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. for eighteen months within the three year period before applying.  This […]

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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. for eighteen months within the three year period before applying.  This […]

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High number of H-1B visa denials to be examined

Washington: A top American Senator, who visited New Delhi earlier this month, today vowed to look into the “disproportionate number” of H-1B visa being denied from India, amid concerns over the increase in certain categories of visa fees. Fresh from his India visit wherein both officials and corporate leaders expressed concern over the increase in […]

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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 whether he should apply for an L-1A or E-2 visa, […]

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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, there is a conflict between what your intention must be […]

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TN Visa as a Management Consultant for Canadians

As a U.S. lawyer based in Toronto, Canada for 10 years, I have prepared the paperwork on many, many TN visa petitions, particularly in the management consultant category.  Canadians seeking to work in the U.S. as management consultants frequently enlist the services of experienced TN lawyers because the management consultant category is the most heavily […]

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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 before.  As a result of this requirement, in many cases it is no longer possible […]

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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 least one year she is at risk of losing her PR status.  In fact, an […]

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Admissibility to the United States with Criminal Record

In determining whether an alien is inadmissible to enter the United States, it is always a good idea to have his criminal record and the applicable law of the relevant jurisdiction evaluated by an experienced immigration lawyer.  Customs and border protection officers can be quick to tell aliens applying for admission to the United States […]

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Does a DUI Conviction Render an Alien Inadmissible to the United States?

A DUI (Driving Under the Influence) conviction does not render an applicant for entry to the United States (either immigrant or non-immigrant) inadmissible, as a DUI is NOT considered a Crime Involving Moral Turpitude under the Immigration and Nationality Act, Section 212(a)(2) relating to criminal acts. Only Crimes Involving Moral Turpitude or Drug-related charges will […]

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