EB-1A RFE: How to Respond and Win Your Case (Even If You Filed Yourself)

Getting a Request for Evidence (RFE) on your EB-1A Extraordinary Ability petition can feel stressful but it is not a denial. In fact, many EB-1A cases are approved after an RFE when the response is handled strategically and supported by the right legal arguments. At The Messersmith Law Firm, we routinely turn EB-1A RFEs into … Read more

Can E-2 Visa Holders Apply for a Green Card? (Yes — Here’s How)

Many E-2 treaty investors believe that they can never apply for a green card because the E-2 is a nonimmigrant visa that requires an intent to depart. But that’s only half the story. In reality, E-2 visa holders can and do obtain US permanent residency through several immigrant visa (green card) options. At The Messersmith … Read more

Order of Removal Under Section 235(b)(1): What It Means and How to Fight It

Being stopped at a US airport or land border and denied entry by Customs and Border Protection (CBP) can be frightening and confusing. In many cases, travelers are issued an Order of Removal under Section 235(b)(1) of the Immigration and Nationality Act (INA) and given forms I-860 or I-867A/B documenting the removal. This is known … Read more

I-539 Denied — What Happens Next and How to Fix It

If your Form I-539 (Application to Extend or Change Nonimmigrant Status) was denied by USCIS, you may be wondering what happens next and whether you can stay in the United States. The good news is that a denial doesn’t always mean the end of your stay but timing is critical. Acting quickly with the right … Read more

How to Overcome the 10-Year Bar with a 212(a)(9)(B) Unlawful Presence Waiver

If you’ve been told you’re barred from entering the United States for 3 or 10 years because of unlawful presence, you’re not alone and there is hope. Many people who overstayed their visa, fell out of status, or entered without inspection can still reunite with their families or return legally through a 212(a)(9)(B) waiver, also … Read more

EB-1A Green Card for Startup Founders, CEOs & CTOs

Entrepreneurship is the backbone of US innovation. If you’re a Startup Founder, CEO, or CTO driving technological, economic, or social impact, you may already qualify for the EB-1A Extraordinary Ability Green Card. No awards, publications, or PhD required. This guide breaks down how business leaders and startup innovators can self sponsor for U.S. permanent residency … Read more

H-3 Visa: A Smart Alternative After the 2025 H-1B Fee Increase

On Friday, Sept. 19, 2025, President Donald J. Trump signed a Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” that took an important, initial, and incremental step to reform the H-1B visa program to curb abuses and protect American workers. This Proclamation: Further steps that will be taken to reform the H-1B program, as contemplated … Read more

Shoplifting and Green Card: How a Theft Charge Can Affect Your Immigration Status

If you’re an immigrant or green card holder who has been charged with shoplifting, you are not alone and you’re right to be concerned. While many see shoplifting or petty theft as a minor offense, in US immigration law, it can have serious and lasting consequences. At The Messersmith Law Firm, we’ve helped countless clients … Read more

E-2 Visa Denials Rise in 2025: USCIS Tightens Standards for Economic Impact

In 2025, USCIS has raised the bar for E-2 investor visa approvals. It’s no longer sufficient for an investor’s business to merely support their own livelihood. The enterprise must now show a measurable economic impact within the United States. We’ve received many inquiries recently in Requests for Evidence (RFEs) and E-2 visa denials citing one … Read more

DUI and Green Card: Can a DUI Affect My US Immigration Status?

A DUI (Driving Under the Influence) arrest can be terrifying, especially if you’re a green card holder, visa holder, or immigrant applying for permanent residence. The good news? A single DUI doesn’t automatically mean deportation or green card denial. But depending on your case especially if injuries, drugs, or repeat offenses are involved it can … Read more