Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we answer one of your frequently asked questions: can I work while my green card application (Form I-485) is pending with USCIS?
Once the application has been processed you will receive your work permit also known as “employment authorization document” (EAD). You may obtain a social security number, driver’s license, and obtain lawful employment in the United States once you have your employment authorization document.
Please note that an EAD is not the same as a green card. The EAD simply allows you to work temporarily while your green card application is processing. EADs are typically issued for a one-year period of time and may be renewed if your application remains pending with USCIS past the expiration date.
Form I-765 is typically filed at the same time and in the same package as the green card application. However, if you did not file it at the same time as your green card application, you may file it separately so long as your green card application remains pending with USCIS.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the Supreme Court’s recent ruling which will allow the public charge rule to go forward and be implemented by the government.
On January 27, 2020, in a 5-4 decision, the Supreme Court of the United States ruled in favor of the Trump administration allowing the government to implement the final rule “Inadmissibility on Public Charge Grounds” nationwide except for in the State of Illinois, where litigation remains pending.
Following the Court’s decision, the United States Citizenship and Immigration Services (USCIS) published a news release on its website notifying the public that the agency will begin implementing the final rule on February 24, 2020 to applications and petitions postmarked (or submitted electronically) on or after February 24, 2020 (except for in the State of Illinois). For applications or petitions sent by a commercial courier (UPS/FedEx/ or DHL), the postmark date will be the date reflected on the courier receipt.
According to the press release, “The Final Rule prohibits DHS from considering an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before Oct. 15, 2019, when deciding whether the alien is likely at any time to become a public charge. In light of the duration of the recently-lifted nationwide injunctions and to promote clarity and fairness to the public, DHS will now treat this prohibition as applying to such public benefits received before Feb. 24, 2020.
Similarly, the Final Rule prohibits DHS from considering the receipt of public benefits by applicants for extension of stay and change of status before Oct. 15, 2019 when determining whether the public benefits condition applies, and DHS will now treat this prohibition as applying to public benefits received on or after Feb. 24, 2020.” Continue reading
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss a little-known law called LIFE Act 245(i) which allows certain undocumented immigrants to apply for permanent residence.
Want to learn more? Keep on watching.
What is 245(i)?
Section 245(i) is a provision of the Legal Immigration Family Equity Act (LIFE) which allows certain persons, who entered the United States without inspection (unlawfully), or otherwise violated their status, to apply for adjustment of status in the United States, if they pay a $1,000 penalty.
To be eligible, the applicant must have an immigrant visa immediately available. Immigrant visas are immediately available for spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, and parents of U.S. Citizens (if the U.S. Citizen is 21 years of age or older).
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss a frequently asked question: can you travel with a pending I-485 Adjustment of Status application?
Generally, anytime a person has a pending application with USCIS like a visa extension or change of status petition, that person cannot depart the United States until that petition is approved.
In this video however we will focus specifically on applicants who have a pending I-485 adjustment of status application based on family or employment sponsorship.
With regard to employment-based adjustment of status applicants, this category of applicants is typically present in the United states on a valid non-immigrant visa classification such as H1B, L1, etc. and are simply waiting for their I-485 green card petition to be adjudicated.
With respect to H1B and L1 visa holders ONLY, these individuals can depart the United States on their H1B or L1 visa classification and return, despite having a pending I-485 application.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss whether a parent of a US Citizen child 21 years of age or older, can adjust status within the US if they overstayed their visa.
In this scenario, a US citizen child is interested in petitioning his or her parent for a green card. In this case, the parent arrived to the United States on a valid visa 12 years ago and overstayed that visa.
Can that parent adjust their status in the US? Can the parent do this process from within the US or overseas?
As long as the parent entered the United States legally by way of a valid visa and the petitioning child is a US Citizen over 21 years of age, the parent is still eligible to apply for adjustment of status within the United States, even if the parent has overstayed their visa. The “overstay” is essentially waived in cases where the petitioner is a U.S. citizen and immediate relative of the beneficiary.
On the adjustment of status application, the overstay must be disclosed.
What if my parent obtained a DUI offense while in the US? Are they still eligible to Adjust Status?
A DUI on its own does not bar an applicant from obtaining permanent residence, however the applicant must provide all documentation necessary regarding the offense, such as the final disposition of the offense, and documentation showing what if any fines were paid.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss an important topic relating to family-based immigration: how can I immigrate my parent to the United States?
How do you immigrate a parent to the United States?
You must be a United States citizen (over 21 years of age) to immigrate your parent to the United States. The process of immigrating your parent to the United States depends on where your parent is residing at the time of filing.
Adjustment of Status
The most common scenario is where your parent has entered the United States on a non-immigrant visa for a non-immigrant purpose (such as visiting the United States) and several months later a decision is made to adjust the parent’s status to permanent residence. In this scenario, the appropriate process to immigrate the parent to the United States is through a process known as adjustment of status to permanent residence.
