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

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/

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E-2 visa approval for Canadian investor in 7 weeks

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/

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From Court to EB-1 Green Card – A Champion’s Journey

EB-1 Extraordinary Ability Approval for an Elite Professional Basketball Player

EB-1 Extraordinary Ability Green Card for Professional Athletes

We recently secured EB-1 Extraordinary Ability approval for an elite professional basketball player whose illustrious career spans more than 15 years at the highest levels of international competition. Her case was approved without any Request for Evidence (RFE).

This case demonstrates how world-class athletes can successfully qualify for a green card through the EB-1 extraordinary ability category when their achievements are strategically documented and clearly tied to their field of excellence.

Athlete Profile

Our client is an internationally recognized basketball player who has competed at the highest levels of the sport worldwide, including participation in the Olympic Games and World Cup. She has played professionally across multiple continents, including the United States and Europe, and has received top honors such as Player of the Year and Most Valuable Player.

She also served in leadership roles on elite teams, including acting as team captain, demonstrating influence beyond individual athletic performance.

EB-1 Criteria Successfully Demonstrated

National and International Awards
The petition included extensive evidence of national and international awards, including gold medals, championship victories, and individual honors recognizing excellence and dominance in the sport.

Membership in Elite Associations
We documented her membership in organizations requiring outstanding achievement, including selection to Olympic athletic teams, national teams, and participation in the National Collegiate Athletic Association (NCAA).

Published Material in Major Media
Numerous articles and features in major media outlets highlighted her career, achievements, and leadership, demonstrating sustained international recognition.

Leading and Critical Role
As captain of her national basketball team, the athlete played a leading and critical role in team success. Evidence showed her responsibilities extended to leadership, strategy, and motivating teammates at the highest competitive levels.

Judging the Work of Others
The petition also established that she judged the work of other athletes through leadership and evaluative responsibilities inherent in her captaincy and professional role.

Contribution to U.S. Athletics

Prior to filing the EB-1 petition, the athlete competed in the United States under a P-1 visa, reflecting her recognized international standing. Her continued presence in the U.S. contributes to American athletics through elite competition experience, mentorship, leadership, and the development of future athletes.

EB-1 Approval Without RFE

The EB-1 petition was approved without any Request for Evidence, underscoring a carefully prepared case that clearly met the statutory and regulatory standards for extraordinary ability.

EB-1 Green Cards for Professional Athletes

This case illustrates that elite athletes — including professional basketball players and Olympic competitors — may qualify for EB-1 extraordinary ability permanent residence without employer sponsorship.

If you are a professional athlete with sustained international recognition and are exploring an EB-1 extraordinary ability green card, our immigration attorney performs a strategic evaluation of your credentials is essential.

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H-1B registration starts on March 9, 2021

The registration for the fiscal year  2022  H-1B cap will start on March 9, 2021, and will end on March 25, 2021.  If there are more than 85,000 registrations received by March 25, the USCIS will randomly select registrations and intends to notify the registrants by Mach 31, 2021.

The petitions subject to the H-1B cap-subject may only be filed by those employers whose registrations were selected. USCIS delayed the changes to the H-1B selection process until December 31, 2021.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about the H-1B registration process for the fiscal year 2022.  If you would like to H-1B petition approved fast, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009!

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How to qualify for treaty trader (E-1) visa?

Two Mexican citizens established a US company to import fresh produce from Mexico and sell it in the U.S. and Canada. Each member held 50% interest in the US company. Each member invested “substantial” amount of capital and put it “at risk”. The company rented office space and and warehouse, obtained a license for the US Department of Agriculture, a Blue book rating, registered trademark, hired customs broker and incurred marketing and warehouse expenses. The company created job opportunities for US workers – hired a full time sales representative and started interviewing for other positions. During its first season, the company generated very healthy profit and took steps to increase its marketing efforts to increase sales and visibility.

We established that the trade is already in existence, it is “substantial” and principally (more than 50% of total volume of international trade) between the US and Mexico.

Please note that this article does not constitute a legal advice.  We simplified the law to outline one treaty trader (E-1) visa case study. If you would like to obtain a treaty trader (E-1) visa, call our experienced E-1 visa attorney at 480-425-2009 or schedule your consultation online.

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

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.

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

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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Expansion of Interview Waiver Eligibility for Non-immigrant Visa Applicants

The Department of State has temporarily expanded the ability of consular officers to waive the in-person interview for visa applicants applying for a non-immigrant visa in the same classification. This is a very good news. For example, I have applications to renew treaty investor visas (E-2) filed in March that are still pending and the consulate has not resumed in person interviews. Especially, for successfully entrepreneurs with solid financials who are employing workforce and otherwise meet the treaty investor visa (E-2) requirement, this makes a perfect sense.

