Visa Lawyer Blog

Articles Posted in Adjustment of Status

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You have Questions, We have your Answers. Here are answers to 5 of your Frequently Asked Questions

In this blog we are answering 5 of your frequently asked questions in detail. Please remember that every case and every story is different and unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance on your immigration journey. For any further questions please visit our website or call our office for a free legal consultation. We thank you for your continued trust in our law office.

Q: I am visiting the United States as a tourist from a non-visa waiver country. My duration of stay will expire in approximately 1 month. Is it possible for me to extend my stay in the United States?

A: Yes, it is possible to extend your duration of stay if you plan to remain in the United States for purposes of tourism, leisure, or medical treatment. In order to extend your duration of stay you must file Form I-539. The process can be confusing for some, we recommend that all applicants seek counsel from an accredited legal representative or attorney to guarantee success.  In order to extend your duration of stay, you must be able to provide documentation proving that they have strong ties home including but not limited to: proof of employment, proof of academic enrollment, deed of property ownership, proof of financial obligations, etc. You must also be prepared to provide documented evidence supporting the fact that your stay will be for temporary purposes of tourism and/or leisure including a detailed personal statement establishing the fact that you will be in the United States for a temporary period of time, and will be returning back to your home country at the conclusion of your trip. Lastly, you must provide evidence that you have the sufficient finances to support yourself in the United States. The more evidence you can provide to support your claims, the better chances of your application being approved.

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You have Questions, We have your Answers. Here are answers to 6 of our Frequently Asked Questions

In this blog we are answering 6 of your frequently asked questions in detail. Please remember that every case and every story is different and unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance on your immigration journey. For any further questions please visit our website or call our office for a free legal consultation. We thank you for your continued trust in our law office.

Q: I have my green card and I can file for citizenship in the near future but my marriage is not working and I am trying to figure out my options.

A: The first question our office would have for you is whether you have a conditional 2 year green card or a 10 year green card? If you have a conditional 2 year green card you must apply for the I-751 removal of conditions application in order to receive the 10 year green card. It is possible to file the I-751 application for removal of conditions, even if you are now separated and in the process of dissolving the marriage or if you are legally divorced. This is called seeking a waiver of the joint filing requirement for the I-751 removal of conditions application or what is typically referred to as the I-751 waiver. In order to do so, you will need to indicate on the I-751 Removal of Conditions Application that you are seeking a waiver of the joint filing requirement. To file for an I-751 Waiver you must be presently separated and in the process of dissolving your marriage or already be legally divorced. Filing for a waiver of the I-751 is very detail-oriented and a very time consuming process, given that the applicant needs to prepare a detailed personal statement providing a detailed timeline of the relationship from beginning to end, as well as detailed information regarding why the marriage broke down and the applicant’s plans for the future. In addition, the applicant must be prepared to provide documented evidence that the marriage was entered into in good faith and the relationship and marriage was bona fide. You should definitely seek the help of an accredited legal representative to assist you in order for your application to be successful.

If you already have the 10 year green card, you cannot apply for citizenship until at least 5 years have passed from the date of becoming a permanent resident. If you have any arrests or other criminal history you must consult with an attorney or accredited legal representative. We would be happy to assist.

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By Marie Puertollano, Esq.

In the past few months, we have seen an increase in the number of instances when the green card application was approved, but the client never received it in the mail. What should you do in this situation?

Check your status online

First, you will need to go to uscis.gov. Under “Check your case status,” type your I-485 case number, which can be located at the top left corner of the receipt notice. If your case status shows that your green card was delivered, USCIS provides a tracking number from the US Postal Service (USPS) confirming the exact date, hour and zip code where the green card was delivered.

