Apr
21

By

Marriage Green Card After Illegal Entry and I-601A Waiver

Category: Best immigration attorney, Best immigration attorney in Scottsdale, Best Investor visa attorney in Phoenix, Best marriage green card attorney in Phoenix, Best marriage green card attorney in Scottsdale, Green card, Green card attorney, Marriage Green Card, Marriage green card attorney in Phoenix, Marriage green card attorney in Scottsdale, Marriage green card processing time, Permanent green card, Top immigration attorney, Top immigration attorney in Phoenix, Undocumented immigrants Tags: , , , , ,

This case highlights how a marriage-based green card can still be achieved through consular processing, even in more complex situations.

Marriage Green Card After Illegal Entry: I-601A Waiver Approved

In this successful marriage-based green card case, I worked with a U.S. citizen and her husband, a Mexican national who entered the United States without inspection as a teenager in 2000. Like many individuals in similar situations, his case involved multiple legal challenges before reaching a successful outcome.

Background: Removal Proceedings and Prior Representation

In 2014, he was placed in removal proceedings. His previous attorney filed an application for cancellation of removal, and the case was administratively closed in 2016. However, this did not provide a permanent solution or a path to lawful permanent residence.  The couple came to my office in 2017 seeking a clear strategy to obtain a green card through a marriage-based process.

Step 1: I-130 Marriage-Based Petition

We began by filing Form I-130, Petition for Alien Relative, to establish the bona fide marital relationship. The petition was approved in approximately 10 months.

Step 2: I-601A Waiver for Unlawful Presence

Because the client entered the U.S. without inspection, he was not eligible to adjust status in the United States. Instead, we pursued a provisional unlawful presence waiver (Form I-601A). To qualify, we had to demonstrate that his U.S. citizen spouse would suffer extreme hardship if he were denied admission.  We prepared a robust application for a waiver of unlawful presence, with evidence documenting all aspects of the hardship his spouse would face if separated or forced to relocate, including health, financial considerations, impact on his three U.S. citizen daughters, and other factors.

Step 3: Resolving Removal Proceedings

A critical step in this case was properly addressing the removal proceedings. After the I-601A waiver was approved, I successfully moved to terminate the removal proceedings before proceeding with consular processing. This step is essential in many cases and must be handled carefully.

Step 4: Consular Processing and Interview 

After waiver approval and termination of removal proceedings, we proceeded with immigrant visa processing through the National Visa Center (NVC). We prepared and submitted all required civil documents, immigrant visa application and guided the client through each step of the process.  I also provided detailed interview preparation to ensure the client was fully ready. The consular interview went smoothly, and the immigrant visa was approved.

Final Outcome: Green Card Approval

Following the successful interview, the client entered the United States as a lawful permanent resident and receive his green card. Today, he continues to work, support his family, and remain an active member of his community—this time with the security of lawful status.

Married to A U.S. citizen? 

If you are married to a U.S. citizen and are considering applying for a green card, proper strategy is key—especially in cases involving prior immigration history. Schedule a consultation to discuss your options and the best path forward.

👉 Schedule your consultation here: https://juraslaw.com/schedule-consultation/

Apr
3

By

E-2 visa approval for Canadian investor in 7 weeks

Category: Best immigration attorney, Best immigration attorney in Scottsdale, Best Investor visa attorney in Phoenix, Canadian investors in Phoenix, Canadians in Arizona, Canadians in Phoenix, E-2, E-2 attorney, E-2 visa, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Non-immigrant visas, Top immigration attorney in Phoenix, visa for Canadians Tags: , , , ,

From Canada to the U.S.: How a Canadian Wellness Entrepreneur Secured Her E-2 Visa

If you’re a Canadian entrepreneur dreaming of launching a business in the U.S., the E-2 Treaty Investor visa can be your gateway. Recently, we helped a Canadian investor turn her passion for wellness into a thriving U.S. enterprise—earning E-2 approval in record time.

