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.
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.
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.
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.
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…
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.
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.
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.
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.
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…
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.
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…
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.
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.
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…
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.
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.
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.
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?
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