If you have moved and forgot to update your address, you will need to go to your old place of residence and request your green card from the person living at your previous place of residence. It is a crime to steal a green card. On one occasion, a client’s green card was delivered to an old address. The new tenant tore up the envelope with the green card in it, misplaced it, and brought it more than 2 months later. Continue reading

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President Obama’s executive order is looming on the horizon, as part of an alleged 10 point plan the president plans to announce as early as Friday, November 21. According to a draft proposal released by a U.S. government agency, the plan may suspend removal proceedings for millions of undocumented immigrants who came to the United States as children, as well as parents of U.S. Citizen children residing in the United States illegally, and parents of green card holders, by allowing them to benefit from a reprieve that will expand deferred action for these individuals. Among its 10 initiatives, firstly, the plan proposes to bolster border security, secondly, to improve pay for immigration officers, thirdly, to provide a 50% discount to the first 10,000 applicants whose income levels are below 200% of the poverty level in order to encourage participation, fourthly, to establish a program designed to stimulate the tech industry which could potentially offer millions of immigrants and their dependents a path to citizenship, and lastly, to prioritize removal proceedings on the basis of the severity of an immigrant’s criminal history, calling an end to the program known as ‘Secure Communities.’ This 10 point plan makes anyone who entered the United States before turning 16 and before the date of January 01, 2010, eligible for naturalization. Such a plan would thereby suspend deportation for millions of undocumented immigrants.

The proposal has not yet been announced, we would like to inform our audience to please be wary of fraudulent schemes. At this time ONLY preliminary information has been released.

Please continue to follow our blog for further updates, for more information please contact our office.  It is our goal to provide you with the most up to date immigration reform developments.

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By Yingfei Zhou, Esq.

The federal District Court for the Eastern District of Pennsylvania recently ruled that a noncitizen’s grant of Temporary Protective Status (TPS) qualifies as “inspection and admission” into the United States. This decision follows the similar decisions issued by the Sixth Circuit of Appeals and the District Court for the Western District of Washington. This new ruling will affect a group of TPS beneficiaries who fall within the geographic boundaries covered by the court and are seeking to become a Lawful Permanent Resident (LPR) on the basis of marriage to a U.S. citizen.

The Secretary of Homeland Security may designate a foreign country for TPS due to the conditions (such as ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions) in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.

The sole issue in the matter is whether the grant of TPS is sufficient to meet the requirement of being “inspected and admitted or paroled into the United States for purposes of adjustment of status. Under the Immigration and Nationality Act (INA), inspection and admission are eligibility requirements for adjustment of status to LPR. In other words, only individuals who were “inspected and admitted or paroled” into the U.S. by an immigration officer may apply for LPR status from inside the U.S. Those who crossed the border without passing through an official checkpoint must leave the country to have their paperwork processed by the U.S. consulate abroad to obtain the LPR status. Departing U.S. to have paperwork processed from abroad might cause penalties to the immigrants or have them facing the dangerous conditions that merited the TPS designation.

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Prospective clients often ask our law office, how long does the adjustment of status to permanent resident usually take? At what point can I legally work in the United States? How can I obtain my social security number and driver’s license? When can I travel internationally?

Below is an approximate timeline that will give you an idea on what the current wait times are for the adjustment of status process, based on your marriage to a U.S. Citizen:

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During the 2-3 month mark, the applicant will receive a very important document in the mail, known as the employment authorization card. The employment authorization card is important for a variety of reasons:

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wedding-1353829_1920If you are adjusting your status to permanent residency, based on your marriage to a United States citizen, chances are you are already thinking and may even be dreading your interview.

All green card applicants, who have filed Form I-485 Application to Register Permanent Residence or Adjust Status, based on their marriage to a US citizen, can expect to receive an initial interview notice scheduling both the green card applicant and their US Citizen Spouse to appear at a local office on the date and time indicated on the appointment notice. The initial interview notice typically arrives in the applicant’s mailbox about 3-4 months from the receipt date. The actual interview takes place about one month after receiving the initial interview notice.

Many of our clients begin to wonder about the marriage interview early on and it is a reoccurring topic in our consultations with couples who are ready to start the process. Couples have asked us countless times ‘so are they going to ask me what side of the bed my spouse sleeps on, what color my spouse’s toothbrush is, or about the last time we were intimate.’ The answer to this question is no, not at the initial marriage interview. Like the thousands of couples who have already gone through the interview process, and the thousands more who will go through the very same process in the future, your interview will also be successful with the right preparation and representation.