The Vision: Building a Wellness Hub
Our client is a Canadian citizen passionate about holistic health. She envisioned a professional wellness center offering massage therapy, personal training, nutrition counseling, and corporate wellness experiences in the U.S.

Investing in Success

To bring this vision to life, she developed a comprehensive business plan with five-year projections, secured a commercial location, and fully outfitted the space. She invested in equipment and supplies, obtained insurance, launched marketing efforts, and executed a lease for her wellness facility. The investment funds were derived from multiple legitimate sources, all of which were carefully documented.

The E-2 Application Journey
An essential part of the process was showing the U.S. consulate in Toronto that the investment was substantial and the funds were legitimately sourced. We prepared a thorough application, including a detailed business plan, proof of expenditures, and comprehensive source-of-funds documentation.

Quick Turnaround, Big Win
The consulate reviewed her application in just two weeks, with the interview scheduled shortly thereafter—within five weeks.  She walked out with an approved E-2 visa, ready to manage and direct her new U.S. business.

Why This Matters
This story shows how a well-prepared E-2 application can move quickly. For Canadian investors, the E-2 visa offers a straightforward path to building and running a U.S. business—especially when you have the right guidance.

Start Your E-2 Visa Strategy

👉 Schedule a consultation now to evaluate your eligibility, structure your investment properly, and develop a clear strategy for your E-2 visa: https://juraslaw.com/schedule-consultation/

May
26

By

EB-1A Visa Approved for International Soccer Star | Extraordinary Ability Green Card for Athletes

Category: "Extraordinary Ability" Green Card, "Extraordinary Ability" Visa, Athletes, Best EB-1 attorney in Scottsdale, Best immigration attorney, Best immigration attorney in Scottsdale, EB-1 green card, EB-1 Visa, Green card, Green card attorney, Green card without job offer, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale Tags: , , , , ,

EB-1A Petition Approved for Internationally Acclaimed Soccer Player

We are thrilled to announce the approval of an EB-1A petition—a first-preference immigrant petition—for our client, a world-class professional soccer player. This successful case highlights how athletes of extraordinary ability can qualify for a U.S. green card without employer sponsorship or labor certification.

Our client’s remarkable achievements on both national and international stages met the strict legal requirements under 8 C.F.R. § 204.5(h)(3) for individuals of extraordinary ability.

What Is the EB-1A Petition for Individuals of Extraordinary Ability?

The EB-1A immigrant petition is designed for individuals who are at the very top of their field—whether in athletics, the arts, sciences, business, or education. It provides a direct path to a U.S. green card without needing a job offer or PERM labor certification.

To qualify, applicants must demonstrate sustained national or international acclaim through documentation of a major internationally recognized award or satisfy at least three out of ten criteria.

How We Proved EB-1A Eligibility for a Professional Soccer Player

In our client’s case, we strategically demonstrated that he met three key EB-1A criteria for athletes of extraordinary ability:

  1. Nationally and Internationally Recognized Awards

Our client received numerous awards honoring his soccer achievements. He was the top goal scorer in his home country, broke longstanding records both there and in the U.S., and earned recognition from leading soccer organizations. These formal accolades played a critical role in proving national and international acclaim.

  1. Membership in Athletic Associations requiring Outstanding Achievement of their Members, as judged by Recognized National and International Experts

He held membership in high-level soccer associations, including:

  • National Association of Intercollegiate Athletics (NAIA)
  • United Soccer League Players Association (USLPA)
  • His national soccer team, where he competed internationally

We demonstrated in detail to the satisfaction of USCIS that our client (i) was a member of the associations, (ii) the associations operate in the field of soccer, (iii) membership requires outstanding achievements, and (iv) admission is evaluated by recognized experts—thereby meeting the second criterion.

  1. Published Material about Client in Major Sports Media

Our client’s career was extensively covered by national and international sports outlets. These features highlighted his milestones, record-breaking achievements, team affiliations, and awards, thereby establishing that he met the third criterion.

