An 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
The Advance Parole travel document permits reentry to the United States after travel abroad and preserves a pending I-485 application
During 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
TN 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
To 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
Whether 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
Getting 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
The questions vary from, “Can I stay in the U.S. after a visa overstay and marriage to a U.S. citizen?” to “What happens if my visa expires and I’m married?” These questions are concerned with obtaining a legal status in the United States despite a period of unlawful presence.
Spouses of U.S. citizens do have special immigration privileges. They benefit from certain provisions in the law that are favorable in cases where the intending immigrant has overstayed a visa. But it’s important Continue reading
United States immigration laws provide a variety of ways to apply for a green card (permanent resident status). The different paths come through family relationships, employment, refugee/asylum status, diversity lottery, and several special immigrant classes .
However, the vast majority of immigrants apply for a green card through a family relationship. For example, 66% of the 1.1 million people who obtained a green card in 2017 were in a family-based category according to USCIS statistics. Continue reading
For immigrants arriving to the United States, the American tax system can be a very new and confusing concept. In fact, the U.S. tax system is so complex that most natural-born Americans have difficulty filing each year. As a general rule, U.S. tax law applies to you if you live in the United States or spend a significant amount of time here.
In the United States everyone with income above certain levels is expected to file a tax return. That’s not true in all countries around the world. In many countries, the government withholds taxes from paychecks, and the individual never has to directly file an income tax return. The Internal Revenue Service (IRS) is the U.S. agency responsible for collecting taxes.
Whether you are a lawful permanent resident or an undocumented immigrant, it’s important that you get a basic understanding of your tax filing obligations. Continue reading
A foreign national spouse of a U.S. citizen who is also inside the United States can generally apply for a green card without leaving the U.S. This process, known as adjustment of status, concludes with an interview. U.S. Citizenship and Immigration Services (USCIS) interviews virtually every applicant for a marriage-based green card. Upon completion of a successful marriage-based adjustment of status interview, the applicant will generally become a permanent resident (green card holder). Every couple should prepare for this interview. Knowing what to expect, what items to take, and how to respond to questions will improve your chances of a quick approval. Continue reading