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
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.
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.
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!
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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:
Imagine Dreamers Dream (Dream Act)! You came to a country as a child and had been living there for many years. You did your schooling from there, and this is the only country you possibly know. After so many years, you find out that you are not a registered citizen of that country and are an illegal citizen residing in that country. What on God’s earth would go through you?
Divorce is not a rare thing in this century. It hits you strongly, whether mentally or emotionally. And what makes it worse is knowing that it can have a drastic impact on your green card process and can even possibly end in getting you deported from the US. This article will analyze the scenario of divorce (or separation) during the green card process obtained through marriage with a USC and how it can influence your chances of getting a green card in the US.
Unfortunately, the United States immigration process can move very slowly. In some cases, visa applications are stuck in processing for months or even longer. One of the most common questions that folks ask from an immigration attorney is how to expedite my visa application? In this post, our New York visa delay attorneys offer three ideas to help prevent immigration delays, and we explain ways to get the application out of administrative processing.
Has USCIS denied your application for adjustment of status? Or has a US consular officer abroad denied your request for an immigrant visa? If so, you may be eligible for a waiver of grounds of inadmissibility by filing Form I-601.
The Office of Foreign Assets Control was founded in December 1950 and it oversees the transactions and economic sanction programs mainly against targeted countries. Sanctions may vary, from restricting the trades and blocking of assets to achieve national security goals.
The immigration law allows U.S citizens and lawful permanent residents to sponsor certain family members for a permanent resident visa, also known as a green card. Obtaining a green card will allow its holders to live and work anywhere in the United States and qualify for U.S. citizenship after three or five years.
Generally, immigration appeals are filed to review and hopefully alter the immigration court’s initial decision on a certain case. There are different types of immigration appeals depending on what is the appeal for and where is it being filed.
Artists and entertainers with extraordinary skills, exceptional talents, and abilities from around the world have been coming to the United States to represent their countries and act as ambassadors of their chosen field of specialty. This makes the United States the top destination for the cultural exchange of traditions and ideas. Various talent-based visa options are available for welcoming these artists and entertainers, as well as their employers and/or agents.
An EB-2 VISA petition, in simple words, is an employment-based 2nd preference petition intended for foreign professionals carrying an advanced degree or its equivalent. It is also for foreign nationals who exhibited exceptional ability in the fields of sciences, arts, or business. In special cases, if you are a professional possessing a bachelor’s degree, and 5 years of continuous strong and solid experience in the specific job being offered, maybe considerably having an equivalent master’s degree in the field.
A Tourist B2 Visa is a non-immigrant (temporary) visa that is required for a citizen of another country traveling to the U.S. when the purpose of travel is non-business related. Examples for when a B2 visa may be required might include: travel for vacation/leisure, tourism, visiting family and friends, medical treatments, sports, social events, and more.
If you are a foreign data scientist looking for a way to transition from OPT, J1, H-1B to a visa with a more stable path to permanent residency, you might be a candidate for the O-1A visa. The O-1A visa is categorized as a nonimmigrant visa created for individuals who possess extraordinary abilities in the sciences, arts, education, business, or athletics.
What is cultural exchange program and hot to apply for Q-1 visa? When exploring your different options and programs to visit the United States of America as a non-immigrant, you have the option to apply for a diverse type of visas such as B1/B2 Visa, F-1 Visa, J-1 Visa, P-Visa, and many other types. Therefore, if you are interested in gaining a unique cultural experience that will allow you to live in US culture. Then, the Q-1 Visa is the perfect choice for you to apply.
Overall, there are a variety of ways for someone to achieve a transition from a foreign alien to permanent resident in the United States. The following are a number of ways that a foreign nationals can obtain permanent residency or a green card:
The achievement of legal permanent residency in the United States of America is the goal of all immigrants. In general terms, the permanent residency status, which is officially known as the “I-551 Permanent Resident Card” is an official document issued by the US government serving as evidence of your legal permanent residency in the U.S. Moreover, it is also known as “Green Card” because of the background color of the card.
Overall, any non-U.S. citizen victims of sexual violence and other forms of gender-based abuse may qualify for asylum status if their abuse was related to any violation of human rights. Generally, someone who experienced domestic violence or sexual assault in another country may apply for asylum in the U.S. if the government in his/her home country is “unwilling or unable” to protect the victim from the violence perpetrated from their attacker.
For more than 7 years, same-sex couples have the right to request a fiance or marriage visa petition on behalf of their spouse. Moreover, we understand that most people have many questions regarding the applicability and implications of a same-sex marriage immigration petitions. Therefore, we have compiled a list of commonly asked questions and answers for issues relating to applying for a green card through same-sex marriage.
