A question that gets asked often is: what is “expedited removal” and how does it differ from traditional removal proceedings? Expedited removal is the process of removing (deporting) a foreign national without going through a formal procedure such as removal court proceedings. This affects the person’s due process rights. Immigration officers can quickly deport individuals [...]
EB-1, also known as Employment Based category one is one of many methods to apply for a green card (U.S. permanent residency). EB-1 has three sub-categories: 1. EB-1A Extraordinary Ability 2. EB-1B Outstanding professors and researchers 3. EB-1C Certain Multinational managers or executive The focus of this article is EB-1A, also nicknamed the “Einstein Visa.” [...]
What is migration? According to the Oxford dictionary, migration is defined as “the movement of large numbers of people, birds, or animals from one place to another.” The United Nations estimates that in 2019, nearly 272 million people migrated internationally (from one country to another). Keep in mind that some individuals migrate out of choice, [...]
Jus soli & Jus sanguinis, the Latin terms for “of the soil” and “right of blood” are the two primary methods of deriving citizenship. Of the soil meaning, if you are born in a particular country, you derive the country’s citizenship upon birth. Right of blood on the other hand refers to inheriting the citizenship [...]
What is form I-9 and why do I need to complete it? Form I-9 is for Employment Eligibility Verification. This is used to verify identity and employment authorization for anyone working in the U.S. This immigration form can be found on the United States Citizenship and Immigration Services (USCIS.gov) website. Who uses the form? All [...]
One of the most common mistakes made by foreign nationals is assuming that “visa” and “status” are the same thing. They are not! This can be a detrimental mistake, so it is imperative to understand the difference. A visa is a sticker that is issued in one’s passport. The visa can only be obtained from [...]
Change of status, extension of status, and adjustment of status. Is there a difference and what do these terms mean? As an immigration attorney, I often hear these legal terms mixed up. It is important to understand that each of these terms has a very different meaning in context of immigration practice. Change of status [...]
The EB-5 Wave On July 24, 2019, the U.S. Department of Homeland Security published a new rule that would increase the EB-5 investment amount. The one million non-TEA investment would become $1.8 million. And the $500,000 TEA investment would increase to $900,000. This new rule is set to take effect on November 21, 2019. Therefore, [...]
Since its inception in 1990, not much has changed with the EB-5 program. For example, the investment amount has remained $500,000 (for Targeted Employment Areas) and $1,000,000 respectively. Equally as notable, the number of visas issued every year has remained at 10,000. This number includes the principal investor and family (i.e. spouse and children [...]
While thousands of foreign nationals apply for the E-2 nonimmigrant visa every year, thousands more are deterred due to the fact that there is no clear path to permanent residency. However, with some creativity, it is possible for an E-2 investor to acquire permanent residency. The E-2 Treaty Investor visa is intended for foreigners who [...]
