While in the U.S., you may need to change your status to a student F-1 visa from another non-immigrant visa in order to extend your stay. Because of a common misunderstanding that adjusting to a student visa requires only financial evidence and an I-20 form, it is important to understand that F-1 applicants are put under closer scrutiny by USCIS and that many of these cases are rejected. The most attractive aspect of changing your status to that of a student is that there is no time limit on your stay in the U.S., as long as you maintain a […]
Because of a common misunderstanding that adjusting to a student visa requires only financial evidence and an I-20 form, it is important to understand that F-1 applicants are put under closer scrutiny by USCIS and that many of these cases are rejected.
Following an executive order by President Biden, foreign entrepreneurs are now able to gain authorized stay in the U.S. through International Entreprenur Parole, or IEP. This rule applies to those who begin a business and create jobs. Though commonly known as the foreign entrepreneur visa or the start-up visa, IEP should most accurately be understood not as a visa, but as a grant of parole to allow entrepreneurs to work, and operate a start-up, in the U.S. Requirements to receive IEP are as follows. First, Entrepreneurs must have started a business venture in the U.S. within five years of applying. […]
Once the selection period for an H-1B visa ends, if you have not received any results, it may be time to consider an alternative route. The O-1 visa is one that may be a possible substitute for H1B hopefuls. Commonly called the “Artist visa,” the O-1 visa is not necessarily limited to a fixed number of fields and can apply to any individual with extraordinary abilities. Any person who can demonstrate they are an individual possessing extraordinary achievements in the arts, athletics or design can apply for an O-1 visa. The visa can also be issued to those who can […]
If you are living in the U.S. without documentation or a visa, in most cases it is not possible to apply for permanent residency. You may be able to receive a green card through a spouse with citizenship or your adult child if you are without status, but if you are applying after having committed immigration violations in the past, then you will need to request a I-601 waiver first. Unlike the I-601A waiver, which applies to applicants who are in the U.S. unlawfully, the I-601 waiver for grounds of inadmissibility is for those who in the past entered the […]
At times, no action is taken by the USCIS on applications for green cards or citizenship for years. In cases in which USCIS provides no answers or updates, it is possible to file a writ of mandamus, a federal lawsuit to force the agency to take action. To file a writ of mandamus, you must meet four conditions. One, you must have a lawful right to the request. Two, the USCIS must have a clear duty to perform the action ordered. Three, you must not have any other options available. Four, the processing time for your case must be unreasonably […]
Starting October 1, 2022, which marks the beginning of the 2023 fiscal year, country quotas on employment-based green cards are expected to be eliminated.
Recently, cases that fall under the Bridge Gap Policy have been closely screened. If you are looking to change your status to the F-1 visa, it’s strongly recommended that you speak with a lawyer before proceeding.
The DACA program, which defers action for undocumented youths, has been reinstated to its pre-Trump administration form. The program is back to accepting new applicants, issuing two-year work authorization and allowing recipients to apply for advance parole for overseas travel.
In an immigration interview, attorneys take on the role of witness and observer. If a legal question is asked, attorneys are able to jump in to discuss with the immigration officer.
Biden’s approach on immigration is different. He sees America as a nation of immigrants, and believes immigrants form the backbone not only of American culture, but of its economy and labor forces. If his policies stem from these beliefs, we can expect an improvement in the way America views immigrants and their role as members of American society.
Be sure to check our website for recent immigration news and updates.
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