USCIS | Scott Legal, P.C.

E-2 Approval with USCIS for a company offering motorcycle tours

We just had an E-2 approval with U.S. Citizenship & Immigration Services. The applicant was granted 2 years in E-2 status and the business is a company offering guided motorcycle tours, motorcycle training school, and short term motorcycle rentals. applicant…

Jenny ZhanJanuary 4, 2021

B-1 Change of Status Approval with USCIS

We just had a B-1 Change of status approval with U.S. Citizenship & Immigration Services. The applicants were 3 family members applying for a change of status from TN and TD status to B-1 status. The applicants were nationals of Canada. You…

Jenny ZhanJanuary 4, 2021

Immigration

Do I have to change my address if I move within the U.S.? What is Form AR-11?

What is form AR-11? This is a form you have to file if you move within the U.S. and you are in the U.S. as a green card holder or on a non-immigrant visa status. You can find this form…

Jenny ZhanNovember 16, 2020

Deportation & Humanitarian Immigration

I want to renew my E-2 visa. What will I have to show in my renewal application? Do I have to invest additional money in the business if I am renewing my E-2 visa?

An E-2 visa is a visa classification that is available for foreign nationals who wish to live in the U.S. to develop and direct the operations of a business. The business can be large or small and an E-2 visa…

Jenny ZhanNovember 6, 2020

Extraordinary Ability

New Guidance on O-1 visa classification

On September 17, 2020 USCIS announced that it consolidate policy guidance on the O-1 visa in the USCIS Policy Manual. The USCIS Policy Manual is the agency’s centralized repository for USCIS’ immigration policies. The Policy Guidance on the O-1 visa classification…

Jenny ZhanOctober 26, 2020

I want to apply for asylum, but I don’t know how to tell my story. How do I create the most compelling personal statement in an asylum application?

A few things to keep in mind Before you get started on your personal statement, please keep a few things in mind. First, asylum is a complicated area of law, and it is strongly recommended that you seek assistance from…

Jenny ZhanOctober 21, 2020

New Expanded Premium Processing Services and Increased Costs Effective October 19

USCIS announced today that the new expanded premium processing services will take effect on October 19. Premium processing guarantees that USCIS will take adjudicative action on the application within 15 days. If USCIS fails to do so, the agency will…

Jenny ZhanOctober 16, 2020

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…

Jenny ZhanOctober 15, 2020

Congress Passes Stopgap Spending Measure and Premium Processing Services Expanded

Congress has passed a stopgap spending measure to ensure that the US government and several immigration operations will be extended through to December 11, 2020. The spending measure extended the four expiring immigration programs including the E-Verify, the EB-5 Regional…

Jenny ZhanOctober 9, 2020

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…

Jenny ZhanOctober 9, 2020

News

Judge Blocks USCIS Application Fee Increase

California District Court Judge White has blocked the Department of Homeland Security’s fee increase, originally slated to take effect on October 2, 2020. The October 2 fee increase would have significantly increased the costs for most employment-based applications and other…

Jenny ZhanOctober 5, 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

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-2 Investor Visa approval for a smoothie store in California

We just had an E-2 investor visa approval at USCIS. The business is a smoothie store and is located in California. The investor is a national of Canada and has extensive professional and management experience. USCIS granted the E-2 investor 2…

Jenny ZhanSeptember 9, 2020

Deportation & Humanitarian Immigration

Where should I File my E-2 Visa petition? Why are E-2 visa filings through USCIS rare?

An E-2 visa application must be filed at a Consulate if you are not in the U.S. If you are in the U.S. and did not enter under the Visa Waiver Program (ESTA), you could file an E-2 visa application…

Jenny ZhanSeptember 8, 2020

USCIS Issues Updated DACA Policy

USCIS has announced updated policies regarding adjudicating DACA requests and related work permit applications. The U.S. Supreme Court ruled on June 18 that the Trump Administration failed to provide an adequate justification for terminating the Deferred Action For Childhood Arrivals…

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

Covid 19

What Will Happen if USCIS Furloughs 70 Percent of Their Staff?

USCIS announced that its planning to furlough of 70% of its employees on August 31 unless Congress acts on the agency’s $1.2 billion emergency funding request. Since March, USCIS has seen a 50% drop in receipts and incoming fees and…

Jenny ZhanAugust 21, 2020

Do I have to attend an Interview for my E-2 visa renewal? Can my E-2 visa renewal Interview be waived?

An E-2 visa can be issued for up to 5 years, and after that it must be renewed. The renewal process usually involves submitting documentation that shows that you have hired employees, and that your business will continue to be…

Jenny ZhanAugust 20, 2020

Questions & Answers

Can I study in the U.S. on a B-2 tourist visa?

B-2 visa is a non-immigrant visa for temporary visitors who want to visit the United States for pleasure. Please note that if you qualify for ESTA, you can come to the U.S. as a Visa Waiver Visitor and you do not have to…

Jenny ZhanAugust 17, 2020

USCIS to Increase Application Fees

The Department of Homeland Security has announced new application fees that will take effect on October 2, 2020. This new announcement will increase the application fees for most application types. USCIS is a for profit agency that uses application fees…

Jenny ZhanAugust 10, 2020

B-2 Extension approval for a Cohabitating Parent of a Temporary Worker

We just had an B-2 extension approval with U.S. Citizenship & Immigration services for a cohabitating parent of a temporary worker. Certain family members who are not eligible for dependent visas may be granted B-2 visas and subsequent B-2 extensions…

Jenny ZhanAugust 3, 2020