Tag Archives: I-485

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

Adjustment of Status Through a K-1 Visa Entry

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Newlywed couple with do Adjustment of Status through a K-1 Visa Entry

The K-1 visa is for the fiancé of a U.S. citizen to come to the United States for the purpose of marriage. If you entered the U.S. on a K-1 visa, you have 90 days to marry the U.S. citizen from the date of entry. A K-1 visa does not allow the foreign national to stay in the United States for more than 90 days – it can’t be extended. Once married, the foreign national has the option of staying in the United States if he or she files an application for adjustment of status through a K-1 visa entry.

Adjustment of status to permanent resident is an exclusive process to apply for a green card reserved for certain intending immigrants that are physically present in the United States. A K-1 visa holder who has married his or her U.S. citizen fiancé is generally eligible.

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Supreme Court Clears the Way for a Restrictive, New Public Charge Rule

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Trump administration's public charge rule change blocked by federal judges

Yesterday, the U.S. Supreme Court cleared the way for the Trump administration to implement its new public charge rule. The modified rule affects intending immigrants based on their past use of public assistance and a host of other new financial scores.

Titled “Inadmissibility on Public Charge Grounds,” the rule sparked several legal challenges. The new rule basically reinterprets how the law defines inadmissibility. In other words, it re-defines how the government can keep out certain immigrants that may use or have used certain public benefits. In fact, there has always been a public charge rule. The Trump administration evaluated the law, and decided to interpret it differently.

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U.S. Taxes and Immigration Consequences

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U.S. Taxes and Immigration Consequences

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.

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Starting the Family-Based Green Card Process

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Family Based Green Card

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.

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Marriage Green Card: Obtaining Permanent Residence through Marriage

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Marriage 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.

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DACA Green Card through Marriage

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Green Card Marriage for DACA

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.

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Adjusting Status After Unauthorized Employment in the U.S.

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Unauthorized employment and filing Form I-485

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 →

Form I-130 Instructions and Preparing the Immigrant Petition

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form i-130 instructions

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.

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Overview of the H-1B Green Card Process

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H-1B green card process

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 →

Adjustment of Status Interview Checklist

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Adjustment of Status Interview ChecklistU.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 →