in 2021? ImmigrationL-1 Visa

What is the current state of the presidential proclamation regarding L visas? Will I be eligible to apply for an L-1 visa in 2021?

On June 22, 2020, the issuance of Presidential Proclamation 10052 suspended the entry of people in the following visa categories through December 31, 2020: H-1B, H-2B, J (applying to interns, trainees, teachers, camp counselors, au pairs, or summer work travel…
October 15, 2020
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The October Visa Bulletin showed that green cards are available in the EB-3 category sooner than in the EB-2 category. I have an approved I-140 petition in the EB-2 category. Can I “downgrade” to an EB-3 to take advantage of the availability of visas? Immigration

The October Visa Bulletin showed that green cards are available in the EB-3 category sooner than in the EB-2 category. I have an approved I-140 petition in the EB-2 category. Can I “downgrade” to an EB-3 to take advantage of the availability of visas?

As explained in a separate blog post found here, the October 2020 Visa Bulletin generally saw significant forward movement on visa availability. The October Bulletin also showed that lower-preference employment categories (for example, the EB-3 category) are able to receive…
October 12, 2020
The government is taking a very long time to decide my immigration petition, in spite of my efforts. What are my options? Can I sue the government to force them to take action? Immigration

The government is taking a very long time to decide my immigration petition, in spite of my efforts. What are my options? Can I sue the government to force them to take action?

Yes, when the government has unreasonably delayed a decision on an immigration petition, you can sue to force the government to act. The specific name for this legal action is a mandamus. What is a “mandamus” action? Mandamus is a…
October 9, 2020
I filed a green card application. Should I apply for an Advance Parole and Employment authorization card? Family ImmigrationImmigration

I filed a green card application. Should I apply for an Advance Parole and Employment authorization card?

If you are filing an Adjustment of Status application (either because a family member sponsored you or based on employment based petition), you may be wondering whether you should apply for a travel and work authorization and whether you should…
October 8, 2020
Can I come to the U.S. from Canada during Covid? Should I fly or should I enter the U.S. by a car? Can I come to the U.S. as a tourist during Covid? COVID-19

Can I come to the U.S. from Canada during Covid? Should I fly or should I enter the U.S. by a car? Can I come to the U.S. as a tourist during Covid?

We have received many questions from of our clients who are Canadians and who want to come to the U.S. for recreation/to visit their families. during the Covid-19 pandemic. Travelling via land border As of the time of writing this…
October 8, 2020
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L-1B Change of Status Approval with U.S. Citizenship & Immigration Services for a Q-Grader working for a Coffee Wholesaler 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…
September 29, 2020
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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? Family ImmigrationImmigration

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…
September 28, 2020
Are the presidential proclamations restricting entry to the U.S. from certain countries still in effect? When will the travel restrictions be lifted? 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…
September 23, 2020
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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? 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…
September 22, 2020
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Potential options for noncitizens subject to permanent bar based on unlawful presence. Deportation & Humanitarian ImmigrationImmigration

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…
September 22, 2020
Is USCIS conducting green card interviews during Covid-19? Can my green card interview be waived? 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…
September 21, 2020
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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.? 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…
September 17, 2020
I filed my extension of status application late – after my status already expired. Will my application be automatically denied? What should I do? Immigration

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.…
September 17, 2020
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