Immigration Blogs

How to Appeal an Unfavorable Immigration Decision
Immigration Appeals

How to Appeal an Unfavorable Immigration Decision

It is common for individuals to get disheartened when the decision is not ruled in their favor. Most of the time, people think that they have fulfilled all the visa requirements and paid the correct fees, and even then, the immigration decision is not in their favor, so they want to appeal the decision. Typically you can appeal the immigration decision to the Administrative Appeals Office, which hears appeals against the USCIS decisions. In this article, we will explore the brief procedure for appealing the USCIS decisions. 

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Green Card for My Spouse While Living Abroad
Family Visas

What Is the Process of Applying for a Green Card for My Spouse While Living Abroad?

Many U.S. citizens marry their life partners who are foreign nationals. They want them to obtain U.S. green cards to enjoy the benefits of being green cardholders. Some spouses are too busy in their work-life, family life, or other kinds of stuff that they cannot travel to the U.S. for their green card process. If you think this might be your case, do not worry about your spouse’s green card, USCIS allows your spouse to apply for a green card from outside the U.S. This article will see the process that can help you if you want your spouse to get a green card without coming to the U.S.

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Adoption and Immigration: Orphan Adoption Process
Adoption

Adoption and Immigration: Orphan Adoption Process

With globalization intercountry, adoption is also increasing. Thousands of US citizens have adopted children overseas in the last few decades. The process is not that simple, and sometimes the US citizens face difficulties in adopting an overseas child. Before adopting, you must be aware of the process, whether you are suitable and eligible to be an adoptive parent, or whether the overseas child is eligible to immigrate to the US. All these questions must be answered before, as USCIS will determine the eligibility of the parents and the child. In this article, we will look at the adoption aspect of US immigration laws. 

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Difference Between an Eb2 Visa and Eb2 NIW
Employment Visas

EB-2 Vs. NIW: Difference Between an Eb2 Visa and Eb2 NIW(National Interest Waiver) Visa Petitions

The United States provides foreign nationals to apply for employment-based green cards. Employment Visa – second preference(EB-2) visa is one of such categories. You can also apply for an EB-2 NIW(National Interest Waiver) petition to waive certain requirements that are mandatory in a regular EB-2 visa. This article will explain the differences between a regular EB-2 visa and an EB-2 NIW category visa. 

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O-1 Vs. Eb-1: Differences Between O-1 and Eb-1a Visa
Talent-Based Visas

O-1 Vs. Eb-1: Differences Between O-1 and Eb-1a Visa

Suppose you intend to reside in the US. In that case, your primary target should be to get your immigrant visa approved by the authorities. Many individuals come to the US on an employment visa. The US always welcomes aliens who possess extraordinary ability to come and work in the US. If you have that skill, you can either apply for an O-1 Visa or an EB-1 Visa. At times, it becomes crucial to know the difference between these two visas as that can impact your future stay in the United States. This article will explain the key differences between O-1 and EB-1A visa (Alien of Extraordinary ability). 

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B-1/B-2 VISA
Investment Visas

B-1/B-2 VISA

You might have to travel to the US to attend a business meeting or negotiate a contract in the US or might just want to enjoy the scenic beauty of the US. You can apply for temporary visits for specific business or tourism activities through B Visas. In this article, we will see what B Visas are and if they are suitable for you?

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How to Get an O-1 Visa Extension
Talent-Based Visas

How to Get an O-1 Visa Extension

Like an EB-1 immigrant visa, an O-1 visa is also for aliens who possess extraordinary abilities but are in the non-immigrant category. It is available for those who possess extraordinary ability in the sciences, arts, education, business, or athletics or who have demonstrated a record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.

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How to Apply for an Emergency Visa Appointment
Immigration Blogs

How to Apply for an Emergency Visa Appointment

Traveling to the US through the normal process may take some time. Because hundreds of applications are being processed every day, you should not wonder if you get a later date for your visa appointment. But at times, you may have to travel to the US urgently and may wonder how you can avoid long waiting times for visa appointments. In this article, we will discuss what is an emergency visa appointment and how you can apply for such an appointment?

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Consular Processing
Green Card

How Does Consular Processing Work After Approval of a Petition

You may have to go through a process known as Consular Processing if you want to come to the United States and get a green card for legal permanent residence. Depending on whether you are outside of the US or in the US, if your immigrant petition gets approved, you can choose consular processing to get your green card. 

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Preparing for N-400 Interview
Citizenship

Preparing for N-400 Interview

Obtaining a green card gives you certain rights, but you still miss out on all the benefits provided to a US citizen. Therefore green card holders often try to upgrade to US citizenship to avail all the benefits. If you are among those, then this article is a great read for you. This article will explain how Preparing for N-400 Interview which you have to take as a part of your naturalization process. 

