The consular processing option and adjustment of status option have different advantages and disadvantages such as ease of international travel, extending one’s stay in the US, and US work authorization.
Scott Legal P.C. just had a green card approval through an adjustment of status (I-485) petition based on an EB1A (extraordinary ability) I-140 petition.
USCIS has recently clarified this requirement stating that noncitizens with asylum or refugee status must have been physically present in the United States for one year at the time the green card application, form I-485 is being decided. We have…
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.
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.
A U-Visa is a non-immigrant status that grants to noncitizens with no other status to live in the United States the benefit of not being removed form the United States and work authorization for a period of four years.
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.
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.
USCIS has updated the Form I-485, adjustment of status application, to allow permanent residence applicants to concurrently apply for an unrestricted social security card or a replacement social security card as a part of the green card application.
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…
Let’s analyze the following scenario: Your employer filed an employment based petition (I-140) and you filed an Adjustment of Status application based on the approved employment-based petition. Your green card petition is currently pending and you now married a U.S.…
If your green card application is pending and you need to travel outside the U.S., you have to have an Advance Parole card. There are couple things you should keep in mind when entering the U.S. on your Advance Parole…
Interfiling is an administrative procedure described in the USCIS Policy Manual. It is possible for an applicant whose application is based on a particular immigration category (either family or employment based) to have the pending application considered under another category,…
Many employment based green card applications are processed while an applicant is on an H-1B visa. This usually involves filing an I-140 petition along with an I-485 petition. You can find out more about the green card process by clicking here.…
On March 6, 2017, President Trump signed Executive Order 12780, which, among other things, called for the implementation of standardized vetting procedures for immigration benefits, including in-person interviews. Based on this Executive Order, U.S. Citizenship & Immigration Services (“USCIS”) now…
There are three main steps to obtain an employment-based green card: PERM Labor Certification (Assessment of whether or not there are qualified U.S. workers) I-140 petition (employer petition for permanent foreign worker) I-485 application (employee application for permanent residence (green…
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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