Immigration processes in the United States are complex and often lengthy. Those applying for asylum or facing a court hearing may experience long waiting periods, changes in the law, and the need to keep their case information up to date. In this context, specific legal services have emerged to address these needs efficiently, such as strengthening Affirmative Asylum cases and immigration court representation.
Case strengthening is designed for individuals who have initiated an Affirmative Asylum process with USCIS and need to optimize or correct their application. In some instances, applicants have worked with attorneys or representatives who did not meet their expectations; in other cases, personal circumstances or conditions in their country of origin have changed, making it necessary to update the information.
This process may include:
• Evaluation and evidence gathering: A detailed case analysis to identify its strengths and weaknesses.
• Correction of errors on Form I-589: Adjustments to the already submitted application to accurately reflect the applicant’s history and circumstances of persecution.
• Updating information: Inclusion of any changes in the applicant’s personal situation or in their country of origin.
• Assistance for long-wait or recent cases: Applicable to those who have waited over 10 years for a resolution and those who have recently submitted their application.
The main objective is to strengthen the case presented to USCIS, improving the clarity and solidity of the information provided.
Another common scenario is receiving a summons to immigration court. In these situations, accessing a targeted representation service that provides legal support without hiring full representation from the beginning to the end of the process is possible.
Key aspects of this service include:
• Representation at the first hearing: Assistance during the initial appointment, case presentation, and answering the judge’s questions.
• Flexible engagement: Some firms offer flexible services, allowing the individual to decide, after the first hearing, whether they wish to continue with full-case representation.
• Prompt assistance: Designed for those who receive a court notice with short notice and need immediate support.
Asylum and immigration court processes can be overwhelming, especially when immigration laws are constantly changing or waiting times are long.
Having options such as case strengthening or targeted court representation offers immigrants a practical way to ensure their cases are correctly updated and presented in the best possible manner.
What is the difference between case strengthening and court representation?
Case strengthening focuses on improving your Asylum application with USCIS, correcting errors, updating information, and gathering additional evidence. Court representation focuses on providing legal assistance during immigration court hearings.
Can an Asylum case that is over 10 years old be strengthened?
Yes. This service is ideal for long-wait cases as well as recent applications. We review and update the information to reflect the applicant’s current situation and conditions in their country of origin.
What if I only need representation for a specific hearing?
Some firms allow hiring representation only for that hearing. Afterwards, the individual can decide whether to continue with full-case representation.
How do I know if my case needs strengthening?
If you worked with attorneys who did not meet your expectations, your application contains errors, or your situation has changed since submission, it is advisable to consider case strengthening.
Country | Estimated Time |
Citizens of Argentina, Colombia, Costa Rica, Honduras, Paraguay, Spain and Italy. | 60 months |
Citizens of Mexico | 48 months |
Citizens of France | 25 months |
Citizens of Finland | 24 months |
Citizens of Thailand | 6 months |
The E-2 investor visa can be renewed as often as needed, provided the business remains active and meets U.S. immigration requirements. U.S. immigration law does not specify a minimum investment amount to obtain an E-2 visa, but an investment close to $100,000 is recommended.
Additionally, if family members are in the U.S. and seek a change of status or an extension of stay as E-1 or E-2 dependents, they may apply with USCIS. Spouses who wish to work can apply for work authorization by submitting Form I-765 to USCIS.
The main difference between the E-1 and E-2 visas is that only citizens of certain countries can qualify for the E-1 visa. Some countries have an E-1 or E-2 treaty with the U.S., but not both. This means that a person from a country with an E-1 treaty with the U.S. but not an E-2 treaty can only apply for an E-1 visa.
The E-1 visa does not require a financial investment in a U.S. business. Instead, you must prove that trade between your country and the U.S. is substantial, typically valued at $100,000 annually. For the E-2 visa, you must demonstrate that you are investing significant capital in an active U.S. business likely to employ U.S. workers. The required investment varies depending on the type of business but is generally between $50,000 and $100,000.
While the E-1 visa does not require a five-year business plan, it is generally recommended that one be submitted. However, there is no requirement to demonstrate the likelihood of hiring U.S. workers shortly. In contrast, for the E-2 visa, a business plan is required for startups or businesses operating for less than two years. Additionally, E-2 visa applicants must demonstrate the ability to hire U.S. workers over five years.
The E-1 visa does not require the formation of a U.S. company. While you can apply as a treaty trader without forming a company, it is recommended that you establish one to register with the U.S. consulate abroad. However, for the E-2 visa, you must form a U.S. business. The requirements for creating a company may vary by state.
If you are considering applying for an E-1 or E-2 visa, proper guidance is crucial to ensure you meet all the requirements and fully benefit from these visa opportunities. Oasis Legal Group is here to support you every step of the way. With their expertise in immigration matters, they will help you make informed decisions and navigate the legal complexities effectively.
What requirements must I meet to apply for an E-1 Visa?
You must be a citizen of a country with a trade treaty with the U.S., and your principal trade must be between the United States and that country. Additionally, the trade must be substantial, with a continuous flow of international transactions.
Can I renew my E-1 or E-2 Visa?
Yes, both visas can be renewed indefinitely if the trade or investment meets the established requirements, such as maintaining the business and engaging in substantial activities.
Can I include my family in my E-1 or E-2 Visa application?
Yes, for both the E-1 and E-2 visas, you can include your spouse and unmarried children under 21. Your spouse will be able to work in the U.S., and your children will be able to study.
How long can I stay in the United States with an E-1 or E-2 Visa?
Initially, the visa is granted for up to 2 years (for the E-1) or 3 to 60 months (for the E-2, depending on the country). It can be renewed indefinitely as long as the requirements are met.
