Blog About US Immigration | Vazquez & Poudat in Orlando

DHS to give new opportunities to STEM professionals

Feburary 28, 2022

January 21, 2022, the Departments of State and Homeland Security announced new actions to advance predictability and clarity for pathways for international STEM scholars, students, researchers, and experts to contribute to innovation and job creation efforts across America in...

Consular Officers May Waive in-Person Interview Requirement for Visa Applicants

Feburary 3, 2022

Visa interviews are a necessary part of the visa process, but in some cases, they can be avoided. The Department of State has announced that, due to their limited capacity to process visa applications in a timely manner, they are expanding and extending their nonimmigrant visa interview waiver program at participating Consulates...

Implication of the Reconciliation Bill on U.S. Immigration

December 5, 2021

The budget reconciliation bill (The Build Back Better Act) has passed the U.S. House of Representatives and is on the Senate as of November 19, 2021. What is at stake for millions of undocumented in the US if the bill gets signed into law? ...

Requirements for the E-2 Visa: Common Issues and Grounds for Denial

October 28, 2021

The application of the requirement for a "substantial" investment can vary widely between consular officers and United States Immigration Service (USCIS) immigration officers. The regulations do not impose a minimum investment, but it is important to note that the amount of the investment must be...

Importance of Hiring a Board Certified Immigration Attorney in Florida

October 4, 2021

Are you or a loved one looking to immigrate to the United States? The state of Florida is home to people from around the world, but if you are moving here, you will need some help! The U.S. immigration system is complex and always changing. Hiring a board-certified immigration attorney in Florida can help you to have a successful case...

Can a minor US Citizen marry a foreigner and sponsor them for a Green Card?

September 1, 2021

The first barrier is that the underage U.S. citizen's marriage to their spouse must be lawful. Marriage laws vary widely from state to state, and not all states will recognize a marriage between a minor and an adult. A foreign marriage while usually recognized under the legal ...

ESTA (Part 2): Can I work under ESTA?

July 25, 2021

Working for a U.S. corporation (for example, a subsidiary of a foreign employer) or performing actual work in the United States is not permitted when entering the United States with an ESTA, even if the activity is subject to an agreement with a foreign client outside of the United States.

More About the Visa Waiver Program (ESTA): Can I Extend My ESTA?

June 15, 2021

If you enter the U.S. on ESTA, you'll be able to remain in the country up to ninety days. Although it’s not possible to extend your ESTA, there is an exception that allows you to stay within the U.S. past the 90-day period: having a request granted for Satisfactory Departure.

TPS for Venezuelans

March 9, 2021

Due to extraordinary conditions, Venezuela has been designated for TPS for the next 18 months (until Sept 2022). Here are some questions we have received.

Has Venezuela TPS been approved?

What are the eligibility criteria for TPS for Venezuelans?

Update on DACA - December 2020

December 10, 2020

In compliance with an order of a United States District Court, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:

Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on ...

Becoming a Foreign Legal Consultant in Florida

October 30, 2019; Reviewed December 11, 2020

Under Florida law, a foreign legal consultant in is an individual admitted as an attorney, counselor of law or the equivalent in a foreign jurisdiction and who is qualified to give legal advice on the laws of the foreign jurisdiction(s) where they are admitted. They may provide for profit or pro-bono services. Though there are certain restrictions...

Presidential Proclamations Restricting the Entry of Immigrants and Nonimmigrants, and Exceptions*

August 14, 2020

Seven presidential proclamations issued by President Trump in 2020 have restricted travel to the United States for immigrants and nonimmigrants, that is, all foreign nationals (non-US citizens). Here is the list of the proclamations along with applicable exceptions. *The following is an explanation of each proclamation and corresponding FAQs in ...

Difference Between the Requirements of Extraordinary Ability (O1A), Distinction (O1A -arts) and Extraordinary Achievement (O-1B)

July 20, 2020

“Extraordinary ability” applies to the sciences, education, business or athletics. It requires sustained national or international acclaim in the field of endeavor and comparable evidence is allowed. You should still be at the top of your field when you apply. “Distinction” is the requirement for an O 1 visa classification in the Arts...

