TONDINI LAW BLOG

In USCIS Volume 7 of its Policy Manuel lies the roadmap for Adjustment of Status (AOS) using INA 245(i), a provision that opens doors for certain individuals disqualified otherwise to seek adjustment. For instance, people who migrated to the United States under “Entry...

The EB-1A, part of the Employment-Based First Preference Category, offers a pathway to a green card for those demonstrating extraordinary abilities in fields such as sciences, arts, education, business, or athletics. Below are several compelling reasons why the EB-1A...

On June 18, 2024, President Biden announced a groundbreaking new program to allow certain spouses of U.S. citizens to apply for “parole-in-place” and introduced new measures to facilitate work visas for Dreamers. This blog provides a comprehensive summary of these...

What is Expedited Removal? Expedited Removal (ER) is a process used by U.S. Customs and Border Protection (CBP) to quickly deport individuals who are found inadmissible to the United States. This procedure allows immigration officers to remove certain non-citizens...

My life's journey has been a testament to the power of resilience, determination, and pushing boundaries. This year, I am celebrating significant milestones in my career and personal life, highlighting the remarkable achievements I have attained through hard work and...

What is Citizenship through Investment? Citizenship through investment, also known as economic citizenship or citizenship by investment, is a process by which individuals can acquire citizenship of a foreign country by making a substantial financial investment in that...

What Is E2 Investor Visa? The E2 visa is a nonimmigrant visa category that allows foreign entrepreneurs and investors to enter and work in the United States based on their investment in a U.S. business. The E2 visa is designed to facilitate investment and trade...

On February 17, 2023, U.S. Customs and Border Protection (#CBP) announced that the office “has engaged in a series of business transformation initiatives aimed at modernizing our processes, enhancing security, optimizing existing resources, reducing operating costs,...

The E-2 nonimmigrant visa allows a national of a treaty country  to be admitted to the United States when investing a substantial amount of capital in a U.S. business. This visa also allows to bring certain employees of the investor or of a qualifying...

The United States is known as the land of the opportunities and the greatest country in the world. Many individuals from around the world seek to live and work here permanently. Each year, thousands of nonresident aliens are gainfully employed in the United States....

The US State Department website indicates that as of today, there are four countries designated as State Sponsors of Terrorism: Cuba, the Democratic People’s Republic of Korea (North Korea), Iran, and Syria.  Travelers could find they most likely be denied entry...

It is common that a child born in the United States (U.S.) from parents who are or are not U.S. citizens, moves with his/her parents abroad or to the parent’s home country. Several years later, that U.S. citizen child, delivered a child abroad.  The question is,...

Becoming a citizen of the United States through naturalization is a process in which a non-U.S. citizen voluntarily becomes an American citizen. To apply for naturalization to become a U.S. citizen, these are the general requirements: Be at least 18 years of age at...

The US employment-based visa system allows foreign workers to enter the United States, for employment purposes, on a temporary or permanent basis, depending on the type of visa.  These visas have different requirements, length of time, and some of them are also...

U.S. immigration law makes visas available to immigrant investors seeking to enter the United States to engage in new commercial enterprises that benefit the U.S. economy through job creation and capital investment. The two most common – and quite different-...

Foreign entrepreneurs are a significant part of our country and economy. They organize and operate a business or businesses, taking on greater than normal financial risks to do so.  More than 40 percent of the Fortune 500 companies were founded by...

Immigration law is vast, complex, and constantly changing. It is critical for immigrants and their family members to choose the right immigration attorney to handle your case. Lawyers not only should have a basic understanding of the immigration law and key related...

I am excited to announce that I will be speaking at the American Immigration Lawyers Association (AILA) 2021 Annual Virtual Conference. I will be presenting at the panel titled Non-Immigrant Visas and will focus on E-1 and E-2: Treaty Traders and Investors and I...

There are several forms of green card sponsorship through employment that begin with the Program Electronic Review Management (PERM) labor certification. This labor certification is the first step in the employment-based sponsorship process and is...

Succession planning for businesses establishes an exit strategy for retirement which includes a succession plan, transferring ownership of the business, and paying taxes. Why Is Succession Planning Important to a Business? Any business owner with a successful...

I have represented several and diverse foreign investors who started a new business in the U.S. and are now -or are in the process of becoming- Lawful Permanent Residents of the United States. The path from initial investment L-1A New Office to Green Card requires...

President Biden’s proposed US Citizenship Act of 2021, is being sent to the Congress, with the goal of restoring humanity and American values to the immigration system. If passed, it would be the most significant immigration reform since the Immigration Reform and...

If you are a small business owner or you are planning to start a business, you may have some preliminary concerns to address at an early stage of the execution of your business plan. One of these preliminary questions is what type of legal entity may be best for you....

