Which Types of Cases Can You Appeal to the AAO?

When a USCIS field office issues an unfavorable decision on an application or petition that falls under the jurisdiction of the Administrative Appeals Office (AAO), the petitioner or applicant (depending on the case) can appeal to the AAO. The AAO has appellate jurisdiction over about 50 different types of immigration cases, including types of cases that […]

Does “Public Charge” Apply to You?

Whether a person is likely to become a public charge is usually considered when someone is trying to become a permanent resident (get a green card). It is also considered when someone applies for certain non-immigrant or other temporary benefits, for example when someone seeks an extension of their non-immigrant status. But there are exceptions. […]

FAQ: How Long Can Someone with P Status Stay in the US?

For most petitioners thinking about going through the petitioning process to get P visas for certain foreign nationals, it is important for them to know what P status allows. The question is straightforward. But what about the answer? Let’s see. In this post, we’ll answer the question of how long someone with P status may […]

FAQ: How Long Can Someone with O Status Stay in the US?

For most petitioners thinking about going through the petitioning process, it is important to know what the O status allows. The question is straightforward. The answer, not quite so straightforward. In this post, we’ll answer the question of how long someone with O status may remain in the US. But, before we arrive at the […]

RFE Numbers on Petitions for O Visas

It’s important to look at the data for Requests for Evidence (RFE’s) to determine, among other things, the level of the government’s combativeness with particular types of immigration applications and petitions. The RFE numbers for petitions for O visas have been rising year over year, a trend that became noticeable in fiscal year 2018.

A Slightly Deeper Dive into the EB-1B 2-Part Analysis (First Part)

Becoming a permanent resident through the EB-1B category for researchers and professors is an option for some. Beyond that, getting permanent residence through the EB-1B is an attractive option, a preferred option, too. Often, foreign national workers and their employers prefer the EB-1 category over some other categories because there is rarely a shortage of […]

How EB-1 Cases and USCIS’ Administrative Appeals Office Intermingle

The Administrative Appeals Office (AAO) has issued several decisions disclosing current adjudicative standards applied in EB-1 extraordinary ability cases. Especially relevant are the AAO findings relating to the criteria in the USCIS regulations. Under current rules, someone seeking EB-1 status as extraordinary ability individuals must meet at least three of the 10 regulatory criteria to establish […]

FAQ: Are Entrepreneurs Eligible for the EB-2 preference category and the EB-2 NIW?

Can entrepreneurs get permanent residence through the EB-2 preference category and do so, in part, by using the EB-2 National Interest Waiver? First things first! To even get to the point where it’s worthwhile to talk about the National Interest Waiver, it is important for a foreign national to merit inclusion into the EB-2 preference […]