On a general basis, anyone who enters the U.S. on a visa or through the visa-waiver program is given a date-specific that they must depart from the U.S. In case someone stays past the date they were required to leave, they will be deemed out-of-status and begin to accrue unlawful presence in the United States. Once someone accrues 180 days of unlawful presence, that person becomes inadmissible into the U.S. and is barred from reentering the U.S. for three years.
During the last few months, immigration in the U.S has experienced some setbacks and delays in terms of visa processing and restrictions. Nevertheless, if you are engaged with an American citizen or you recently got married to an American citizen, you should start considering applying for either a K-1 (Fiance Visa) or a K-3 (Marriage Visa) shortly.
What is Provisional Waiver? For more than 7 years, the U.S. Citizenship and Immigration Services has permitted certain foreign citizens who have entered the country without a visa status or inspection by an immigration official to apply for a provisional unlawful presence waiver, also known as a stateside waiver. Before, foreign nationals hoping to obtain permanent residency through a U.S. citizen relative would have to leave the U.S. and apply for re-entry at the U.S. embassy in his or her home country.
Trump’s decision to end deferred action for childhood arrival (DACA) and temporary protected status (TPS) has jeopardized the legal status of hundreds of thousands of people. This decision has created a new population of unauthorized immigrants that are unprotected from deportation. We strongly suggest that DACA/TPS holders consider immigration options available under current immigration law, specifically permanent legal resident status.
There are a variety of ways to obtain legal status or permanent residency in the United States of America. The two main paths resume in either getting the permanent legal residency through parent/child or employment petition. In the cases related to obtaining permanent residency through employment could be a lengthy process as the person would need to get first either an H-1B (Temporary Work Visa), O- Visa (Special Ability), or another kind of temporary visa to then after years being eligible to apply to permanent residency.
This P-1A visa, the other type of P-1 visa, which deals with recognized athletes can be given to both professional athletes, amateur athletes, athletic teams, and coaches.
Foreign workers to be permanently hired at a company may seek an EB-2 green card. This green card will allow the individual to reside in the US for permanent work. Applicant must have one of the following qualifications in order to be eligible for an EB-2 green card:
Due to the recent events of the coronavirus outbreak, unemployment rates have skyrocketed. Losing a job can be incredibly stressful and current O-1 “extraordinary ability” visa holders may find themselves in an especially tough situation. The options available are circumstantial for each individual O-1 Visa holder, but here are some considerations to proceed with the job loss.
The US Embassy in Abu Dhabi will resume some of its services. However, they will only be taking certain appointments. These appointments will be limited to applicants for immigrant (IR 1, CR 1, IR 2**, CR 2**) visa interviews already scheduled that had been canceled due to the pandemic.
In many circumstances, US Immigration and Customs Enforcement (ICE) does not know the location of a migrant they are looking to place into the deportation system. However, if a person who can be deported from US soil enters the jail or prison system, their name is recorded and available to ICE. If ICE wants to apprehend that individual, ICE can make a request for an immigration detainer.
The EB-5 investment visa program allows foreign investors to obtain a green card that enables conditional residency (up to 2 years), but can later open up the opportunity for permanent residency. Once an applicant is approved for the visa program, they are entitled to a maximum of 2 years of residency within the US, if they prove to have successfully completed all qualifications of the program they may request permanent residency. A total of 10,000 visas are made available each year for EB-5 visa applicants.
In the US there are a few different ways a person can become a permanent resident or citizen. Those who have married a person who is a US citizen have the option of becoming permanent residents and, potentially, US citizens. This article will provide a brief overview of the Green Card and naturalization process.
You do not have to be immersed in the legal profession to know that legal representation is a right in US criminal courts. Simply watching a courtroom drama on TV will expose you to the concept of right to counsel: everyone has the right to legal representation and if they cannot afford a lawyer, the court will appoint one. This, however, is not the case for immigration courts. Given the recent raids and introduction of harsher rules, migrants have become even more vulnerable, especially in the legal system. This means they also must have access to legal counsel, but many can’t afford to do so.
If your case was denied at immigration court, you can reserve an appeal with the next appellate body, the Board of Immigration Appeals, located in Virginia. By reserving an appeal, the government and the immigration judge are made aware that you disagree with their decision and grant you the next thirty days to appeal.
The US is home to many of the world’s highest-ranked educational institutions. From high schools to universities, many students come from all over the world to study in the US. However, if you are planning on enrolling in studies in the US, you must have the right visa to enter and stay in the country. This article will provide a general overview of student and visas, but applicants are encouraged to seek individualized legal assistance for their circumstances.
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by Prozco®