Today, the Department of Homeland Security’s new public charge rule was supposed to go into effect. It will not. Multiple federal judges have issued temporary injunctions against the Trump administration’s public charge rule change. If implemented, this controversial policy would make it more difficult for immigrants to get green cards if it seems like they might need public assistance. Critics see it an attempt to keep out immigrants who are poor or in need of help. But the rule imposes a new burden on even financially self-sufficient applicants. The policy requires most applicants to prepare an additional 18-page form in order to adjust status. This additional step would add to the difficultly and complexity of getting a green card. The court injunctions are a welcome reprieve for intending immigrants and their families. However, the measure may only be temporary. Continue reading
The Diversity Visa Program, better known as the green card lottery, is a United States lottery system that grants up to 55,000 foreign nationals the ability to apply for an immigrant visa number. Most people need a petitioner to make an immigrant visa available. Either a U.S. family member or employer must file a petition that eventually gives the beneficiary the path to a green card. The green card lottery makes immigrant visas available each year to randomly selected individuals who are from countries with low rates of immigration to the United States.
About 20 million people enter the green card lottery each year in hopes of getting one of the 55,000 spots. To participate, applicants must Continue reading
Several years ago, CitizenPath launched an an innovative, online service to help our customers prepare Form I-864, Affidavit of Support. The online service includes a calculator that helps make Form I-864 easy for anyone to prepare. This article explains how the service works and includes an Affidavit of Support sample created from the CitizenPath software.
Many immigration attorneys consider the Affidavit of Support to be one of the most difficult U.S. Citizenship and Immigration Services (USCIS) forms to prepare. USCIS routinely rejects Form I-864 or issues a Request for Evidence (RFE) as a result of incorrectly prepared Affidavits of Support. This is significant. That’s because the intending immigrant’s green card application will be denied if the I-864 does not meet the requirements. Continue reading
In the current environment, individuals who appear foreign-born are increasingly being asked for proof of status. Even U.S. citizens and permanent residents are at risk of detention if they don’t have identification. In fact, permanent residents are required by law to carry valid, unexpired proof of permanent resident status. Permanent residents with an expired (or expiring within six months) card, should generally submit a green card renewal application to U.S. Citizenship and Immigration Services (USCIS) as soon as possible.
If you’ve been a permanent resident for at least five years (or a permanent resident while married to a U.S. citizen for the last three years), you may be able to skip the green card renewal application Continue reading
You may be wondering if you can get a green card if you’ve worked in the United States without permission. Perhaps you learned that you may be eligible to adjust status to permanent resident but also know that unauthorized employment in the United States is generally a bar from adjustment. This means that unauthorized employment can make many people ineligible to apply for a green card. Employment without permission from the U.S. government before filing Form I-485, Application to Adjust of Status, and after applying can have a negative impact.
Generally, unlawful employment is a violation of your nonimmigrant status and can result in a denial of your application. Fortunately, there’s an exception for certain individuals like immediate relatives of U.S. citizens. Continue reading
Although step-by-step guides through Form I-130, Petition for Alien Relative, can be helpful, they rarely cover the important topics. And you can find the official set of I-130 instructions on the USCIS.gov website. This overview introduces some of the broader — and critically important —
issues you won’t find in the I-130 instructions. Everybody’s case is unique – there is no simple set of filing instructions for Form I-130.
The relationship between the petitioner and the beneficiary (intending immigrant) affects the instructions. As do many other factors such as adoption, step relationships and previous marriages, and immigration history.
Before you blindly fill out an I-130 petition, get to know these issues and how they can affect your relative’s immigration case. Continue reading
By itself, the H-1B visa does not provide a direct path to permanent resident status (green card) in the United States. In other words, something else has to happen in order for an H-1B foreign national to become eligible for a green card. While generally we think of the employment-based path for H-1B visa holders, there are various ways through the H-1B green card process.
The H-1B is a nonimmigrant visa. Essentially, that means it’s temporary. A foreign national working in the United States on an H-1B visa may Continue reading
How U.S. Citizens Abroad Prove Domicile in U.S. for I-864 Affidavit
U.S. citizens who are living abroad and want to repatriate to the United States with a foreign family member will face the challenge of reestablishing domicile in the U.S. Basically, to help a relative immigrant, you must prove that you already live in the United States.
In the most common scenario, a U.S. citizen living abroad marries a foreign citizen spouse. They may (or may not) live in the foreign country for a few years before deciding to immigrate to the United States. The U.S. citizen petitions the American government (Form I-130) so that his/her foreign spouse can apply for a green card. In theory, this is simple. The spouse of a U.S. citizen is eligible for a green card. The challenge comes when filing a related form known as Form I-864, Affidavit of Support. Continue reading
U.S. Citizenship and Immigration Services (USCIS) will likely require you to attend an interview if you applied to adjust status. Adjustment of status is the process of applying for permanent residence (green card) from inside the United States. USCIS uses the interview to confirm information provided by applicants (and often petitioners) is accurate and up-to-date. Use this article as an adjustment of status interview checklist to help you get ready.
The adjustment of status interview is a standard part of the process for most applicants after filing Form I-485, Application to Register Permanent Residence or Adjust Status. Try not to worry. Get excited. Generally, the interview is the final step. Most applicants walk away knowing that Continue reading
Common reasons why a family-based application for permanent residence may be denied by USCIS
Each year the U.S. government allows thousands of people to enter the United States with permanent resident status. Permanent residence is symbolized with a card, most commonly referred to as a green card. But the government also denies thousands of green card applications. There are several possible factors for a green card application denial. The reasons vary from no basis for eligibility to grounds of inadmissibility to failure to properly deal with the application requirements. What’s more, a new policy broadens the powers of immigration officials to deny applications without first issuing a warning. Continue reading