The 3- and 10-year Bars to Re-admission to the United States

July 9, 2020

The 3- and 10-year bars were created as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996. Under section 212(a)(9)(B) of the Immigration and Nationality Act (INA), the statute imposes re-entry bars on immigrants who accrue “unlawful presence” in the United States ...

Categories: Waivers

Supreme Court Upholds DACA for Now, but Proceed With Caution

June 29, 2020

The Supreme Court’s 5-4 majority decision issued June 18, 2020, Department of Homeland Security Et Al v. Regents of the University of California Et Al, penned by swing voter Chief Justice John Roberts, was hailed as a victory to the Dreamers and DACA eligible. The reasoning behind the Court’s decision is that the government engaged in an “arbitrary and capricious” repeal of DACA ...

How to Extend your Stay or Change your Status While Visiting the United States

June 27, 2020

During your stay in the United States on a B-1 or B-2 visa (i.e., as a visitor for business, tourism, medical treatment, etc.), your plans may change after you arrive. You may be able to extend your stay in the U.S., or even work or study in the U.S. on a temporary basis. If this is the case, you can apply to extend or modify your legal stay. To extend your B status, you must file Form I-539, called the Application...

Request for Satisfactory Departure: Are you at Risk of Overstaying Due to COVID-19?

April 15, 2020

With the stress of COVID-19, many visitors may be wondering what happens to them should their flight be cancelled, and they are unable to depart. What if I am on ESTA and my flight was cancelled? What do I do if I cannot depart prior to the expiration of my stay? Our office has been successful in obtaining what is called Satisfactory Departure from our local Customs and...

K-1 Fiancé Visa Immigration Attorneys with Expert Advise

November 5, 2018

In this case, the K-1 fiancé visa would be your best next step moving forward. It is a nonimmigrant visa that allows the prospective resident spouse abroad to obtain permission to marry his or her American fiancé (e) in the United States within 90 days, and then immigrate to the United States through legal permanent resident status.”...

Categories: Green Cards

Planning to Expand your Business to the U.S.?

March 22, 2018

You have grown your business in your home country and have found the challenge of expanding abroad to be quite tempting. Perhaps you visited the U.S. on a tourist visa and realized that your business would do well in its vast and diverse market? Otherwise, you might potentially...

Misrepresentation Guidance Tightens and Creates Implications Beyond the Obvious

December 15, 2017

There are a myriad number of reasons that a person may be found inadmissible to the United States. The grounds of inadmissibility apply to both temporary and permanent visa applicants Waivers may be available for some of these grounds, but you would rather not need to avail yourself of a waiver. Some waivers require that you prove...

Categories: Waivers

Aspiring Student? Going From a B1/B2 to an F1

November 27, 2017

One of the most common changes of status that clients request is to change status from B-1/B-2 Business/Tourist to F-1 student. To change status from B-1/B-2 to F-1, the underlying B-2 status must remain valid until the 30 days immediately before the program start date indicated on the form I-20....

Categories: Temporary Visas

What You Need to Know for the Upcoming DV 2019 Green Card Lottery

September 21, 2017

An approximate 50,000 immigrant visas are given by a drawing from random selection by the U.S. Department of State through the Diversity Immigrant Visa Program. This DV lottery gives the opportunity for applicants of countries with low rates of immigration to the United States the chance to receive a U.S. Permanent Resident Card or ...

Categories: Green Cards

Recent News – DACA

September 14, 2017

On September 5th, 2017 President Trump officially announced that the DACA program will be ending. The Deferred Action for Childhood Arrivals (also known as « DACA ») was an American immigration policy that was established during President Obama’s term back in 2012. This program was set up with the intention of allowing certain cases of illegal immigrants that came into ...

DACA Changes

September 5, 2017

On September 5, 2017, Attorney General Jeff Sessions announced President Trump’s decision that the Deferred Action for Childhood Arrivals (DACA) executive action was withdrawn and cancelled. Approximately 800,000 people have been granted DACA...

The RAISE ACT (Senate Bill 354)

August 3, 2017

The policy and belief behind this visa is as follows: The United States accepts approximately 1 million immigrants annually mostly through family petitions that lead to “chain migration.” This generation-long influx of low-skilled labor has been a major factor in the downward pressure on the wages of working Americans...

