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/

Feb
4

By

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

Category: "Extraordinary Ability" Green Card, "Extraordinary Ability" Visa, Best E-1 visa attorney in Phoenix, Best Investor visa attorney in Phoenix, EB-1 green card, EB-1 Visa, Green card attorney, Green card without job offer, Immigration attorney Phoenix, Legal Permanent Resident Status, LPR, Top immigration attorney in Phoenix Tags: , , ,

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.

Apr
21

By

What Is PERM?

Category: Best immigration attorney in Scottsdale, Employment green card, Green card through employment, PERM, Permanent green card, Top immigration attorney in Phoenix Tags: , , ,

PERM is the abbreviation for the Program Electronic Review Management. It’s a system for processing labor certification applications, which is necessary (with some exceptions, e.g., National Interest Waiver, schedule a pre-certification) to get a green card through employment. The basic criteria are whether the employer has met the procedural requirements of the regulations, whether there are insufficient U.S. workers who are able, willing, qualified, and available, and whether the employment of the foreign worker will have an adverse effect on the wages and working conditions of U.S. workers similarly employed.

PERM

Please note that this article does not constitute legal advice with our law firm. We simplified the law to provide general information about one aspect of the employment-based green card process.  If you would like to discuss if you qualify for a green card through employment, schedule a consultation with an experienced immigration lawyer in Scottsdale, AZ today or call the Juras Law Firm, PLC office at 480-425-2009! We look forward to talking with you!

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
29

By

How can an undocumented immigrant get legal status in the US?

Category: Asylum, Best immigration attorney in Scottsdale, Cancellation of removal, DACA, Immigration attorney in Scottsdale, Marriage Green Card, Top immigration attorney in Phoenix, TPS, U visa, Undocumented immigrants, Undocumented parents Tags: , , , , , , ,

Some undocumented foreign nationals may be eligible for asylum if they can establish that because of a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion, are unable or unwilling to return to their country of nationality, and are unable or unwilling to avail themselves of the protection of that country.

Foreign nationals in removal proceedings may be eligible for cancellation of removal if (i) they have been physically present in the US for a continuous period of 10 years, (ii) have been persons of good moral character for 10 years, (iii) have not bee convicted of certain offenses, (iv) establish that removal would result in exceptional and extremely unusual hardship to US citizen or legal permanent resident spouse, parent or child and (v) warrant a favorable exercise of discretion.

Persons who: (i) have suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity (such as murder, rape, kidnapping, domestic violence), (ii) possess credible and reliable information establishing that (s)he has knowledge of details concerning the criminal activity, (iii) have been helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of criminal activity and (iv) criminal activity occurred in the US or violated a US federal law that provided for extraterritorial jurisdiction may qualify for U visa.

Certain persons are allowed to apply of adjustment of status notwithstanding the fact that they entered without inspection, overstayed, or worked without authorization if: they (a) are beneficiaries of a labor certification or visa petition filed on or before January 14, 1998; or (ii) are beneficiaries of a labor certification of visa petition that was filed after January 14, 1998 but on or before April 30, 2001, and were physically present in the US on December 21, 2000.

Undocumented immigrant’s spouse, adult child or parent who are US citizens may petition for their legal permanent resident status.

Temporary protected status (TPS) is a temporary benefit to certain nationals of designated countries due to conditions in the country (such as ongoing armed conflict, an environmental disaster, or an epidemic or other extraordinary and temporary conditions) that temporarily prevent the country’s nationals from returning. Countries currently designated for TPS are El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria and Yemen.

Undocumented persons who demonstrate that the (i) they came to the US before reaching 16th birthday, (ii) were physically present in the US on June 15, 2012, (iii) have continuously resided in the US since June 15, 2007, up to the present time, (iv) entered without inspection or were out of status on June 15, 2012, (v) were under the age of 31 on June 15, 2012, (vi) are currently in school, graduated or obtained a certificate of completion from high school, obtained GED certificate or are honorably discharged veterans of the Coast Guard or US Armed Forces may qualify for Deferred Action for Childhood Arrivals (DACA).

Please note that this article does not constitute a legal advice.  We simplified the law to outline some of the options to consider for undocumented immigrants to get legal status in the US. If you would like to obtain legal status in the US, call our experienced immigration 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

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

Category: Best Investor visa attorney in Phoenix, E-1, E-1 visa attorney, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration lawyer in phoenix, Immigration Lawyer Scottsdale, Investor Visa Attorney, Top immigration attorney, Top immigration attorney in Phoenix, Treaty trader visa Tags: , , , , , , , , , , , , ,

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.

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.

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