Tag Archives: I-485

Form I-485, Application to Adjust Status, posts in the CitizenPath immigration blog.

Adjustment of Status Denial Due to Changes in Circumstances

Adjustment of Status Denial Due to Changes in CircumstancesWhen you’re preparing an adjustment of status application package, it goes without saying that you need to be eligible. However, it’s important to remember that you must remain eligible throughout the process and until the green card is issued. Avoid an adjustment of status denial due to changes in circumstances.

It’s common that someone files Form I-485, Application to Adjust Status, and then circumstances change. Continue reading

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

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

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

Special Considerations for TN Professionals Who Adjust Status

tn visa adjustment of statusTN visa status allows Canadian or Mexican professionals within a certain set of occupations to work in the United States. It’s a nonimmigrant status that can be continually renewed. Because many TN professionals live and work in the United States for many years, they often end up meeting a future spouse in the United States. Once married to a U.S. citizen or permanent resident spouse, TN professionals may generally apply for permanent residence (green card). Although TN visa holders may adjust status to permanent resident, there are some special considerations that should be reviewed before applying. Continue reading

How to Help a Parent Get a Green Card

how to help a parent get a green cardTo help a parent get a green card, the eligibility requirements are generally very simple. As the son or daughter who wants to petition a parent, you must be a U.S. citizen and at least 21 years old. Although it gets a bit more complicated, this privilege also extends to certain step and adopted sons and daughters.

What’s more, immigration law defines parents of U.S. citizens as immediate relatives. Therefore, parents get priority as compared to other preference-based family relationships. There is no numerical limit on immigrant visas for immediate relatives. In other words, there isn’t the long wait associated with other categories 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

3 Things You Need To Know About Taxes Before Moving To The U.S.

tax resident status in united statesWhether you are a temporary nonresident alien in the United States or you’re planning to move to the U.S. permanently, there are actions you can take to get your tax affairs in order. It’s important to know your tax resident status and what specific tax obligations some with your situation.

Planning your finances before you become liable for U.S. taxes or find the U.S. trying to tax your worldwide income can save you a significant amount of money. Continue reading

Green Card through Marriage to a U.S. Citizen

Green Card through Marriage to US CitizenGetting a green card through marriage to a U.S. citizen is one of the fastest ways to obtain permanent residence (and citizenship) in the United States. But it can also create significant immigration problems for couples that don’t understand the U.S. immigration system.

Permanent residence is not automatic after marriage. There is an application process that must be followed. Although a green card through marriage to a U.S. citizen is one of the quickest ways to immigrate, there are several steps that include application forms, a medical examination, fingerprinting, and various approvals. For certain people, applying for a green card through marriage can create significant, long-term immigration problems. Continue reading