Continuation of Professional Soccer Career in the U.S. and Merit Evaluation

As required under the EB-1 category, our client demonstrated that he will continue his professional soccer career in the United States. After USCIS determined that he met at least three of the regulatory criteria, it proceeded with the final merits determination. Numerous expert opinion letters from respected figures in the international soccer community assisted USCIS in its evaluation and ultimately supported the petition’s approval.

A Winning Legal Strategy for Extraordinary Ability Petitions

Filing a successful EB-1A green card petition requires more than meeting technical requirements—it demands a persuasive, well-documented narrative aligned with USCIS expectations. Our immigration law firm works closely with clients to build strong, individualized cases that meet each of the EB-1 regulatory criteria.

Interested in learning if you qualify for an EB-1 green card as an athlete?

If you are a professional athlete, coach, or performer with international recognition and a record of sustained excellence, you may qualify for a U.S. green card through the EB-1A extraordinary ability category.  Our firm specializes in extraordinary ability visas for athletes and professionals.

Find out if you qualify for an EB-1 green card: https://juraslaw.com/do-you-qualify-for-eb-1/
Schedule a consultation: https://calendly.com/irena-3
Explore your immigration options and take the first step on your U.S. immigration journey today.

Feb
8

By

Time to prepare for H-1B filing season

Category: Best H-1B attorney in Scottsdale, Best immigration attorney, Best immigration attorney in Scottsdale, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B cap, H-1B filing deadline, H-1B registration, H-1B status, H-1B visa Tags: , , , ,

As an immigration lawyer, I’m here to simplify the upcoming changes in the H-1B visa filing process for the Fiscal Year 2025, making it easier for you to understand and prepare. The U.S. Citizenship and Immigration Services (USCIS) is introducing a new, beneficiary (employee) centric H-1B registration system.  In the past USCIS conducted the selection process by the registrations filed by employers.  Multiple employers were filing registration for the same employee.  Under the new H-1B registration system,  USCIS will conduct the selection process by unique beneficiaries (employees). This system should significantly reduce or eliminate the advantage of submitting multiple registrations for the same employee solely to increase the chances of selection and should give all beneficiaries an equal chance at selection.

Another change is an introduction of organizational accounts. This new USCIS platform allows online collaboration for employers and their legal representatives and submitting the H-1B registrations.  It was designed to streamline the H-1B filing process. It is important to start planning who will take the new roles of administrators, creation of different groups and associated legal representatives.  Initial H-1B registration period is scheduled from March 6, 2024, at 12 noon (ET) to March 22, 2024, at 12 noon (ET). Make sure to mark these dates on your calendar.

For the first time, the selected employers will be able to file the Petitions for Alien Workers (form I-129) with supporting documents online.  Starting April 1, 2024, all H-1B petitions will be subject to new fees. For employers with 26 or more full-time employees, the Form I-129 filing fee will be $780. Small employers (with 25 or fewer full-time employees) and nonprofit entities will be charged $460. Additionally, an asylum program fee is introduced to cover the costs of asylum adjudications: $600 for larger employers (26 or more employees), $300 for smaller employers and no fee for nonprofit organizations.  Starting February 26, 2024, the premium processing fee is increasing to $2,805

This shift towards a more transparent and efficient system is a crucial development for employers and prospective H-1B applicants. As always, planning ahead and understanding these changes are key to navigating the H-1B process successfully. If you’re an employer looking to sponsor an employee for H-1B visa or if you are an employee aiming for an H-1B status, our experienced H-1B immigration attorneys are here to guide you through the process. Schedule your consultation with an experienced H-1B immigration attorney TODAY at www.calendly.com/irena-3/30min

We look forward to talking with you and helping you!

Jan
13

By

Visa for Medical Researchers or Physician’s Assistants

Category: Administrator of drug company, B-1 visa, Best H-1B attorney in Scottsdale, Best immigration attorney, Best immigration attorney in Scottsdale, Foreign medical graduates, Foreign physicians, H-1B attorney, H-1B visa, Immigration attorney in Scottsdale, J-1 visa, Medical researcher, Physician's assistant Tags: , , , , ,

Foreign medical graduates may be eligible for an H-1B visa if they have an invitation from a public or nonprofit private educational or research institution or agency to teach and conduct research, or if coming as a clinical physician and have passed (i) the licensing administered by the Federation of State Medical Boards of the US or an equivalent and (ii) English language proficiency test given by ECFMG.