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By Lupe Lopez

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Richard and Micaelina met when they both first started attending school at the University of California, San Diego (UCSD).  It was easy to see why Richard had fallen in love with Micaelina, an articulate and funny Italian beauty.  After two years of dating they decided to get married and begin the immigration process for Micaelina.  They had everything in order except one little thing; well, maybe not so little.  Being a full time student, Richard did not earn enough money to fulfill the requirements for the Affidavit of Support.  They would need a joint sponsor; that is, a person with enough annual earnings or assets to qualify for the affidavit.

Richard had not thought of this.  Both he and Micaelina had depended upon student loans and their parents for most of their expenses.  Although Micaelina’s parents were well off and could continue to help the young couple, they were foreigners with no legal status in the U.S. thus disqualifying them as joint sponsors.  Richard’s parents are hard-working middle class people with other children they need to support.  They are not poor, but because they already claim several dependents, they, too, did not qualify.  Most of Richard and Micaelina’s friends were students just like them and they did not earn sufficient money to help the young couple.  After many months of searching for a suitable sponsor and one who was willing to sign the Affidavit of Support contract between the sponsor and the U.S. government, Richard and Micaelina finally found a person willing to help them.

Richard and Micaelina are not alone.  In our constantly busy office, there is not a single week that goes by where we do not run into this same problem.  When the Petitioner, in this case Richard, does not earn enough or have enough assets to fulfill the requirements for the Affidavit of Support it can be more difficult than expected to find a joint sponsor.

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By Lupe Lopez

Rosario and her son Alan came into our office a few weeks ago.  Rosario had entered the country without inspection (illegal entry) many years ago.  Her son Alan was born in the United States and just turned 21.  They came in hoping that Alan would be able to help his mother obtain her green card.

We asked Rosario the usual questions.  When and how did you enter the U.S.?  Have you ever been detained or deported?  Have you committed any crimes in the U.S. or in your country?  The list goes on.  We first need to determine if Rosario will be admissible to the U.S. before we begin any paperwork.

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Bill was a world renowned and very accomplished sculptor and 3d artist in his country. In 2009, Bill decided to make his first visit to the United States. It was here, in the land of opportunity, that he was able to develop his craft further and had the unique opportunity to study animation, the marketing of sculptural art, and technologies in film production. Having already been working for a famous television station in his country, it was only fitting for him to expand his studies in these fields. As a professional artist with extraordinary skills, our client was eligible to file an O-1 visa and could very well obtain his permanent residency through this avenue. After seeking legal advice, Bill decided to go forward with the process of applying for an I-129 Petition for an alien with extraordinary abilities in the arts. While his application was pending, Bill decided to visit his aunt and cousins in Los Angeles. It was through his cousin that Bill would meet his future wife, Elizabeth. After various phone calls and emails, the two decided to meet, and it was indeed love at first sight for the pair. The couple found that they shared similar interests, had a similar background, traditions, and customs.

During the following months, the couple went on frequent outings together as well as with their family members. All seemed perfect. Bill was ready to pop the question and did so in a magical way in Laguna Beach, California. Elizabeth’s parents were not only supportive of Bill’s professional work; they welcomed him into their family as a son, and allowed him to live with Elizabeth in their home during their marriage. A few months after marrying, Elizabeth and Bill decided to file for Bill’s Adjustment of Status. Elizabeth was very enthusiastic about petitioning for Bill because she felt the process would be much quicker than that of the I-129 petition that was pending. Bill completely put his trust in Elizabeth and allowed her to take the reins on his adjustment of status application.

During their marriage, Bill began to see that his wife was not the person he believed her to be. She refused to work and would spend her days chatting with friends and playing computer games until the morning hours. He also began to realize that she had no regard for his financial situation and would spend the money he earned from his family and from freelancing, on luxurious items that were unnecessary expenses. A few months later, Bill heard that his father had been diagnosed with cancer and was fighting for his life. About this time, Bill was fortunate enough to have received his permanent resident card, so he was able to travel internationally without preoccupation. Devastated, Bill traveled to his country alone to support his inconsolable mother and help his family financially. Elizabeth had chosen to stay behind with her family. While he was back in his country dealing with the stress surrounding the terminal nature of his father’s condition, Bill began to receive unrealistic and threatening demands from Elizabeth.

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