EB-1 Visa Challenges

Immigration Attorneys Helping You Avoid Setbacks

USCIS challenges a significant number of cases by issuing Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). While no amount of effort can guarantee avoidance of an RFE or NOID given the high percentage of USCIS issuance of such challenges, the immigration attorneys at Hammond Neal Moore seek to anticipate what areas a USCIS officer might be inclined to attack an EB-1 case in, and to build the case in a fashion that anticipates such challenge and will be likely to withstand it.

At Hammond Neal Moore, we are dedicated to helping you throughout the process of pursuing U.S. residency. Our immigration attorneys can help set you up for success by guiding you through the process from start to finish, offering advice that can reduce the possibility of being challenged or denied by U.S. Citizenship and Immigration Services.

 

Helping You Avoid Challenges & Denials

Immigrating to the U.S. is undoubtedly challenging, and there are several hoops to jump through. There are also many hidden circumstances that can become setbacks in your application.

When filing for an EB-1 visa, the following factors can impact the process:

• J-1 Visa: If you currently have a J-1 visa, there may be a foreign return requirement that mandates that you must first return to your country of citizenship for two years before filing for an EB-1 visa. Our immigration attorneys can help you navigate through this process
• Criminal record: When granting permanent residency, USCIS takes into consideration your criminal record. Even if your convictions have been sealed, it is recommended that you allow Hammond Neal Moore to evaluate your record
• Spouse’s work status: Some dependent statuses prohibit your spouse from working without proper authorization. If your spouse is currently working despite the status prohibition, your application could be denied
• Children Aging Out: Be aware that children can age out at 21 years of age unless you either become a permanent resident by then or get to a certain stage that affords them protection under the Child Status Protection Act

While it is impossible to guarantee that your application will not be challenged by USCIS, there are steps you can take to help avoid an unfavorable result. Our firm has over 25 years of experience to provide you the legal representation that you need.