If the foreign physician is not coming to the U.S. to perform services as a member of the medical profession (e.g., administrator of a drug company), the certifying exam is not required. A physician’s assistant or medical researcher is not eligible for an H-1B visa if they are involved in any manner whatsoever in direct patient care.

Another option may be a J-1 visa or under certain circumstances a B-1 visa.

Visa for Medical Researchers

A medical doctor otherwise classifiable H-1 as a member of a profession whose purpose for coming to the United States is to observe U.S. medical practices and consult with colleagues on the latest techniques may be eligible to visit the U.S. as a B-1 visitor for 60-90 days provided no remuneration is received from a U.S. source and no patient care is involved.

Please note that this article does not constitute legal advice from our law firm.  We simplified the law to provide general information about some visa options for foreign medical physicians.  If you would like to discuss what is the best visa option in your circumstances or need help obtaining a visa for a foreign medical graduate, schedule a consultation with an experienced immigration lawyer in Scottdale, AZ or call the Juras Law Firm, PLC office at 480-425-2009! We look forward to talking with you and helping you obtain a visa for a foreign physician!

Nov
2

By

Loan proceeds qualify as cash for EB-5 investment

Category: Best EB-5 attorney in Phoenix, Best immigration attorney, Best immigration attorney in Scottsdale, EB-5 and loan proceeds, EB-5 visa, EB-5 visa attorney, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Top EB-5 attorney in Phoenix, Top immigration attorney, Top immigration attorney in Phoenix Tags: , , , , , , , , , , ,

D.C. Circuit Court ruled that loan proceeds qualify as cash under the EB-5 Program. Under a contrary interpretation, USCIS treats the investment as indebtedness rather than cash subject to additional requirements. Specifically, a loan may qualify as capital for EB-5 investment only if they are secured by assets owned by the investor. The court rejected such collateralization interpretation.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the latest development of EB-5 green card process. If you would like to obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.

Oct
29

By

New proposed H-1B “wage-based” selection process

Category: "Extraordinary Ability" Visa, Best H-1B attorney in Scottsdale, Best immigration attorney, Best immigration attorney in Scottsdale, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B cap, H-1B status, H-1B visa, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, New H-1B rules, New H-1B selection process, Top H-1B attorney, Top immigration attorney, Top immigration attorney in Phoenix Tags: , , , , , , , , , , , , , , ,

The Department of Homeland Security (DHS) proposes to
change the process of selecting H-1B registrations for filing of H-1B cap-subject petitions from a random lottery selection to a wage-level-based selection process.

If more registrations were received during the annual
initial registration period than necessary to reach the
cap, USCIS would rank and select the registrations received generally on the basis of the highest OES wage level in the area of intended employment, beginning with OES wage level IV and proceeding in descending order with OES wage levels III, II, and I

These proposed changes would incentivize petitioners to offer higher wages
to H-1B workers or petition for positions requiring higher skills By changing the selection process, DHS would increase the chance
of selection for registrations or petitions seeking to employ beneficiaries at wages that would equal or exceed the level IV or level III prevailing wage. The DHS data shows that only 28.53% of H-1B petitions received in FYs 2018 and 2019 were filed for level IV and III wages.

The 30-day comments period starts on November 2, 2020.

Please note that this article does not constitute a legal advice.  We simplified the law to outline the proposed changes to H-1B selection process. If you would like to obtain an H-1B status, call our experienced H-1B attorney at 480-425-2009 or schedule your consultation online.

Oct
28

By

How will new H-1B prevailing wage increase effect H-1B eligibility?