At the time of COVID-19 pandemic, reducing in person interactions and the necessity to travel reduces the risk of COVID-19 transmission. This policy also helps with the backlog of visa applications that have been filed when the consulates were closed.

Previously, only those applicants whose non-immigrant visa expired within 12 months were eligible for an interview waiver. The expiration period has been temporarily extended to 24 months. This policy is in effect until December 31, 2020.

Please note that this articles does not constitute a legal advice.  We provided some information about the latest policy regarding the wavier of in-person interview of non-immigrant visas. If you would like to discuss if you may qualify for any non-immigrant visas, call our experienced immigration attorney attorney at 480-425-2009 or schedule your consultation online.  

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New areas (TEA) allowing lower EB-5 investments

On November 21, 2019, new EB-5 regulations became effective. They brought some changes to the EB-5 program.

One of the likely consequence of the new EB-5 regulations is that the Targeted Employment Area (TEA) designation (enabling a lower investment threshold) will be harder to get and urban TEAs will be driven to lesser-developed locations.

In order to be designated as a TEA, the EB-5 project must be located in either a rural area or in a location that has high unemployment. 

Prior to the effective date of new EB-5 regulations, the TEA designation was made at state level and most states had very liberal TEA’s designation policies, even in economically robust urban zones. Consequently, more than 95% of EB-5 investments were made in TEA-located projects. Under the new EB-5 regulations, USCIS is no longer deferring
to TEA designations made by state and local governments and is
directly reviewing and determining the designation of high-unemployment TEAs.

Under the previous regulations, it was quite common to aggregate census tracts to create Regional Center EB-5 offerings even in some of the nation’s most high-priced neighborhoods. Census tract combination for high-unemployment TEAs is now much more restrictive: census tract aggregation is limited to the project tract(s) plus some or all of the tracts that are “directly adjacent” to the project tract. Utilizing census block groups (a census tract is made up of several block groups) is no longer allowed. 

Some EB-5 industry experts (analysts and economists) estimate that approximately two thirds of the projects that had qualified before will not qualify for TEA status under the revised standard.

Please note that this articles does not constitute a legal advice.  We outlined only one aspect of new EB-5 regulations and its consequences.  If you would like to get a green card through an investment (EB-5), call an experienced EB-5 immigration attorney at 480-425-2009 or schedule your consultation online.

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Why hire an Immigration Attorney?

Because so much information is available online, you may feel that you can figure out what you need to do using Google and other online resources. Also, there is a misperception that immigration is about filling forms and submitting simple paperwork. While you can certainly gain knowledge of different visa and green card categories and forms to fill, keep in mind that there is lots of misinformation on the Internet, some information may be outdated or would not apply in your case. Immigration law is constantly changing. Even a minor regulatory or policy adjustment affects thousands of people. You may not be aware how the latest policy change, order or decision affects your case.

An experienced immigration attorney is up-to-date with all the government rules, policies, regulations, and various other local laws that may affect your case. His or her extensive experience and holistic view of even complex situations make him or her the best asset for you and can make a profound difference for you and your life.

We regularly advise clients who have already filed applications on their own with inadvertent mistakes that caused serious consequences. They may have filed a wrong form, missed a deadline, received a denial following a Request for Evidence that could have been easily addressed, or filed for visa, green card or naturalization when they were ineligible and face the threat of removal. One simple mistake on the form may be interpreted by the US Citizenship and Immigration Services as misrepresentation or fraud with serious consequences. Your one mistake can make the process more complex and can even prevent your from ever achieving what you were trying to apply on your own (e.g., children may reach certain age, deadline is missed, etc.).

An experienced immigration attorney can get you the result that sometimes you would not be able to get on your own. An experienced immigration attorney can save you money, time, frustration, and anguish in dealing with a much harder case on your own. You have someone on your side ready to answer your questions, guide you and help you in every step of sometimes long and complex immigration process.

An experienced immigration attorney evaluates your situation, determines your eligibility and the best process to take to achieve your immigration goal, knows what forms you will need, how to fill the forms accurately, what documents to submit and how to best present your case . Therefore, when you hire an experienced immigration attorney, you will have peace of mind that this life-changing immigration process will be achieved successfully without unnecessary delays. In addition, unlike document preparers and various online immigration service providers, immigration lawyers have a professional and ethical obligations to ensure that they
competently provide legal services to you.

If you would like to discuss how we can help you achieve your dream of legally living and working in the U.S., call an experienced immigration attorney at (480) 425-2009 or contact us through our website to schedule a consultation.