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U.S. Immigration Articles

Articles and answers to common questions about family immigration, work and business visas, and U.S. citizenship.

I filed my N-400 under the three-year marriage rule, but my U.S.-citizen spouse and I may divorce before the oath ceremony. Can USCIS still approve me under that rule?

ByYoni Rubin
A: No, not under the three-year spousal provision if the divorce becomes final before the oath. The applicant must remain married to the U.S. citizen through naturalization, and separation can…

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Can I buy an existing U.S. business for an E-2, or do I have to start a company from scratch?

ByYoni Rubin
A: You can buy an existing business. E-2 is not limited to startups. What matters is whether the investment and enterprise meet the E-2 requirements, including substantial investment, lawful source…

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Can I visit the U.S. on B-1 to look at businesses I might buy for an E-2 visa?

ByYoni Rubin
A: Yes. You can come as a business visitor to examine or monitor a potential investment if you otherwise qualify for B status. But you cannot start actively running the…

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My OPT already ended and I was in the 60-day F-1 grace period when my employer filed a cap-subject H-1B change of status. Does cap-gap let me work again?

ByYoni Rubin
A: No. A qualifying cap-gap filing can extend your F-1 status during the gap, but if your OPT work authorization had already ended when the H-1B petition was filed, there…

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My spouse and I divorced before it was time to file the I-751. Is my green card case automatically over?

ByYoni Rubin
A: No. A conditional resident can ask to waive the joint-filing requirement if the marriage was entered into in good faith but later ended in divorce. The key issue becomes…

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This website is operated by Rubin Immigration LLC. Prior results do not guarantee a similar outcome. Contacting us does not create an attorney-client relationship and does not constitute legal advice. Licensed in New York. Practice limited exclusively to U.S. immigration and nationality law. Attorney Advertising.

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