During this process, the United States citizen child will file a petition with USCIS called Form I-130 to immigrate their parent to the United States as well as Form I-864 Affidavit of Support. The United States citizen child must sign Form I-864 Affidavit of Support to prove they have the financial ability to provide for their parent until the parent becomes a US citizen. If the United States citizen child cannot prove financial ability, a joint sponsor will be needed who can prove their financial ability. At the same time, the parent will file Form I-485 with USCIS to change their status to that of permanent residence. In addition, the parent may choose to apply for employment authorization and a travel permit by filing Forms I-765 and I-131, in order to work and travel internationally while the green card application is in process.
Once these petitions are filed with USCIS, the parent can wait in the United States until the green card process is completed. The process is considered complete once the parent is approved following the green card interview.
Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this video, we cover a very important topic: can people who overstayed their visa or entered illegally, get a work visa or employee sponsorship?
Recently our office met with a client who was in this very predicament. He had the perfect job opportunity from his dream employer and was now interested in knowing how he could obtain a work visa with his employer’s sponsorship. The problem: he entered the country illegally and since entering had no lawful status in the United States.
Here is where we had to deliver the bad news.
The bottom line
A person who has entered illegally or overstayed the duration of their visa, is not eligible to adjust their status to permanent residence. During the employment sponsorship process, the visa applicant must provide information regarding their entry to the United States. Under current immigration law, a person who has entered without inspection cannot adjust their status in the United States, based on employment sponsorship except under one limited exception called 245(i).
What is 245(i)
245(i) is a provision in the law passed under the Legal Immigration Family Equity (LIFE) Act in the year 2000, enabling certain individuals who are unlawfully present in the United States to apply for adjustment of status, despite their unlawful entry.
In this video attorney Jacob Sapochnick talks about the Diversity Visa Program also known as the “Diversity Visa Lottery.”
What is the Diversity Visa Lottery?
Every fiscal year approximately 50,000 immigrant visas are up for grabs for a special class of immigrants known as “diversity immigrants.” To be eligible to participate in the program as a “diversity immigrant,” you must be from a country with historically low rates of immigration to the United States. If you were not born in an eligible country, you may qualify to participate in the program if your spouse was born in an eligible country or if your parents were born in an eligible country.
In general, the requirements to participate in the diversity visa program are as follows:
Requirement #1: You must be a national of one of the following countries
AFRICA Algeria Angola Benin Botswana Burkina Faso Burundi Cameroon Cabo Verde Central African Republic Chad Comoros Congo Congo, Democratic Republic of the Cote D’Ivoire (Ivory Coast) Djibouti Egypt* Equatorial Guinea Eritrea Ethiopia Gabon Gambia, The Ghana Guinea Guinea-Bissau Kenya Lesotho Liberia Libya Madagascar Malawi Mali Mauritania Mauritius Morocco Mozambique Namibia Niger Rwanda Sao Tome and Principe Senegal Seychelles Sierra Leone Somalia South Africa South Sudan Sudan Swaziland Tanzania Togo Tunisia Uganda Zambia Zimbabwe
ASIA Afghanistan Bahrain Bhutan Brunei Burma Cambodia Hong Kong Special Administrative Region** Indonesia Iran Iraq Israel* Japan*** Jordan* Kuwait Laos Lebanon Malaysia Maldives Mongolia Nepal North Korea Oman Qatar Saudi Arabia Singapore Sri Lanka Syria* Taiwan** Thailand Timor-Leste United Arab Emirates Yemen
EUROPE Albania Andorra Armenia Austria Azerbaijan Belarus Belgium Bosnia and Herzegovina Bulgaria Croatia Cyprus Czech Republic Denmark (including components and dependent areas overseas) Estonia Finland France (including components and dependent areas overseas) Georgia Germany Greece Hungary Iceland Ireland Italy Kazakhstan Kosovo Kyrgyzstan Latvia Liechtenstein Lithuania Luxembourg Macau Special Administrative Region** Macedonia Malta Moldova Monaco Montenegro Netherlands (including components and dependent areas overseas) Northern Ireland*** Norway (including components and dependent areas overseas) Poland Portugal (including components and dependent areas overseas) Romania Russia**** San Marino Serbia Slovakia Slovenia Spain Sweden Switzerland Tajikistan Turkey Turkmenistan Ukraine Uzbekistan Vatican City
In this video attorney Jacob Sapochnick discusses some new developments regarding the government’s planned implementation of a final rule that would have made certain individuals inadmissible to the United States on public charge grounds.
The public charge rule was set to be enforced on October 15, 2019. The rule would have expanded the list of public benefits that make a foreign national ineligible to obtain permanent residence and/or an immigrant or nonimmigrant visa to enter the United States.
A person would have been considered a “public charge” under the rule, if they received one or more designated public benefits for more than 12 months in the aggregate, within any 36-month period.