adjustment of status

Immigration

Green Card for Surviving relatives of U.S. Citizen Service Members

The spouse, child or parent of a U.S. Citizen may be eligible for adjustment of status to legal permanent resident “LPR” status also known as a green card if the family member of the U.S. service member is considered an…

Khadija DerrickNovember 17, 2022

Immigration

What are the potential risks in traveling on advanced parole?

Finally, travel on Advanced Parole can have negative effects on noncitizens that hold a nonimmigrant visa where re-entry on the parole document may result in losing of the benefit and status of such a visa.

Khadija DerrickOctober 20, 2022

3 people gathered around a computer, looking at information

Immigration

Is it appropriate for USCIS to apply its new July 1, 2022 policy in considering whether a TPS authorized travel is as an inspection and admission?

The criteria to determine appropriate application of the current July 1st, 2022 policy is substantially based on law articulated in the federal district court decision.

Khadija DerrickOctober 13, 2022

Immigration

What is Advanced Parole?

Advance parole is a travel document issued by the U.S. Citizenship and Immigration Services, “USCIS” that authorizes certain noncitizens inside the United States to depart and return to the United States after temporary travel abroad.

Khadija DerrickOctober 13, 2022

A traveller looking out an airplane window at a city view

Immigration

Can I travel on a different visa while awaiting my green card application within the U.S.?

If you have a pending adjustment of status application to obtain legal permanent resident status or a green card, you need to be careful if you are considering travel outside the United States while the green card application is pending.

Khadija DerrickOctober 13, 2022

Immigration

Can a TPS holder who traveled on parole before USCIS’s 2022 policy change still qualify for adjustment of status?

This new policy centered around USCIS’s new interpretation of rules where they concluded that a TPS beneficiary who travels with proper travel authorization is considered an alien that is admitted and inspected into the United States potentially qualifying for a…

Khadija DerrickOctober 12, 2022

Two men meeting in an office, shaking hands

Immigration

245(k) Exemption and Adjustment of Status

If you are adjusting your status under certain employment based green card categories and you committed certain immigration violations, you may still be able to adjust your status if you fall under the 245(k) exception.

Khadija DerrickSeptember 23, 2022

A happy family enjoying themselves on their couch

Immigration

The Return of Adjustment of Status for TPS Holders who Travel on Advance Parole

The last two years have seen significant developments resulting in changes in the interpretation of law by the United States Citizenship and Immigration Service, “USCIS” that has affected a beneficiary of Temporary Protected Status, “TPS” and the potential path towards…

Khadija DerrickAugust 29, 2022

A woman considering the answers to her questions

Deportation & Humanitarian Immigration Immigration

Does an individual with a pending adjustment of status application continue to accrue unlawful presence?

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.

Khadija DerrickAugust 15, 2022

A group of business men and women holding gears in cooperation

Immigration

EB5 Applicants Now Benefit from Section 245(k)

One of the changes from the EB-5 Reform and Integrity Act of 2022 is that EB-5 applicants can now benefit from INA 245(k) which can make it easier to adjust status in the U.S.

Khadija DerrickJuly 26, 2022

a pen, notebook, phone and laptop on a desk

Immigration

Exceptions to the Bars to Adjustment of Status

While not all noncitizens who appear to qualify to apply for a green card through Adjustment of Status will actually qualify due to the fact that the noncitizen may be exposed to an underlying bar to the Adjustment of Status…

Khadija DerrickFebruary 18, 2022

A man sitting in a cafe working on his tablet

Immigration

Bars to Adjustment of Status

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.

Khadija DerrickFebruary 17, 2022

Immigration

Portability – Changing Jobs while Adjustment of Status is Pending

Portability allows certain employment-based adjustment of status applicants to change jobs. The new job must be in the same or a similar occupational classification.

Khadija DerrickJanuary 28, 2022

Two employees high fiving each other in the work hallway

Immigration

Portability – Changing Jobs while Adjustment of Status is Pending

Portability allows certain employment-based adjustment of status applicants to change jobs. The new job must be in the same or a similar occupational classification.

Khadija DerrickDecember 17, 2021

Immigration

Qualifying for adjustment of status pursuant to section 245(i)

Is qualifying for adjustment of status pursuant to section 245(i) of the immigration laws still possible if the I-130 reflects a priority date after April 30, 2001?

Khadija DerrickOctober 5, 2021

Immigration

What is a Supplement J?

When filing an employment based Adjustment of Status, you may also have to submit a Supplement J form.

Khadija DerrickSeptember 24, 2021

Immigration PERM

PERM Process: When Should I File I-140 & I-485 Petitions?

The US company should file the I-140 petition within 180 day period after the Labor Certification was certified.