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High Salary or Other Significantly High Remuneration
Talent-Based Visas

EB-1: High Salary or Other Significantly High Remuneration

If you think you have extraordinary skills, you must have thought of earning more than others in your field. Skills are directly related to your income, and USCIS considers this and will label your ability as “extraordinary” if your income is comparatively higher than others in your field. Sethi and Mazaheri Law firm brings you another article on the EB-1 series where we explain the ten criteria laid down by the USCIS for establishing your extraordinary ability. 

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Eb-1: Display of Your Work at Artistic Exhibitions and Showcases
Talent-Based Visas

Eb-1: Display of Your Work at Artistic Exhibitions and Showcases

Establishing your “extraordinary ability” can be a complex and bewildering process. As a petitioner, you want your petition for an EB-1 visa to get approved quickly. Still, you are unsure what three criteria you should target to fulfill the requirement laid down by the USCIS to demonstrate your “extraordinary ability.” For that, you must know the basic meaning of all the criteria and how you can satisfy each criterion’s elements. 

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EB-1 Criteria: Authorship of Scholarly Articles
Talent-Based Visas

EB-1 Criteria: Authorship of Scholarly Articles

US immigration law does not require a sponsor employer if you apply for an EB-1 visa under the noncitizen “of extraordinary ability” category. The burden to prove the “extraordinary ability” lies on the petitioner, and it is rather bothersome to find the proper criteria for yourself. Sethi and Mazaheri law firm has a motive to make US immigration laws simple. We have started a series where we would be explaining all the criteria laid down by the USCIS to demonstrate a noncitizen’s extraordinary ability. 

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I-485 Interview Preparation
Green Card

I-485 Interview Preparation

Did USCIS send you an appointment notice for your I-485 interview? Don’t get anxious about the interview; almost everyone who wants to adjust their status has to interview. Before making a final decision on your green card, the US immigration officials attempt to better know the applicant and the genuineness of the case by meeting them in person. Getting well prepared for the interview gives you the advantage of getting your green card approved. In this article, you will find the common questions asked at the I-485 interview and some tips you should consider before appearing for the interview. 

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Documents Checklist for Adjustment of Status Interview
Green Card

Documents Checklist for Adjustment of Status Interview

There are many additional benefits for a green card holder than for other nonimmigrant visa holders, like traveling freely within the US with fewer restrictions. Due to these benefits, many people go for adjustment of status, i.e., transitioning from a nonimmigrant visa to a green card. They have to file Form I-485 to adjust their status. The process of adjusting can be complex, and having correct documents accumulated and submitted may ease up the process. For that, you should have an idea what all documents you may require for your Form I-485. This article will prove a checklist of all such documents you may need to adjust your status. 

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All About Notice of Intent to Deny
Immigration Appeals

All About Notice of Intent to Deny

Are you relaxing that you have successfully filed your immigration petition and will soon enter the US? A Notice of Intent to Deny (NOID) can interrupt your happy time, and you may find yourself tangled in a complicated immigration issue. The best way to avoid any confusion is to know what a NOID is and what to do if you have received a NOID from the USCIS. This article provides detailed information to help you prevent confusion.

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How to Seek Asylum in the Us
Asylum

How to Seek Asylum in the Us

Every year, thousands of people who are either in the US or at the US border apply for asylum because they have suffered or have credible fear that they will suffer persecution in their home country based on race, religion, nationality, or membership in a particular social group or political opinion. If you are among one of them, then this article is right for you. In this article, we will discuss how an individual can seek asylum in the US.

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Immigration Judges' Power to Postpone Deportation Cases
Deportation Defense

Immigration Judges’ Power to Postpone Deportation Cases

On July 15th, 2021, in the matter of Cruz-Valdez (Respondent), Attorney General Merrick Garland overruled the decision in the matter of Castro-Tum in its entirety, given by Attorney General Jeff Sessions in 2018. The new ruling has reinstated the immigration judges’ power to postpone deportation cases if a decision or ruling is pending in the related immigration cases. This article will provide an insight into the previous ruling, the facts of the present case, and what was overruled. 

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Immigration Appeal: What It Is an and How It Works
Immigration Appeals

Immigration Appeal: What It Is an and How It Works

Has the USCIS denied your immigration application for the grant or extension of a visa? Are you unhappy or unsettled with the USCIS decision and are curious whether you can do anything or not? The answer is yes! You may be eligible to file an appeal or a motion on an unfavorable decision by an immigration department. This article will discuss the immigration appeal, your rights, and how you can file an immigration appeal. 

