An individual with a properly filed pending application to adjust status does not accumulate unlawful presence while the application is pending, but would begin to accumulate unlawful presence starting on the day after the application is denied.
It is possible to abandon a green card by filing the USCIS Form I-407. Those who plan to abandon their green card should be aware of potential consequences, including tax consequences.
Recent changes to the USCIS Policy Manual provided important guidance about alternative forms of evidence entrepreneurs can use to qualify for the NIW green card.
We just had a green card approval at the USCIS Field Office in New York City for a spouse of a U.S. citizen. The conditional green card was approved for a period of 2 years
Obtaining a green card through a spouse who is either a legal permanent resident or U.S. Citizen maybe possible, but there are several factors you need to understand before moving forward with this process.
Green card applicants who apply from within the U.S. go through a process called adjustment of status. Applicants who apply from abroad go through a process called consular processing at a U.S. Consulate.
Adjustment of Status is the process where a noncitizen is permitted to apply for legal permanent resident status, a “green card” while present in the United States.
This issue may still be open to litigation since it is not always clear whether housing provided by an employer is a typically expected benefit like wages, health insurance and vacation days.
The goal in preventing deportation/removal is not to avoid departure from the United States, but to facilitate the green card under the difficult circumstances presented by a deportation court case.
Keep in mind that not all noncitizens facing deportation/removal cases will qualify for a green card or even if eligible for a green card qualify for a green card through the adjustment of status process.
One of the benefits of obtaining a U-Visa other than being protected from removal and receiving work authorization for a period of four years, is the fact that a U-Visa beneficiary after maintaining such status for a period of three…
Applicants with pending green card applications can apply for emergency travel documents or ask for an expedited decision on their I-131 application if they need to travel before their I-131 has been approved.
It is possible, but not recommended, to pursue PERM employment-based green cards if the sponsoring company is owned by a family member of the foreign worker, or by the worker himself.
A U.S. LPR trying to return after a long absence may be deemed to have abandoned their green card and face immigration court proceedings. Apply for a re-entry permit or returning resident visa (SB-1) to avoid this.
EB-1A green card is a green card for people that have arisen to the top of their profession and a great advantage is that they can file a self-petition.
Foreign workers can get green cards under the EB-3 skilled workers category for jobs that require at least 2 years of job experience, education or training.
Scott Legal, P.C. keeps up to date on the issues related to the practice areas we specialize in. We also regularly publish articles in this blog so that we can share that information with you. Please feel free to contact us and ask us any questions you have about our posts. Also, please feel free to comment in the comment section and/or share the posts with friends and family on Facebook, Twitter and Linkedin.
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