Contrary to popular belief, once you receive your green card through employer sponsorship, there is no minimum length of time you are required to work for your sponsoring employer.
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An overview of the green card test and substantial presence test, the two tests the IRS uses to determine whether a foreign national is a resident or nonresident alien for…
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An overview of how the U.S. taxes foreign nationals who are present in the United States, including both resident and nonresident aliens.
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Approval of Green Card based on the Haitian Refugee Immigration Fairness Act (HRIFA)
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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…
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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…
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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.
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US citizen can sponsor his/her parents for a green card either through Consular Processing or via Adjustment of status.
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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…
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Applying for an immigration status is not as simple as just filling out and mailing the appropriate immigration form and paying the required fee.
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Past criminal violations will certainly create significant problems for noncitizens attempting to obtain a green card.
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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…
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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…
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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.
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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…
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The rule of thumb is that any unusual economic benefit should be listed in the PERM recruitment.
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Scott Legal, P.C. is happy to announce, we had another family based green card approval.
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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.
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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…
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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…
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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…
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Sponsors can use assets to meet the financial requirements for sponsoring a family member for a green card.
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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…
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Yes, there are several issues to be aware of in attempting to obtain a green card when you are living without status in the United States.
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Can I keep my US Green Card holder status even while living in another country for more than 1 year?
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…
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