A dual intent visa allows foreign nationals to be temporarily present in the United States with the intention of possibly immigrating to the U.S. permanently. That’s significant because most temporary visas require that the visitor intend to return home. Thus, attempting to adjust status to permanent resident with other nonimmigrant visas can potentially trigger severe, long-term immigration problems.
Most people will find it difficult to qualify for a U.S. nonimmigrant visa, such as a visitor visa, if there is any evidence of immigrant intent—a past intent, an intent to seek to immigrate during this trip to the U.S., an intent to immigrate to the U.S. in the future, or even a hope to immigrate in the future. The applicant must prove that he or she has nonimmigrant intent.
The steps to obtain a family-based green card — officially known as a permanent resident card — vary based on the qualifying family relationship and where you live (inside the United States or outside).
If you would like to petition (sponsor) a family member for a green card or you are a foreign national that wants to permanently move to the United States, this article provides a basic overview of the eligibility categories and family-based green card process.
Marriage green card is a common phrase used to describe a permanent resident card obtained through marriage to a U.S. citizen or lawful permanent resident. Permanent residence is an immigration status that allows a foreign national to live and work in the United States permanently. Generally, the permanent resident may also choose to naturalize as a U.S. citizen once eligible.
A marriage-based green card can be one of the quickest ways to obtain permanent residence. The marriage alone doesn’t provide any immigration status to a foreign national. But marriage to a U.S. citizen or permanent resident is a qualifying relationship for a foreign national to apply for immigration benefits.
Since September 2017 the Trump Administration has had a policy to end the Deferred Action for Childhood Arrivals (DACA) program. Although the decision to wind down DACA has been stopped in the courts for now, the future of the program is uncertain. The policy is being challenged in the highest court. Today, the U.S. Supreme Court will hear oral arguments in a case (McAleenan v. Vidal ) that will likely determine the future for more than 700,000 DACA recipients. This has put a renewed emphasis for many DACA recipients to find other paths to legal status. Obtaining a DACA green card through marriage to a U.S. citizen is one of the most common ways to gain legal status.
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 →
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.
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.
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 →
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.