If you have not maintained lawful status in the United States, you will not be allowed to adjust status to permanent residence. The only way to adjust status despite the bar is if an exemption applies. There is one nuances category of immigrants who exempt from the unlawful presence bar. These are special Immigrants. If [..]
You may adjust status to a permanent resident as an Asylee or Refugee if you’ve been physically present in the United States for at least 1 year since gaining asylum or refugee status. Eligibility as an Asylee To be eligible you must meet the following requirements: You are physically present in the United States at [..]
Are you a member of a religious denomination? Are you thinking about coming to the United States to work for a religious non-profit organization within your religious denomination? If your answer to these questions is “yes”, you may be eligible to apply for a green card under the Special Immigrant category. Eligibility An eligible Religious [..]
You may require an extreme hardship waiver to overcome an inadmissibility. If you are a green card applicant, but are inadmissible from entering the United States, you may be able to still enter with a waiver. There are all sorts of waivers. It depends on the particular inadmissibility. The I-601 Extreme Hardship waiver is the [..]
There is another employment based immigrant visa for which you can self petition. It is called the EB-2 visa or National Interest Waiver. You can submit the I-140 Petition on your own behalf through the National Interest Waiver application. The National Interest Waiver also enables you to request that the Labor Certification be waived if you [..]
The Violence Against Women Act (VAWA) law enables victims of abuse to self petition for permanent residence. Even though the law is named Violence Against Women Act, the VAWA self-petitioner can be a man as well. The VAWA self petitioner must have been the victim of battery or extreme cruelty at the hands of: A [..]
In a previous blog article I focused on removing conditions from your green card. Generally, you must file the I-751 form with your spouse. However, sometimes your marriage does not go as well as you planned. Sometimes the required joint filing with your spouse is not possible. In this case you must qualify for a [..]
Congratulations! You’ve received your marriage based permanent residence! However, take note. Applicants married less than 2 years at the time of the immigrant visa approval will get conditional permanent residence. This means that your permanent residence (green card) will expire in 2 years from the date of permanent residence. You must make the affirmative action [..]
Most applications for permanent residence require an individual or an employer to submit a petition on your behalf. However, there are a few ways you can petition for yourself. This article focuses on the EB-1 Immigrant Visa Category. This is also called the Extraordinary Ability Immigrant Visa. EB-1 Visa Requirements An alien with extraordinary ability [..]
The H-1B rule is now final. So now what will the process be. Here is a summary of the H-1B application process. If you’re interested, get on it! Here’s what you need to know. Step 1: Find an employer who is willing to sponsor you The U.S. employer must sponsor you for the H-1B visa. [..]