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Setting up a business with non-US citizens or lawful permanent residents

Q: I want to set up a business with an individual who is not a U.S. Citizen or Lawful Permanent Resident. What should I do?

A: The first step that you must determine is that person’s immigration status. The next step is to consult with an immigration lawyer to determine if establishing the business can provide the person’s status or if there are any concerns for the company.

Request for Evidence

Q: I received a Request for Evidence (RFE) from the government. Can you help me to respond?

A: You must respond promptly to the request with the desired information. We would be happy to meet with you to determine the course of action for the response.

Premium Processing

Q: What is Premium Processing?

A: Premium Processing is a USCIS program that provides expedited processing for an additional processing fee (currently $2,500). Under the premium processing, USCIS guarantees action on your case within 15 calendar days on the following types of visa petitions or applications: H-1B, H-2B, H-3, O, P, Q-1, E-1, E-2, L, and TN, and some employment-based I-140 petitions.

Notice of Intent to Deny (NOID)

Q: I received a Notice of Intent to Deny (NOID) my case from the government. What can I do?

Many times, the government improperly concludes that a case is deniable. On the other hand, we have successfully resolved cases in which the government intends to deny the case. While results may vary depending upon fact patterns and a case cannot always be resolved, a consultation with an attorney may turn up another avenue of relief.

Lawful Permanent Resident allowed voting?

Q: I am a Lawful Permanent Resident, am I allowed to vote?

A: As a Permanent Resident, you should be careful and not register to vote. You can only vote in local and state elections that do not require proof of U.S. citizenship, and the consequences of unlawful voting could result in deportation (removal) proceedings. However, if you have registered to vote or voted and are not a United States Citizen, please consult an experienced immigration lawyer for a consultation to determine your options.

Immigrant vs. nonimmigrant visa petition

Q: What is the difference between an immigrant and a nonimmigrant visa petition?

A: An immigrant petition is a filing to obtain lawful permanent residency in the United States, whereas a nonimmigrant petition is a filing to get temporary status in the United States.

Hiring an immigration attorney

Q: Why should I hire an immigration attorney?

A: U.S. immigration law is complex. Having an immigration attorney can make sure that you follow all procedures. In addition, evidence gathering and presentation often will significantly impact the case. By hiring an immigration attorney, you will have an adviser who is experienced in immigration law and present your best case supported by evidence.

Green Card

Q: What is a green card?

A: A green card is a common term for a “lawful permanent resident” card. This card is proof of U.S. residency. There are several ways to obtain a green card, either through family, employment, or other means.

Foreigners entering the US for medical treatment

Q: What is required for a foreigner to enter the U.S. for medical treatment?

A: Individuals seeking medical treatment to enter the United States require visitor visas.

Error on Advance Parole

Q: My son’s advanced parole has a typographical error, although we called USCIS when such an error appeared in the receipt notice. What can I do to correct the mistake?

A: You can send an e-Request with USCIS to make the correction and get an updated travel document. The link to e-Request is https://egov.uscis.gov/e-request/Intro.do

Attending School

Q: How can an Immigration Attorney help me if I would like to attend school in the United States?

A: An immigration attorney cannot assist you with this process. Instead, you will need to work with the SEVIS-approved school you wish to attend.

221(g)

Q: What is a 221(g), and what does it mean?

A: A notice under this law section is because the consular officer determined that the evidence submitted supporting the application was insufficient to demonstrate eligibility for the visa. If you have been denied, for this reason, you should consult with an immigration attorney to determine your next course of action.

214(b) Refusal

Q: What is a 214(b) refusal, and what does it mean?

A: Applicants (especially visitor visas) must show that they qualify for the visa. Section 214(b) presumes that every visitor visa applicant is an intending immigrant. To overcome this presumption, an applicant must demonstrate that they have nonimmigrant intent.