Recording for October 05, 2023 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Discussion Topics:
Discussion Topics:
Release Date
10/20/2023
U.S. Citizenship and Immigration Services has issued policy guidance (PDF, 311.12 KB) in the USCIS Policy Manual clarifying that a sole proprietorship may not file a petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner.
Community members and our lawyer colleagues have shared their stories. It appears:
1. The NTAs are getting resolved quickly, where you are still in the grace period and/or have a B-type petition pending. Motions to terminate are working.
2. The hearing dates are also being given in a few days or weeks.
3. The percentage of NTAs is relatively small.
Can I receive a Notice to Appear (NTA) for deportation even if I have legal immigration status or a pending application?
This question is particularly important because continued accrual of unlawful presence during removal proceedings can trigger the three-year or ten-year bars, severely limiting future immigration options.
General Rule: Yes, Unlawful Presence Continues