In 1941, President Franklin D. Roosevelt delivered his famous “The Four Freedoms” speech, in which he proposed four human freedoms that people “everywhere in the world” ought to enjoy: Freedom of speech and expression; freedom of religion; freedom from want; and...

With an extensive background in corporate, business, and immigration law, one of my passions is to represent foreign investors and entrepreneurs who are brilliant in business, sophisticated professionals, and hardworking and challenging individuals willing to inject...

Managing a business and practicing business law run in my DNA. I grew up in a family of attorneys and business owners. From an early age, I saw my grandfather and my parents running wine related businesses, while having full-time law practices. I have spent over 20...

WHAT IS NEW? USCIS has adopted the Administrative Appeals Office (AAO) decision on Matter of Z‑R‑Z‑C. that affects Temporary Protected Status (TPS) who traveled abroad and re-entered. WHAT DOES THIS MEAN? The decision holds that: A Temporary Protected...

COVID 19 pandemic has changed our lives, our ability to move, travel, socialize. I feel fortunate that, during this challenging time, I have uninterruptedly managed my law practice and stayed physically active. Living in an open residential and coastal area has given...

USCIS has shut down printing of documents evidencing legal status and work authorization for immigrants and nonimmigrants, including green cards and employment authorization documents (EAD), in Corbin, KY, weeks ago, and USCIS has scaled back printing at the second...

The Trump administration has agreed to rescind a directive that would have barred foreign students from the United States if their colleges canceled in-person instruction during the COVID-19 pandemic, following lawsuits by a number of universities and states. For more...

The Immigration Preparedness Toolkit is a resource-packed informational document, prepared by ILRC, designed to help immigrants with no legal status or in mixed status families begin to understand the immigration legal landscape and plan for their own journey through...

On our birthday, we are showered with gifts and wishes from family, friends, colleagues, co-workers, acquaintances. After all, it is a special day to celebrate and it has a special place in our hearts.   Love and affection are the forces that bring us...

We want to congratulate our business client on the approval of the I-140 petition for an alien worker. We filed this petition for an International Manager EB-1C visa category with US Citizenship and Immigration Service in June 2019. The petition was approved on...

BREAKING NEWS In an Executive Proclamation issued today 4/22/2020, President Trump has suspended for 60 days effective 4/23/2020 the entry into the United States of individuals seeking immigration status, within the parameters specified in the Executive Proclamation,...

Succession planning for businesses establish an exit strategy for retirement which includes a succession plan, transferring ownership of the business, and paying taxes. Reasons Your Business Should Have a Succession Plan Having a succession plan in...

El 14 de agosto de 2019, DHS publico la Regla Final relacionada con la causal de inadmisibilidad por carga pública, de acuerdo a la sección 212 (a) (4) de la Ley de Inmigración y Nacionalidad.  El siguiente es un resumen de la nueva regla que entrara en vigencia...

“La remoción acelerada ( “expedited removal”) es un proceso rápido y sumario para remover a ciertos no ciudadanos sin una audiencia ante un juez de inmigración. Por ley, la remoción acelerada se aplica únicamente a las personas que son inadmisibles: personas...

The Supreme Court , once again, did not act on the Trump administration’s effort to end the Deferred Action for Childhood Arrivals program, leaving protections for nearly 700,000 undocumented immigrants who came to the US as children in place for at least the...

Several significant laws went into effect in California on January 1, 2019.  The laws are related to Workplace Rights, Criminal Justice & Public Safety, Environmental & Heath Laws. Some significant Bills are: SB 826 requires that all...

The US Department of Homeland Security announced a proposed rule that will impact H1B visa petitions cap-subject. The Merit-Rule proposes, among other changes, that all petitioners seeking to file H-1B cap-subject petitions will have have to first electronically...

Immigration waiting periods, enabling legal re-entry into the United States typically last between 18-24 months. For one Mexican woman, this timeframe was potentially heartbreaking. Her husband was dying of Stage 4 brain cancer and was in hospice care in the U.S. He...

The Operating Agreement of a Limited Liability Company (LLC) contains the fundamental understanding among its members from how the company will operate to the members’ respective rights and obligations, such as issues like voting, ownership and management rights, exit...

US District Judge Jon Tigar on Monday temporarily blocked federal authorities from denying asylum claims from immigrants who have illegally crossed the US-Mexico border, noting the rule would increase dangers for asylum-seekers. “Whatever the scope of the President’s...

Attorney Silvina Tondini will be speaking about “Immigration in the Trump Era: policies, laws and trends affecting immigrants and families” on November 29, 2018 at the Vista County Library. The event is organized by the San Diego North County Bar Association, San...

“These materials provide guidance for educators and other professionals working with immigrant parents to be able to conduct family preparedness workshops. Family preparedness workshops help families engage in contingency planning for their children, in the event of...