I-485

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

Immigration

What is the process to apply for a green card from within the U.S.? What is the process outside 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.

Khadija DerrickMarch 11, 2022

A grandfather and child playing together

Immigration

Obtaining a green card for family members of U-Visa beneficiaries

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.

Khadija DerrickFebruary 3, 2022

Worldwide travel displayed as landmarks for many countries and cities

Family Immigration Immigration

Emergency Travel with a Pending Green Card Application

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.

Khadija DerrickFebruary 1, 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

Tips for Marriage Green Card Interview

Marriage green card interview is the last step in the green card application process. Both the applicant and the spouse have to attend the interview.

Khadija DerrickDecember 9, 2021

Family Immigration Immigration

Can a Minor U.S. Citizen Sponsor their Spouse for a Green Card?

The requirements of the Form I-864 typically prevent a minor U.S. citizen from sponsoring their spouse for a green card.

Khadija DerrickAugust 6, 2021

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

Family Immigration Immigration

What is a transfer of underlying basis request? What factors does USCIS consider when adjudicating the transfer requests for Green Cards?

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.…

Jenny ZhanFebruary 17, 2020

Family Immigration Immigration

What should I know when entering the U.S. on Advance Parole? What is a Secondary Inspection?

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…

Jenny ZhanFebruary 10, 2020

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Family Immigration Immigration Immigration Law Changes & New Law

Can I change My Adjustment of Status Application from an Employment-Based Petition (I-140) into a Family-Based Petition (I-130)? What Are the Eligibility Requirements?

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,…

Jenny ZhanFebruary 3, 2020

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H-1B and E-3 Visa Immigration

Can I quit my current job and start working at another employer while my I-485 is pending? Can I use my approved EAD to work at another employer?

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.…

Jenny ZhanMay 21, 2019

H-1B and E-3 Visa Immigration

I am Applying for my Green Card through an Employer. How Should I Prepare for my Green Card Interview?

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…

Jenny ZhanJuly 5, 2018

H-1B and E-3 Visa Immigration

Adjustment of Status to Green Card The Three Steps to Obtain An Employment Based Green Card (EB-2, EB-3)

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…

IanScottJanuary 12, 2014

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

EB5 Applicants Now Benefit from Section 245(k)

What is the process to apply for a green card from within the U.S.? What is the process outside the U.S.?

Obtaining a green card for family members of U-Visa beneficiaries

Emergency Travel with a Pending Green Card Application

Portability – Changing Jobs while Adjustment of Status is Pending

Portability – Changing Jobs while Adjustment of Status is Pending

Tips for Marriage Green Card Interview

Can a Minor U.S. Citizen Sponsor their Spouse for a Green Card?

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

What is a transfer of underlying basis request? What factors does USCIS consider when adjudicating the transfer requests for Green Cards?

What should I know when entering the U.S. on Advance Parole? What is a Secondary Inspection?

Can I change My Adjustment of Status Application from an Employment-Based Petition (I-140) into a Family-Based Petition (I-130)? What Are the Eligibility Requirements?

Can I quit my current job and start working at another employer while my I-485 is pending? Can I use my approved EAD to work at another employer?

I am Applying for my Green Card through an Employer. How Should I Prepare for my Green Card Interview?

Adjustment of Status to Green Card The Three Steps to Obtain An Employment Based Green Card (EB-2, EB-3)

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