Some non-citizens who are granted Temporary Protected Status (TPS) originally entered the U.S. without inspection and were therefore not considered to be admitted or paroled into the country. Since admittance or parole is a requirement for adjusting status to lawful permanent resident, the lack of inspection has prevented some TPS beneficiaries from successfully applying for […]
Learn MoreAn employment-based green card is an excellent solution for many foreign nationals who wish to live and work in the United States and for U.S. employers who wish to employ them. However, applying for an employment-based green card is a complex, multi-step process. Below are answers to some frequently asked questions. Which category of employment-based […]
Learn MoreIf you are a U.S. employer who wishes to hire foreign nationals to work in the United States, there are several potential options. Depending on the circumstances, one of the temporary work visa programs, such as H-1B for workers in specialty occupations, H-2A for agricultural workers or H-2B for non-agricultural temporary workers, may be a […]
Learn MoreIf you are a U.S. citizen or legal permanent resident and your spouse lives outside the United States, you can apply for a green card for your spouse through a three-step process. Below is a breakdown of the steps and the time frames, which can vary based on several factors. It’s a complex, lengthy application […]
Learn MoreIf your green card is based on marriage to a U.S. citizen or lawful permanent resident, you are considered a conditional permanent resident if the marriage was less than two years old on the day your green card was granted. Your conditional green card is valid for two years and, before it expires, you must […]
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About 140,000 employment-based immigrant visas are available each year for noncitizens who wish to live and work permanently in the United States. In most cases, a U.S. employer will need to sponsor your immigration and initiate the multi-step application process. A crucial step is Labor Certification, a process commonly referred to as PERM, which seeks […]
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If you entered the U.S. legally and are married to a U.S. citizen you may be eligible to apply for adjustment of status (permanent residency). You begin the process by filing Form I-130, along with Form I-485, and the required supporting documents. When everything is filed properly, the United States Citizenship and Immigration Services (USCIS) […]
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If you are undocumented and entered the U.S. without inspection, but your spouse or parent is a U.S. citizen or permanent resident, you may be able to obtain your green card by proving that your removal from the country would result in extreme hardship to your qualifying family members. Applying to waive inadmissibility based on […]
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In his first days in office, President Joseph Biden has taken aggressive action to reform immigration and re-establish the United States as a beacon to newcomers. The new president signed several executive orders and sent a sweeping reform bill to Congress aimed at reversing many of the immigration policies of the previous administration and creating […]
Learn MoreFor adjustment of status, the applicant has the burden of demonstrating eligibility, including that a favorable exercise of discretion is warranted.1 If the applicant otherwise establishes eligibility and USCIS finds the positive discretionary factors in a particular case outweigh the negative factors, the officer should exercise favorable discretion and approve the adjustment application. Conversely, if the […]
Learn MoreProgram Overview The Department of State annually administers the statutorily-created Diversity Immigrant Visa Program. Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants” from countries with historically low rates of immigration to the United States. For Fiscal Year 2022, up to 55,000 Diversity Visas (DVs) […]
Learn MoreOn November 3, 2020, the Seventh Circuit has issued an administrative stay of the N.D. of Illinois decision to vacate the DHS Public Charge Final rule pending an appeal which is effective immediately. Accordingly, adjustment of status applications must be filed with the Form I-944. We will continue to monitor the situation and provide any updates. If […]
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