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EB-1: Participation as a judge of the work of others
Employment Visas

Eb-1: Participation as a Judge of the Work of Others

Employment-Based, First preference visa in the foreign-born of “extraordinary ability” category or an EB-1A visa has ten criteria laid down by the USCIS. As a petitioner, if you apply under this category, you either have to provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) or satisfy at least 3 out of 10 criteria.

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P Visa Classification
Talent-Based Visas

P Visa Classification (P-1, P-2, P-3, P-4)

The P visa is a temporary employment-based visa granted to foreign athletes, artists, entertainers, coaches, supporting staff, and their spouses and children to travel to the United States. The P visa is classified into P-1, P-2, P-3, and P-4 categories. This article will provide a brief about all the P visa classification.

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Immigration Judge Has The Authority to Grant a Request for The Waiver of Inadmissibility
Domestic Violence Visas

Immigration Judge Has The Authority to Grant a Request for The Waiver of Inadmissibility

The United States court of appeals for the fourth circuit on April 29, 2021, rules that an immigration judge(IJ) has the power to grant a request for the waiver of inadmissibility for the U visas. Jimenez-Rodriguez, who was placed in removal proceedings, was a severe accident victim and wants to corporate with law enforcement in punishing the offender. The USCIS rejected his application for waiving his inadmissibility for a U visa, and he requested BIA to allow him to present another waiver application in front of an IJ

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O-1 Visa Interview Experience and Appointment
Talent-Based Visas

O-1 Visa Interview Experience and Appointment

Are you a person possessing extraordinary abilities and have applied to enter the US on an O-1 visa? You must know that after USCIS has approved your visa application, you have to appear for a visa interview at the US embassy or consulate in most cases. This article will provide an insight into the O-1 visa interview and the common questions asked at the interview.

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What Crimes Disqualify You From Getting a Green Card or Visa?
Green Card

What Crimes Disqualify You From Getting a Green Card or Visa?

If you plan to come to the US or apply for a green card, you must keep yourself away from committing criminal activities, resulting in denying your visa or green card. USCIS officials reviewing your application will determine whether or not  you are ineligible from obtaining a US visa or immigration benefit.

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Can I Reschedule Naturalization Interview or Oath Ceremony?
Citizenship

Can I Reschedule Naturalization Interview or Oath Ceremony?

If you have applied for a green card, you have to appear for an interview to get your green card application approved by the USCIS. However, it is a common dilemma for individuals who apply for a naturalization (citizenship) interview, whether they can reschedule their interview in case of emergency or not? This article will answer this question!

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K-1 Visa – A Brief Guideline and FAQs
Family Visas

K-1 Visa – A Brief Guideline and FAQs

K-1 visa is also known as a fiancé(e) visa. This visa allows a US citizen’s fiancé(e) to get a 90-days stay permit in the US and get married to a US citizen. Because this visa is issued so that the US citizen and their fiancé(e) can come into a marital relationship, not solemnizing a marriage within 90 days can end the fiancé(e) privilege to stay in the US, and they have to leave the US.

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How to Expedite Your Family Visa Interview at the U.S. embassy (2021)
Family Visas

How to Expedite Your Family Visa Interview at the U.S. embassy (2021)

Immigrants applying for visas at U.S. Consulates and Embassies worldwide face additional hurdles due to the Coronavirus epidemic. In some places, things have only slightly improved, while in others, they have deteriorated. As a result, the majority of U.S. embassies and consulates have remained closed to the public. Only a few Consular offices and embassies have started visa interview scheduling. In the great majority of cases, offices and embassies only schedule interviews and issue visas to individuals who need them urgently or who qualify for expedited visa processing. Immigrant visas are no different from others, and they are also suffering from delays in the processing and interviews. This article will examine how an individual can expedite a U.S. embassy interview for a family visa.

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EB-1A Visa FAQs
Talent-Based Visas

EB-1A: Frequently Asked Questions (FAQs)

The EB-1A visa is for immigrants who are exceptionally talented in a particular field. Individuals who possess “extraordinary abilities” in the areas of science, art, education, business, or athletics can apply for an EB-1A visa provided they fulfill specific criteria enumerated by the USCIS.

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COMPARING THE THREE FORMS OF EB-1 CATEGORY
Employment Visas

EB-1: Comparing the Three Forms of EB-1 Category

US government allows individuals to travel to the US on an employment visa. The employment-Based First Preference(EB-1) category allows an alien to travel to the US and further provides an option to apply for a green card. The EB-1 green card is the highest-ranking employment-based green card available in the US.

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P-3 Visa (Frequently Asked Questions)
Talent-Based Visas

P-3 Visa (Frequently Asked Questions)

Are you wondering whether you can travel to the United States as an artist or entertainer and perform your art form if your work is culturally unique? The answer is yes! The U.S. government allows artists and entertainers to come to the U.S. and perform their art. They can apply for a P-3 visa which is designed especially for artists and entertainers. You’ve come to the correct spot if you want to find out if the P-3 visa is appropriate for you. We’ll go over all you need to know about P-3 visas in this article.