Khadija DerrickSeptember 23, 2021

US flag, passport and Permanent Resident Card

Immigration

I Have an Advance Parole, Do I Need a National Interest Exception?

If you have a green card petition pending and you obtained your Advance parole card based for example on marriage to U.S. citizen or green card holder, you do not need to apply for a National Interest Exception.

Khadija DerrickJuly 14, 2021

Immigration

Adjustment of Status Work Permits Extended to Two Years

USCIS has announced on June 11, 2021 that work permits (employment authorization cards) for those applying for adjustment of status can now be issued for a maximum of two year.

Khadija DerrickJune 30, 2021

Approvals Immigration

Immediate Relative Adjustment of Status Approved!

We just had an Adjustment of Status approval with the U.S. Citizenship and Immigration Services. The applicant is a father of a U.S. citizen.

Khadija DerrickMay 25, 2021

Deportation & Humanitarian Immigration Family Immigration Immigration

Adjustment of Status under the benefit of section 245(i) of the Immigration and Nationality Act.

I currently have no legal immigration status in the United States and after years of working with my current employer, my current employer wants to help me obtain my green card. Is it true that I might be able to…

Marijan PetrovskiFebruary 16, 2021

Courtesy of Wikimedia, labeled for reuse: https://upload.wikimedia.org/wikipedia/commons/thumb/d/d5/Flag_of_the_President_of_the_United_States_(1902-1916).svg/2000px-Flag_of_the_President_of_the_United_States_(1902-1916).svg.png

Deportation & Humanitarian Immigration H-1B and E-3 Visa Immigration White House & President Immigration News

What impact will a Biden/Harris administration have on current immigration policy?

On November 7, 2020, Joseph R. Biden Jr. became the President-elect of the United States & Kamala Harris became the United States Vice President-elect. For the past four years President Trump’s administration has made a series of drastic changes to…

Jenny ZhanNovember 9, 2020

Creative Commons photo by Wilerson S. Andrade - labeled for reuse. https://www.flickr.com/photos/will_spark/8603567984

Family Immigration Immigration

What is advance parole? When would I need to apply for advance parole?

If you are applying for a green card either through a family or employment basis, it may take several months (or even years, depending on your basis for filing the green card application) for USCIS to adjudicate your Adjustment of…

Jenny ZhanAugust 27, 2020

COVID-19

What Will Happen if USCIS Furloughs 70 Percent of Their Staff?

USCIS announced that its planning to furlough of 70% of its employees on August 31 unless Congress acts on the agency’s $1.2 billion emergency funding request. Since March, USCIS has seen a 50% drop in receipts and incoming fees and…

Jenny ZhanAugust 21, 2020

Family Immigration Immigration

Department of Homeland Security Public Charge Rule Reinstated for all States Except for Vermont, Connecticut, and New York

On July 30, 2020, New York District Court Judge George Daniels issued a nationwide preliminary injunction on the public charge rules. On August 12, 2020, a Second Circuit Court of Appeals order limited the nationwide injunction to Vermont, Connecticut, and New…

Jenny ZhanAugust 18, 2020

Green Card for Surviving relatives of U.S. Citizen Service Members

What are the potential risks in traveling on advanced parole?

Is it appropriate for USCIS to apply its new July 1, 2022 policy in considering whether a TPS authorized travel is as an inspection and admission?

What is Advanced Parole?

Can I travel on a different visa while awaiting my green card application within the U.S.?

Can a TPS holder who traveled on parole before USCIS’s 2022 policy change still qualify for adjustment of status?

245(k) Exemption and Adjustment of Status

The Return of Adjustment of Status for TPS Holders who Travel on Advance Parole

Does an individual with a pending adjustment of status application continue to accrue unlawful presence?

EB5 Applicants Now Benefit from Section 245(k)

Exceptions to the Bars to Adjustment of Status

Bars to Adjustment of Status

Portability – Changing Jobs while Adjustment of Status is Pending

Portability – Changing Jobs while Adjustment of Status is Pending

Qualifying for adjustment of status pursuant to section 245(i)

What is a Supplement J?

PERM Process: When Should I File I-140 & I-485 Petitions?

I Have an Advance Parole, Do I Need a National Interest Exception?

Adjustment of Status Work Permits Extended to Two Years

Immediate Relative Adjustment of Status Approved!

Adjustment of Status under the benefit of section 245(i) of the Immigration and Nationality Act.

What impact will a Biden/Harris administration have on current immigration policy?

What is advance parole? When would I need to apply for advance parole?

What Will Happen if USCIS Furloughs 70 Percent of Their Staff?

Department of Homeland Security Public Charge Rule Reinstated for all States Except for Vermont, Connecticut, and New York

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