A: Yes, the applicant will still have an immigrant visa interview scheduled at the U.S. consulate. If the waiver is approved, the applicant can immediately return to the U.S. assuming they are otherwise eligible to become permanent residents. This will cut down substantially on the time an applicant will have to remain outside the U.S. after their immigrant visa interview. If the waiver is denied, the USCIS will likely begin deportation proceedings to remove them from the U.S. before they even leave the U.S. for their immigrant visa appointment.

A: Not exactly. A bill has been proposed in the Senate which would grant a 3 year visa that can be renewed if the buyer spends at least $500,000 on residential real estates including at least $250,000 for a primary residence. The buyer must remain in the home or one of at least equal values in order to have the visa renewed.

The reason behind the bill is to help the sluggish housing market by boosting demand.

You may apply for citizenship after you’ve been a conditional resident or permanent resident for a total of 3 years while married to and living together with your U.S citizen spouse.  You are allowed to file for citizenship within 3 months of the expiration of the 3 year period.

A: The State Department Visa Office is required to allocate unused visa numbers in priority date order. Since there are more applicants from India than China with older priority dates, those applicants with the older priority dates will get the visa numbers first, according to the law. In other words, the people who have waited the longest go first regardless of their country of birth.

A: The bill, dubbed the California Dream Act does not provide a path to permanent residency for your child as would the federal Dream Act that failed to pass the Senate last year. The California Dream Act that passed is designed to allow undocumented students to receive privately funded scholarships to attend the State’s public colleges and Universities. A separate bill under consideration in the state legislative would allow undocumented students to qualify for publicly funded scholarships as well.

A: Since the U.S. company is brand new, an L-1 visa is limited to one year to start. After the first year, the U.S. company–if it has expanded its operations and work force–can apply to extend your status in 2-year intervals for a maximum of 7 years if your position is managerial. One of the main advantages of an E visa is that the visa is valid initially for up to 5 years with unlimited renewals at 5-year intervals. Every time the applicant enters the U.S. within the 5-year period, he or she gets a 2-year extension on his or her stay. Also, the applicant for an E visa can bypass the USCIS and can apply directly at the US consulate or embassy.

A: The entrepreneur must first demonstrate that he or she is a member of the professions, holding an advanced degree, or is an individual of exceptional ability. In order to obtain a national interest waiver, an entrepreneur, even if self-employed, must prove that he or she will serve the national interest to a substantially greater degree than do others in the same field having the same minimum qualifications for the job. For example, an entrepreneur who can demonstrate that his or her business enterprise will create jobs for US workers may qualify for a national interest waiver. The USCIS will look at the entrepreneur’s past record of accomplishments as well as other factors in making that determination.

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If your question is personal vs. general in nature, you may schedule a consultation with Mr. Kramer.

Please bear in mind that the answers to your questions are general in nature and are not to be relied on as legal advice for a specific legal matter.

Q: I read that the USCIS will soon process unlawful presence waivers in the U.S. for certain immdeiate relatives of U.S. citizens who are filing immigrant visa applications at a U.S. consulate abroad. Will applicants still have to attend an interview for the visa at the U.S. consulate and if so, how soon can they return to the U.S.? What happens if the waiver is denied?

A: Yes, the applicant will still have an immigrant visa interview scheduled at the U.S. consulate. If the waiver is approved, the applicant can immediately return to the U.S. assuming that…