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Can I Enter the United States While My Immigrant Visa Petition is Pending?
The answer to this question is a qualified yes. If an I-130 petition has already been filed on your behalf, the officer inspecting you at the U.S. border will be aware that you are an intending immigrant. Because you are seeking entry as a visitor,...
Naturalization Requirements: Physical Presence
Another key requirement for naturalization in the United States is that the applicant be physically present in the U.S. for thirty months within the five year period before applying, OR, in the case of qualified spouses of U.S. citizens, physically present in the U.S....
Naturalization Requirements: Continuous Residence
Another key requirement for naturalization in the United States is that the applicant be physically present in the U.S. for thirty months within the five year period before applying, OR, in the case of qualified spouses of U.S. citizens, physically present in the U.S....
Can an Alien Spouse of a U.S. Citizen Who Entered the U.S. Legally Adjust Status in the United States?
The short answer to this question is yes. No matter how long an alien spouse of a U.S. citizen (living in the United States) has been out of status in the United States, he is able to file for permanent resident status in the United States provided that he initially...
How Can I Maintain my Permanent Resident Status While Living Abroad?
United States Permanent Resident (PR) Status requires the holder of such status to have her “permanent” or primary residence in the United States. Therefore, if a PR is considering leaving the United States to take up residence in another country for at...
US Permanent Residents Living in Canada Beware!
While it may technically be legal and appropriate for a US Permanent Resident living in Canada to file a US non-resident tax return (1040NR), as an immigration lawyer with over a decade of experience helping Canadians maintain their permanent resident status, I can...
Comparing the L-1 and E-2 visas (Part 1)
If someone qualifies for either an L-1A or E-2 visa, why would he choose one over the other? Assume an individual owns a company abroad and is planning to open a branch, affiliate, or subsidiary of the foreign company in the United States. In determining...
Deferred Action on Childhood Arrivals (DACA)
On June 15, 2012, the Department of Homeland Security announced that certain individuals who came to the United States as children and meet several key guidelines (see below) may apply for deferred action for a period of two years, subject to renewal, and would then...
R-1 Religious Worker Visa — Site Visit Requirement
The November 26, 2008 final regulations governing Religious Worker visas require (among other things) that the sponsoring organization be subject to a site inspection before a petition can be approved, where the petitioner has never been subject to a site visit...
O-1 Visas for Photographers and Cinematographers
A client of mine, Still Motion Ltd. posted a guest blog I wrote on the best categories of evidence photographers and cinematographers use to obtain their O-1 visas to work in the U.S. Check out that article by CLICKING HERE or going to the post...