Category: Best immigration attorney, Best immigration attorney in Scottsdale, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B prevailing wage rules, H-1B status, H-1B visa, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, New H-1B rules, Prevailing wage, Top H-1B attorney, Top immigration attorney, Top immigration attorney in Phoenix Tags: , , , , , , , , , , , ,

On October 8, 2020, Department of Labor (“DOL”) published an interim final rule changing its method for calculating the prevailing wage rates in the H-1B program. DOL altered the level 1 prevailing wage from the 17th percentile of the OES wage distribution to 45th percentile on the false
assumption that the wages paid to individuals with a master’s degree represent the entry level wages for H-1B workers. Based on that upward adjustment, DOL increased the level 2 prevailing wage rate from 34th to the 62nd percentile, the level 3 prevailing wage from the 50th to the 78th percentile and the level 4 prevailing wage from the 67th percentile to the 95th percentile.

The upward adjustment of prevailing wage rates results in an overnight increase in wage rates and may likely result in many employers not hiring foreign workers. Lawsuits were filed seeking injunction to stop the DOL interim final rule.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only some proposed changes to H-1B rules. If you would like to obtain an H-1B status, call our experienced H-1B attorney at 480-425-2009 or schedule your consultation online.

Sep
27

By

Is US-Canada border still closed for non-essential travel?

Category: Best E-1 visa attorney in Phoenix, Best E-2 attorney in Phoenix, Best immigration attorney, Best immigration attorney in Scottsdale, Best Investor visa attorney in Phoenix, Canadian investors in Phoenix, Canadians in Arizona, Canadians in Phoenix, E-1, E-1 visa attorney, E-2, E-2 attorney, E-2 visa, Essential travel, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration lawyer in phoenix, Immigration Lawyer Scottsdale, Investor Visa Attorney, Non-essential travel, Top immigration attorney, Top immigration attorney in Phoenix, Travel Ban, Treaty trader visa, Uncategorized, US-Canada Border Tags: , , , , , , , , , , ,

The land border between the US and Canada remains closed until October 21, 2020 for “non-essential” travel. The travel restrictions do not apply to travel by air, sea and to freight rail. The “essential travel” includes but is not limited to: (i) U.S. citizens and legal permanent residents, (ii) international students, (iii) people traveling to receive medical treatment, (iv) emergency responders and public health officials, (v) truck drivers moving cargo or other individuals engaged in international trade, (vi) official government and diplomatic travel, and (vii) members of the U.S. armed forces and their spouses and children.

Most U.S. ports of entry interpret the restrictions that only B1/B2 travel is prohibited, while other ports of entry interpret the restrictions more narrowly and require proof of “essentiality”. The Customs and Border Protection is still performing routine adjudications of TN and L-1 petitions at the land ports of entry, although some land ports are requiring proof that the proposed employment is “essential”.

Canada’s Quarantine Act requires anyone who is permitted to enter Canada to self-isolate for 14 days following entry to Canada (unless they are flag-poling).

Please note that this article does not constitute legal advice.  We simplified the law to outline the law. If you to schedule a consultation, call our experienced immigration attorney at 480-425-2009 or schedule your consultation online.

Sep
26

By

Does a position shared by several employees count as one full-time job for EB-5 job creation?

Category: Best EB-5 attorney in Phoenix, Best immigration attorney, Best immigration attorney in Scottsdale, Best Investor visa attorney in Phoenix, EB-5 job sharing, EB-5 visa, EB-5 visa attorney, Green card, Green card through investment, immigration Attorney in phoenix, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investor visa, Legal permanent residency, Top EB-5 attorney in Phoenix, Top immigration attorney, Top immigration attorney in Phoenix Tags: , , , , , , , ,

In order to get an EB-5 green card through investment, the investor has to create at least 10 full-time jobs. A client wanted to invest in a restaurant where several employees would share some positions. Does that qualify?

To be considered a full-time job, it requires 35 hours a week. Where two or more employees share a full-time position it counts as one-full time job if they combine at least 35 hours per week. To demonstrate a full-time position is shared by more than one employees, the investor may should a written job-sharing agreement, we weekly schedule or evidence of the sharing of the responsibilities or benefits of a permanent full time position. However, two part-time jobs do not count.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the EB-5 green card process. If you would like to obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.

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