Categories: Green Cards

E-2 Visa Qualifications for Dual Nationals, and Dual Nationality Seekers

May 2, 2017

E-2 visa qualifications for dual nationals, and dual nationality seekers Do you have European or Japanese citizenship? Do you have $75,000? You may be able to qualify for an E-2 visa. The E-2 visa is a popular investor visa that permits a foreigner to buy or create or invest in business in the United States, and to thereafter reside in ...

Categories: Investor Visas; Temporary Visas

President Trump’s Immigration Mandate - New Law to Reduce Legal Immigration Proposed

February 09, 2017

President Trump is seeking to limit immigration. Not just illegal immigration by building a wall, but legal immigration as well. About 1 million people legally immigrate to the United States annually with permanent visas. Contrast that with 11 million annual temporary visitors. Anti-immigration groups want to slash the number of permanent ...

Categories: Green Cards

After Trump's Election: Business as Usual for Legal Immigration

December 15, 2016

The results are in and Donald Trump is going to be the 45th President of the United States of America. For legal immigration to the United States, we expect business as usual. Though Donald Trump promises to be tough on enforcement, foreign investors are still likely to be courted by the United States. The Central Florida area is a direct beneficiary of many investors. The Immigration ...

O-1 Visa Agent: The basics

October 13, 2016

As a highly specialized individual in sciences, education, business, athletics, motion pictures or another type of artist, you might consider an O-1 visa “for people with extraordinary ability or achievement” to come into the United States. Although most of the O-1 visa petitions are file by traditional employers (when the person is to ...

Reentry Permit to Retain your Green Card

August 31, 2016

When you become a Permanent Resident (LPR), or Green Card holder, you have to maintain your primary residence in the U.S. This means that, among other things, you are not supposed to remain outside of the American soil for an extended period of time, which is usually for more than 6 months per year. In certain cases, your circumstances ...

Categories: Green Cards

Provisional Waiver Program: the Expansion Explained

August 3, 2016

A reform of the Provisional Waiver Program will go into effect on August 29, 2016, enlarging considerably the range of Applicants eligible for the Provisional Waiver Program. This Program allows applicants whose I-130 Petition was approved to apply for a waiver of their inadmissibility while still on the American soil....

Categories: Waivers

E2 Employee: What is It?

July 7, 2016

The E2 employee visa allows a person who will be in an executive or managerial position and/or who has specific skills to come to the U.S. for the purpose of working for the considered business. This business has to either be owned and run by an E2 investor visa holder or to fulfill the E2 visa requirements. In both cases, you have to...

Categories: Investor Visas; Temporary Visas

Work Authorization: Will my Spouse be Allowed to Work?

June 1, 2016

Very few visas which will allow your spouse to obtain a work authorization. The main category of visas which allow the spouse of the main visa holder to get a work authorization are the investors visas. Whether you are considering an essential employee visa (E2 treaty ...

EB5: Regional Center or Direct Investment?

April 5, 2016

EB5: Regional Center or Direct Investment?

Two options are available for immigrant investors looking to invest from half a million up to a million dollars in the U.S. in order to receive their green card through an EB5. You can choose to either buy or start your own qualifying business, or invest the funds through the Regional Center (RC) of your choice. There are pros and cons to each option. so the ...

Categories: Investor Visas; Green Cards

Investment Visa (E-2) Through a Franchise

March 4, 2016

When we talk about investment visa, people usually think about either buying an existing business, or creating a new one. But there is also an option that is somewhat in between, the franchise. A franchise is the right or license granted by a company to market its products or services in a specific territory.

Categories: Investor Visas; Temporary Visas

Am I Eligible for an L-1 Visa?

March 4, 2016

The L-1 Visa is given to “intracompany transferees” of high profile. This visa aims at facilitating the admission of multinational corporate executives and managers, or persons with specialized knowledge. And, a false common idea about this visa is that it’s reserved for profitable company: that is not true! The benefit of this visa ...

Is it Time to Apply for your H1B Work Visa?

February 29, 2016

April 1st is quickly approaching, and given the limited quotas of the H1B work visa, it is imperative for H1B work visa applications to be ready to file by that date. With that in mind, is it time for you to contact our office in order to prepare your application? Have you found a potential employer yet? Confused about the process, or ...

