Category Archives: Green Card

Immigration Insider articles in this category include information about obtaining and maintaining a green card and issues related to lawful permanent resident and conditional permanent resident status in the United States.

Obtaining a Waiver for the J-1 Home Residency Requirement

J-1 Home Residency Requirement WaiverThe J-1 home residency requirement can be a major obstacle for J visa holders trying to adjust status to permanent resident or change status to another nonimmigrant visa. J visa holders should initially determine if the regulation applies to them. In some cases, a waiver is available.

After satisfying the J-1 home residency requirement or obtaining a waiver, foreign nationals subject to the requirement can generally file Form I-485, Application to Adjust Status, if they are otherwise eligible. Continue reading

Top 7 Questions About Form I-864 Affidavit of Support

Form I-864, Affidavit of Support QuestionsEven many immigration lawyers consider Form I-864, Affidavit of Support, to be one of the most confusing immigration forms. It’s a little like combining the financials of a tax return with the complexity of an immigration form. In fact, that’s basically what it is. The stakes are high. If the sponsor does not qualify, U.S. Citizenship and Immigration Services (USCIS) will not issue the intending immigrant permanent residence (green card).

When a foreign national applies for permanent residence in the United States, immigration officials are obligated in most cases to make sure that the intending immigrant has adequate means of financial support and is not likely to become a public charge. USCIS requires Form I-864, Affidavit of Support, for most family-based applications and some employment-based applications. It’s a contract between a sponsor and the U.S. government, in which the sponsor promises to support the intending immigrant if he or she is unable to do so on their own. It’s a back-up plan in case the immigrant has financial problems. Continue reading

I-485 Interview Preparation

What to expect at your Adjustment of Status Interview

I 485 InterviewFirst of all, don’t get anxious just because USCIS sent you an appointment notice for an I-485 interview. Almost everyone must go through an interview during the adjustment of status process. In fact, there’s reason to get excited. The I-485 interview is likely the last step in your application process. If all goes well, you’ll be a permanent resident (green card holder) at the end of the interview. Continue reading

Evidence of Bona Fide Marriage to Support a Spousal I-130 Petition

Evidence of a Bona Fide Marriage for I-130 PetitionTo obtain a green card for your spouse, you’ll need to submit Form I-130, Petition for Alien Relative, and evidence of a bona fide marriage to U.S. Citizenship and Immigration Services (USCIS).

Filing the I-130 petition is just the first step in the family-based immigration process. It’s critical that you establish a valid spousal relationship at this point, but also again and again.

In fact, immigration officials will ask additional questions about the relationship during the green card interview. As a conditional resident, the scrutiny will continue. A marriage certificate is necessary, but more evidence is required to prove a bona fide marriage. It’s never too early to begin collecting this evidence.
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Overview of the K-1 Fiancé Visa Process

K-1 Fiance Visa Process OverviewA foreign citizen may use the K-1 fiancé visa to travel to the United States for the purpose of marriage to his or her U.S. citizen fiancé. Once married to the U.S. citizen sponsor, the foreign citizen may apply for permanent residence – represented by a green card — inside the United States.

It’s one of two principal ways for a U.S. citizen and foreign citizen to unite in the United States. Alternatively, the couple Continue reading

U.S. Work Visa Types for Foreign Nationals

US Work Visa Type for Foreign WorkersThe United States has long been a destination for economic opportunity. Immigrants have a significant history in American business as contributors and creators. They have labored in fields and factories, and immigrants have also built some of the largest U.S. businesses. There are many types of U.S. work visas and other statuses that may provide employment privileges in the United States. The rules for each can vary.

This is not a comprehensive list of all possibilities, but we’ve compiled a list of some of the more popular U.S. work visa types. Continue reading

Financial Sponsor Needed for a Family-Based Green Card

Financial sponsor needed for family based green cardAn applicant for a family-based green card will need a financial sponsor in the United States before immigrating. Although some new green card holders may be able to find employment immediately and support themselves, the financial sponsor is necessary in case things don’t go as planned.

Every person who immigrates based on a family-based visa petition must have a financial sponsor. Whoever files Form I-130, Petition for Alien Relative, on behalf of a family member (or Form I-129F on behalf of a fiancé) must also agree to be the financial sponsor and file Form I-864, Affidavit of Support, when the time comes for the person to actually immigrate to the United States. Continue reading

Long-Term Immigration Solutions for Dreamers

Dreamer Long-Term Immigration SolutionsLast week House Democrats announced a new immigration proposal that would give 2 million dreamers and other immigrants a path to citizenship. The Dream and Promise Act of 2019 would also provide protections for beneficiaries of the Temporary Protected Status and Deferred Enforced Departure programs. It’s a long-term immigration solution for dreamers and other beneficiaries of programs that the Trump Administration is trying to cancel.

Under the rules of the proposed law, dreamers would generally be able to apply for a 10-year conditional green card if they came to the United States when they were younger than 17 and if they have lived in the country for Continue reading

Advance Parole Travel with Adjustment of Status

The Advance Parole travel document permits reentry to the United States after travel abroad and preserves a pending I-485 application

advance parole travel after adjustment of statusDuring the adjustment of status (AOS) process, the applicant can remain in the United States while waiting for his or her green card. But it can take several months to receive the green card after filing Form I-485, Application to Adjust Status.

Many applicants want to travel abroad during this time to visit family or take a vacation. But there’s a problem – leaving the country can put your adjustment of status (AOS) application in jeopardy. Generally, an AOS applicant that leaves the United States without without advance parole will abandon the I-485 application and will likely have trouble reentering. There are some exceptions. To return to the U.S., this person would need to restart the immigration process through consular processing in a foreign country. This is a long and expensive journey. Continue reading

Fiancé Visa Interview Questions: What K-1 Visa Applicants Can Expect

K1 Fiance Visa Interview QuestionsAn interview is an essential part of obtaining virtually any nonimmigrant visa for entry to the United States. But K-1 fiancé visa interview questions dive deeper into your history and intentions. They can even seem a little personal. And that’s a little scary.

It’s natural to be anxious about your K-1 interview. If you are prepared and know your fiancé well, you’ll find that the fiancé visa interview questions are actually very simple to answer. The K-1 questions will focus on your relationship with the U.S. citizen fiancé, but there’s no reason to fear the interview if you have a genuine relationship. Continue reading