unlawful presence | Scott Legal, P.C.

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

Immigration

My passport will expire in a few months. Will that affect my ability to be issued a visa at the consulate, or my ability to enter the U.S.? Will it impact an extension of status petition with USCIS?

I am outside the U.S. and planning to enter. For how long must my passport be valid? In general, for admission to the U.S., the nonimmigrant must present a passport that is valid until at least 6 months beyond the…

Jenny ZhanJanuary 21, 2021

Deportation & Humanitarian Immigration Immigration

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

Jenny ZhanSeptember 22, 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

Immigration

I filed a change of status/extension of status petition. Can I stay in the U.S. while the petition is pending? What is unlawful presence?

If you are in the U.S. on a non-immigrant visa and you filed a change of status (“COS”) or an extension of status (“EOS”) petition, you may be wondering if you can stay in the U.S. while the petition is…

Jenny ZhanMay 26, 2020

Immigration Immigration Law Changes & New Law

Permanent Injunction on Unlawful Presence Rule for Students and Exchange Visitors

On February 6, 2020, a federal district judge has issued a permanent injunction to prevent USCIS from implementing the May 2018 Unlawful Presence Rule for students and exchange visitors. On May 18, 2018, USCIS issued a memorandum announcing that it…

Jenny ZhanFebruary 19, 2020

Immigration Immigration Law Changes & New Law Visa Waivers

Preliminary Injunction Issued on August 2018 Unlawful Presence Memorandum for F, J, and M Visa Holders

On May 18, 2018, USCIS issued a memorandum announcing that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to maintain their F, J, or M visitor status. For the information on the…

Jenny ZhanMay 7, 2019

Deportation & Humanitarian Immigration Immigration Immigration Law Changes & New Law

USCIS Issues Revised Guidance on Unlawful Presence for F, J, and M Nonimmigrants

On May 18, 2018, USCIS issued a policy memorandum announcing that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to maintain their F, J, or M visitor status. To learn more about…

Jenny ZhanAugust 10, 2018

Immigration

Changes in Unlawful Presence Rules for Students and Exchange Visitors

In a policy memorandum issued on May 18, 2018, USCIS has announced that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to maintain their F, J, or M visitor status. Unlawful presence…

Jenny ZhanJune 5, 2018

Immigration

What is the Diversity Lottery? When does the Diversity Lottery open? Can I apply for the Diversity Lottery if I am in the U.S. without status?

The Diversity Lottery is a program that provides green cards for people from countries with historically low rates of immigration through a lottery system. 50,000 green cards will be awarded for Fiscal Year 2018 (which begins on October 2017), and…

IanScottSeptember 16, 2016

unlawful presence | Scott Legal, P.C.

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

My passport will expire in a few months. Will that affect my ability to be issued a visa at the consulate, or my ability to enter the U.S.? Will it impact an extension of status petition with USCIS?

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

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

I filed a change of status/extension of status petition. Can I stay in the U.S. while the petition is pending? What is unlawful presence?

Permanent Injunction on Unlawful Presence Rule for Students and Exchange Visitors

Preliminary Injunction Issued on August 2018 Unlawful Presence Memorandum for F, J, and M Visa Holders

USCIS Issues Revised Guidance on Unlawful Presence for F, J, and M Nonimmigrants

Changes in Unlawful Presence Rules for Students and Exchange Visitors

What is the Diversity Lottery? When does the Diversity Lottery open? Can I apply for the Diversity Lottery if I am in the U.S. without status?

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