Adjustment of Status and the New Priority Date system

February 1, 2016

A foreign national who seek to obtain a green card through a relative or employment will have to file for an Immigrant Visa or file for adjustment of status, if in the United States. For the Applicants falling into one of the categories which do not have immediate Visa availability, the waiting time until a visa in that specific category becomes available is ...

Categories: Green Cards

E-2 Visa: What Will the Consular Officer be Looking for?

December 7, 2015

The E-2 Visa procedure is consular, which means that the intending E-2 investor will have to defend his or her application with an officer of an US Consulate or Embassy. The file has to be put in a certain order, demonstrate certain points, and be supported by specific documentation. Although the processes for submission of E-2 Visa ...

Categories: Investor Visas; Temporary Visas

Hire an Orlando Immigration Lawyer if I Settle Elsewhere?

November 1, 2015

What is a § 237(a)(1)(H) Waiver?

July 30, 2015

The § 237(a)(1)(H) waiver is a humanitarian waiver created by Congress for certain deportable lawful permanent residents with a qualifying relative. It is a form of relief from removal (deportation). It provides a discretionary waiver for certain misrepresentations and fraud at the time of admission....

Categories: Waivers

Refusal of Admission on ESTA

July 1, 2015

ESTA is not a visa and getting your confirmation page does not mean that you are entitled to enter the U.S.! And if you were found inadmissible by Immigration upon entry on ESTA, your only solution would then be to apply for an actual visa to enter the U.S. in the future. A citizen of one of the 38 countries covered by the Visa Waiver Program –VWP- may enter the U.S. for a limited amount of time...

Abandonment of Lawful Permanent Residence

June 11, 2015

Lawful Permanent Residents (LPR’s) risk losing their LPR status when they are absent from the United States for extended periods of time and/or take certain actions while abroad. While abandonment does not present a threat to most LPR’s returning from short-term travels outside the United States, this becomes an issue ...

Categories: Green Cards

Are you Eligible for an Extraordinary Ability Visa?

June 6, 2015

Foreign nationals who have achieved national or international acclaim for achievements in certain fields are eligible for a special non immigrant visa classified as the O-1 visa. This will allow the applicant to travel to the U.S. to temporarily work in the field of extraordinary ability. The visa is not just for the talented but for the truly exceptional,..

Visa Portability Opens Doors for Skilled Professionals and Potential Employers

April 1, 2014

H-1B holders are not trapped at their sponsor-employer, nor are non-sponsor employers completely barred from hiring H-1Bs. Thanks to the portability provision provided by the American Competitiveness in the Twenty-First Century Act, foreign workers may take their H-1B status with them should they choose to work for a new employer...

How do I Challenge my Denied Naturalization Application?

October 15, 2013

If your N-400 is denied, you should consult with an experienced Immigration Attorney to see if they can help you Appeal your case. There is a limited opportunity after your denial to appeal your denied N-400. Typically, you only get 30 days and it takes time to prepare a quality appeal. A denial of your naturalization case does not mean you can’t win your Naturalization appeal...

Removal of Conditions (ROC) on Residence

October 12, 2013

Generally a foreign national (FN) who marries a United States Citizen (USC) and obtains their immigrant visa before they have been married 2 years will receive conditional permanent residence valid only for 2 years. Conditions on residence can be removed either jointly or by waiver of the joint filing requirement....

Categories: Green Cards

Am I Ready to Become a U.S. Citizen?

January 2, 2012

In my daily practice, I encounter individuals who wonder if they should become citizens of the United States and whether they are eligible to do so. What truly are the benefits of obtaining United States citizenship and is it time for you to apply? I have people coming into my office who have had their green card for many years and seem to only worry about it when the time comes for them...

Are you Eligible for Cancellation of Removal?

July 19, 2010

A non-permanent resident foreign national, or permanent resident foreign national, placed in removal proceedings (formerly known as deportation proceedings) and charged under either Section 212 or section 237 of the Immigration and Nationality Act may be able to fight deportation with the Immigration Judge via the filing of an application for cancellation of removal...

U.S. Immigration Law Blog