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TWO-PART APPROACH (KAZARIAN CASE)
Employment Visas

EB-1: Two-part Approach (Kazarian Case)

The Employment-based first preference classification was introduced in 1990 as part of the Immigration Act of 1990. It provides visas for persons possessing extraordinary abilities, outstanding researchers and professors, and certain multinational executives or managers. The USCIS has set certain standards and criteria to determine the extraordinary abilities of an foreign-born and outstanding nature of work for the researchers and professors. The foreign-born worker has to meet these criteria to be eligible for an EB-1 classification visa.

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Can a Non-Us Citizen Open a Bank Account in the Us?
Citizenship

Can a Non-Us Citizen Open a Bank Account in the US?

Are you someone who often travels to the US and carries a lot of money with you and wishing to open a bank account? Are you someone who deals with many US clients and have to send or receive USD now and then? Are you someone who wants to invest in the US stock market or keep your money in a foreign bank account?

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The Notice of referral Does Not Require Hearing Info
Asylum

Notice of Referral Does Not Require Hearing Info (Jun 2021)

All you need to know about immigration notice of referral. Sotero Mejia Romero, a native and citizen of Guatemala, has challenged the jurisdiction of an immigration judge on the grounds that a referral notice to the immigration judge by an asylum officer initiating his removal proceedings lacks the date and time of the hearing.

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WHAT HAPPENS AFTER AN O-1 VISA APPROVAL?
Talent-Based Visas

O-1: What Happens After an O-1 Visa Approval?

The United States provides visas for different nonimmigrant categories. The O-1 visa is one of a kind for individuals possessing extraordinary abilities. This article will explain what happens after USCIS approves an O-1 visa by focusing on how an individual can maintain his status, how he can extend his visa, how he can change his employer, and whether he can apply for a green card or not? It is vital for the people who are currently holding an O-1 status or planning to enter the US on an O-1 visa to plan their further steps carefully.

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Everything You Need to Know About the U.S. Artist Visa 2021
Talent-Based Visas

O-1: Everything You Need to Know About the U.S. Artist Visa 2021

As an artist, you can consider O1B or an artist visa to live and find employment in the USA. Did you know that the visa category is best for talented individuals with unmatched abilities in the arts?
Therefore, if you’ve got a history of extraordinary achievements and recognition, you can also apply for an O1B visa and pursue your dream career in the United States.

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E-2 VISA – Frequently Asked Questions (FAQs)
Investment Visas

E-2 VISA – Frequently Asked Questions (FAQs)

Are you an investor? If yes, you probably are interested in investing in the US but wondering whether it is possible to get a visa on this basis. Of course, the answer is “YES.” The USCIS allows an investor from a treaty country to come to the US, invest their money in a business enterprise, and provide them with an E-2 visa. This article deals with an overview of an E-2 visa and some popular questions related to it.

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Divorce After Getting a Conditional Green Card
Green Card

Divorce After Getting a Conditional Green Card 2021

Whether you will get a conditional green card before legal permanent residence status depends on the period of your marriage; if your marriage is less than two years, USCIS will give you 2 years Conditional green card. This will allow you to remain and work in the US for a period of two years. As the name suggests, this card is issued on condition to prove the bonafide nature of the marriage.

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FORM AR-11; ALIEN’S CHANGE OF ADDRESS CARD
Citizenship

Form Ar-11; Alien’s Change of Address Card

Are you a non-US citizen and changing your address in the US? Bear in mind to file the AR-11 form within ten days of that change of address. In this article, we will provide you insights into Form AR-11, who needs to file the form, and the consequences of non-filing.

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240-Day Rule Regulation Application on an O-1 Visa
Talent-Based Visas

O-1: How Does the 240-Day Extension Rule Work?

Let’s find out the relation between 240-Day Extension Rule and O visa. Have you ever wondered what will happen if you have filed a petition for an extension of your O-1 nonimmigrant visa and USCIS does not approve it before your I-94 expiration date? Will you have to leave the United States because your nonimmigrant status has expired, and now you accrue unlawful presence in the U.S.? Or, will you be given extra time to stay in the U.S. until USCIS decides on your extension petition? Would you be able to work if you could stay? This article will discuss what will happen next in detail and guide you if you ever fall into this situation.

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Eb-1 Application and Concurrent Filing
Employment Visas

EB-1 Application and Concurrent Filing

EB-1 application (Employment Based Immigration – First Preference) is the visa category for United States employment-based visa. You may be eligible for an employment-based, first-preference visa if you are:

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