adjustment of status

H-1B and E-3 Visa

Can I Change Employers While My I-485 Application Is Pending?

Learn the risks and benefits of switching employers with a pending I-485 application for a green card while holding H-1B status.

Khadija DerrickDecember 2, 2024

A couple of corporate workers consulting notes on a tablet

E-2 Visa

Can You Apply for an E-2 Visa with a Pending I-140 Petition?

You can pursue an I-140 while on an E-2 visa, but timing and strategy are crucial to avoid issues with immigrant intent and visa renewals.

Khadija DerrickNovember 6, 2024

TN Visa

Transitioning from a TN Visa to a Green Card: A Strategic Overview

Explore the transition from TN Visa to green card: understand the process, strategic considerations, and how to navigate your path to U.S. residency.

Khadija DerrickMarch 14, 2024

Uncategorized

My marriage-based green card petition was filed with USCIS. What should I expect next?

This blog post summarizes the next steps that happen after your marriage based green card is filed with USCIS.

Khadija DerrickJanuary 2, 2024

Family Immigration

USCIS Expands Validity Period of EADs to Five Years

USCIS increased the maximum validity period for Employment Authorization Documents (EADs) to five years.

Khadija DerrickOctober 3, 2023

Two employees working at their new employment

Uncategorized

Can I request to transfer the basis of my pending I-485 adjustment of status (AOS) to a new employment-based petition (I-140)?

It may be possible to request transfer of an I-485 based on one pending or approved I-140 to be based on another pending or approved I-140.

Khadija DerrickJuly 26, 2023

Questions & Answers Uncategorized

Should I check Consular Processing or Adjustment of Status on my I-140 petition?

Unless you are planning to do a concurrent filing with Form I-140 and I-485, it is generally better to check the consular processing option on your I-140 petition.

Khadija DerrickJuly 18, 2023

Immigration

My spouse is a U.S. citizen. Can I enter on an ESTA/B2 visa?

If you are a foreign national and your spouse is a U.S. citizen, you can certainly qualify for a Green Card under the immediate relative category.

Khadija DerrickApril 4, 2023

Immigration

Answering Criminal Questions on USCIS Immigration Applications

Any circumstance where a noncitizen is applying for an immigration benefit, the noncitizen should answer questions honestly and should make sure he is understanding what a question is asking.

Khadija DerrickMarch 27, 2023

Immigration

The total circumstances that USCIS will consider when making a public charge determination under the 2022 rule

A noncitizen would be considered a public charge if the Department of Homeland Security, “DHS” determines based on a totality of the circumstance based analysis that a noncitizen is likely to become primarily dependent on the government for subsistence.

Khadija DerrickMarch 23, 2023

Immigration

Green Card Process for Certain Afghan nationals who have helped the U.S. Government

The Afghan Allies Protection Act of 2009, Section 602(b) (AAPA), is a special immigrant program which authorizes the issuance of Special Immigrant Visas (SIVs) to eligible Afghans who were employed by or on behalf of the U.S. government.

Khadija DerrickFebruary 10, 2023

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

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

Can I Change Employers While My I-485 Application Is Pending?

Can You Apply for an E-2 Visa with a Pending I-140 Petition?

Transitioning from a TN Visa to a Green Card: A Strategic Overview

My marriage-based green card petition was filed with USCIS. What should I expect next?

USCIS Expands Validity Period of EADs to Five Years

Can I request to transfer the basis of my pending I-485 adjustment of status (AOS) to a new employment-based petition (I-140)?

Should I check Consular Processing or Adjustment of Status on my I-140 petition?

My spouse is a U.S. citizen. Can I enter on an ESTA/B2 visa?

Answering Criminal Questions on USCIS Immigration Applications

The total circumstances that USCIS will consider when making a public charge determination under the 2022 rule

Green Card Process for Certain Afghan nationals who have helped the U.S. Government

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

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

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