Success in filing a nonimmigrant religious worker (R-1) petition

We  assisted our client, a nonprofit religious organization, in filing a nonimmigrant religious worker (R-1) petition for a new pastor.  We received a Request for Evidence (RFE) in which USCIS questioned the petitioner's ability to compensate the beneficiary. We responded with additional documentation supporting Petitioner’s ability to pay and its nonprofit status, such as bank statements and a final determination letter granting tax-exempt status as issued by the IRS. The case was approved.
 

Status
The case was approved.

Nonimmigrant Visas

Immigration Law

Success in filing a petition for an E-2 Treaty Investor

We assisted our client in filing an E-2 change of status application for treaty investor. USCIS issued an RFE requesting information to determine if petitioner met the general requirements for E-2 Treaty Investor, without specifying in the RFE which specific information was missing. The RFE also requested information about a prior filed EB-5 petition, and questioned whether the client was maintaining current nonimmigrant status.

Status
The petition was approved.

Nonimmigrant Visas

Green Card

Immigration Law

March 31, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, March 31, 2022:

FAQ: Impact of criminal misdemeanor case on an F-1 or any status || Protecting immigration status: Traveling with advance parole, divorce proceedings and an entrepreneur on H-1B visa

L-1A individual visa interview waiver

Question details

I had L-1B individual visa which was rejected during the extension process about 2 years back and my company filed fresh L-1A individual petition after I came back to India which is approved now. Does my case for L-1A individual visa qualifies for visa waiver? Note that : I also had H1-B denial after it was picked in lottery in RFE process before L-1B was approved.

It appears that you may not qualify for an interview waiver because you had an H one B denial that was never overcome.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Format for non-availability of birth certificate letter

Question details

I received an RFE for the delayed Birth Certificate Registration, since I would not be able to provide the original birth certificate from the birth year, what are the other options I can look into to receive the letter from the municipal authorities, is there any format I would need to get the letter from the municipal office.

There is no specific format for a non-availability certificate from the local administration. It can be a letter with the official stamp, a letter on their letterhead, or a specific form that the local administrations have created for their own use. You should get one.

Travel to the U.S on H-4 visa for a non-minor

Question details

My H-1B Visa is valid till Sep 2023. My son who is currently in India had also stamped his H-4 visa. However, he is now over 21 years of age. Can he travel to US to visit us on the same visa or he has to apply for a B-2. 

I do not see how an aged-out child can travel on a derivative visa.

FAQ Transcript

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com