Immigration law (INA §245) allows certain foreign nationals who are physically present in the United States to adjust status to permanent resident (green card holder). A foreign national may not be eligible to file Form I-485, Application to Adjust Status, if one or more bars to adjustment applies. Bars to adjustment of status are rules that exclude certain individuals that have committed a particular act or violation. They are factors that can disqualify an applicant. Many applicants get a Form I-485 denial as a result of bars they didn’t realize existed.
Some of the most common statutory bars to adjustment that result in I-485 denials include:
- Unlawful status
- Failure to maintain status
- Unauthorized employment
An immigration medical exam is a necessary part of immigrating to the United States and becoming a permanent resident (green card holder). Sometimes called a green card medical exam, the appointment is a routine part of the process to ensure public safety and remove the grounds for inadmissibility for intending immigrants.
Certain diseases of public health significance make an individual inadmissible to the United States. The exam is the process to remove these grounds of inadmissibility. Continue reading
A dual intent visa allows foreign nationals to be temporarily present in the United States with the known 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 establish nonimmigrant intent. Continue reading
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. Continue reading
If you previously filed an I-130 petition for your spouse and/or minor children when you were a permanent resident, you can upgrade the petition if you’ve now become a U.S. citizen. For the spouse and/or children of a lawful permanent resident, the wait for an immigrant visa (green card) can be lengthy. After the filing Form I-130, Petition for Alien Relative, spouse and children of a lawful permanent resident will wait several months to years. In some situations the wait can be very long. If you upgrade an I-130 petition after naturalization, your petition gets expedited because there is no numerical limit.
In many cases, one family member is able to obtain permanent resident status in the United States, but must leave behind a spouse and/or children in the home country. Upon arriving in the U.S. and becoming a permanent resident (green card holder), he or she may petition those family members to immigrate with Form I-130, Petition for Alien Relative. However, the wait time can take several years. If that permanent resident becomes a U.S. citizen, he or she may upgrade the I-130 petition and speed up the immigration process. Continue reading
What to expect at your Adjustment of Status Interview
First 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
How the new 90-day rule (and elimination of the 30/60 day rule) may affect your adjustment of status to permanent resident
In September 2017, the U.S. Department of State made a significant change to its Foreign Affairs Manual (FAM). This had a dramatic effect on the way immigration officers evaluate inadmissibility in certain cases. And it may affect future applications for adjustment of status. The change essentially eliminated the 30/60 day rule and established a stricter standard now known as the 90-day rule.
Any nonimmigrant visa holder should be aware of this amendment because it may affect how immigration officials perceive attempts to change status. Although U.S. Citizenship and Immigration Services (USCIS) has not declared an intent to use the 90-day rule also, they previously used the 30/60 day rule as a guideline. Therefore, nonimmigrant visa holders attempting to obtain a green card through adjustment of status should be aware of the 90-day rule. Continue reading
CitizenPath has launched a new service to help our customers with 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 (RFEs) as a result of incorrectly prepared Affidavits of Support. 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.
Each year U.S. Citizenship and Immigration Services (USCIS) denies an estimated 8-10% of green card applications. In fiscal year 2016, data shows that USCIS received a total of 869,292 petitions for alien relatives (Form I-130), but also denied 59,496.
During the same period, USCIS received 338,013 family-based applications to adjust status (Form I-485) and denied 31,662 applications. Family-based applications for a green card are based on a family relationship with a U.S. citizen or lawful permanent resident. Continue reading
To help a parent get a green card, the eligibility requirements are rather simple. You must be a U.S. citizen and at least 21 years old. Although it gets a bit more complicated, this privilege extends to eligible step parents and adoptive parents.
What’s more, parents are considered immediate relatives. Therefore, parents get priority as compared to other preference-based family relationships. In other words, there is an unlimited number of visas available. No limits or long waits will apply when you help your mother or father obtain permanent residence in the United States. The process begins by filing a visa petition for your mother or father. Continue reading