Articles Posted in I-485

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: Am I eligible to file for adjustment of status inside the United States? For the answer to this question please keep watching. For more information about adjustment of status, please click here.

https://soundcloud.com/askanimmigrationlawyer/ep-20-am-i-eligible-to-file-for-an-adjustment-of-status-inside-the-us

Overview: 

Am I eligible to file for adjustment of status inside the United States?

In order to file for adjustment of status from a non-immigrant visa classification to legal permanent resident, several conditions must be met. If you do not meet any of the following conditions you cannot file for adjustment of status from inside the United States.

  1. First, in order to apply for permanent residence, you must be physically inside of the United States. If you are not physically present in the US you must obtain an immigrant visa at a United States Consular post abroad.
  2. Your Immigration petition must have already been approved (I-130 or I-140 Petition) before filing of the I-485 Application to Register Permanent Residence or Adjust Status (green card application).
  3. If your priority date is not current then you cannot file a petition for adjustment of status.

What does this mean?

A priority date is the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. Immediate Relatives of US Citizens are generally not subject to numerical visa limitations. You can check the status of a visa number by checking your priority date on the Department of State’s Visa Bulletin published every month. The Visa Bulletin estimates immigrant visa availability for prospective immigrants.

4. If your priority date is not current then you cannot file a petition for adjustment of status until it becomes current.

5. You must have entered the US illegally and be able to prove that you entered legally (inspection documents such as I-94). There are exceptions to this rule such as section 245i

6. You must not have any changes in your circumstances (ex. change in employment; divorce before green card)

7. You must not be barred from the United States. If you have been subject to a bar because you attempted to enter the US illegally, departed the US voluntarily, are guilty of immigration fraud, willful misrepresentation, or other criminal issues you are likely inadmissible and cannot file for adjustment of status. A waiver may be available to individuals in these situations that will allow the immigrant to seek adjustment of status.

For more information please contact our office for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses how President Barack Obama’s Executive Actions on immigration can benefit employment-based visa holders. To learn more about the status of the Executive Actions please click here. For information about employment-based green cards click here.

https://soundcloud.com/askanimmigrationlawyer/how-about-those-who-are-in-the-us-under-employment-based-visas-what-can-they-benefit-from-obamas-executive-action

Overview:

How can individuals in the United States under an employment-based visa benefit from Obama’s executive actions on immigration?

  • Visa allocation for highly skilled workers is likely to improve visa processing;
  • The government will work with the State Department to ensure that all visas authorized by Congress will be issued to people who are eligible;
  • Visa issuance backlogs will likely improve;
  • The process for determining visa availability likely to improve;
  • Rules will be put in place so that priority dates will be preserved for people who are in the process of changing jobs;

More questions? Please contact us for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses the marriage based green card process for persons who entered the United States legally. To learn more about adjustment of status within the United States please click here. For information about employment-based green cards click here.

https://soundcloud.com/askanimmigrationlawyer/ep-28-what-is-the-marriage-based-green-card-process-for-persons-legally-in-the-us

Overview:

  • The process discussed is only for persons who entered the United States legally (those who were legally inspected through a United States port of entry);
  • If you did not enter the United States legally but are married to a United States citizen, you may qualify for a waiver if you have acquired only unlawful presence in the United States;
  • The US Citizen spouse and the intending immigrant must be legally free to marry. Pending dissolution proceedings in a foreign country will present a problem;
  • Both parties must reside in the United States in order to file for adjustment of status;
  • Once the civil marriage takes place, the USC spouse and intending immigrant must file several forms with CIS along with supporting documents (I-130, I-485, I-864, G-325A, etc.);
  • The intending immigrant will NOT be able to travel internationally until they are issued an advance parole by filing form I-131 with CIS. It takes approximately 90 days for an advance parole document to be issued from the receipt date of the I-131;
  • The intending immigrant will receive conditional permanent residence status if the marriage was less than 2 years old on the day they were given permanent residence;
  • If you have received conditional permanent residence status, you must remove the conditions within the 90 day window immediately before your permanent resident status expires;

For more information about the removal of conditions process please click here. For a consultation please contact us.

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In this segment, attorney Jacob J. Sapochnick discusses common reasons for green card denials. To read more about family-based green cards please click here. For information about employment-based green cards click here.

https://soundcloud.com/askanimmigrationlawyer/ep-68-what-are-the-reasons-for-green-card-denials

Overview:

There are generally two ways to apply for a permanent resident green card 1. through a qualifying family relationship and 2. through employment. Please note that special categories of green card applicants exist beyond these two options including obtaining a green card through 245i, the diversity immigrant visa program , the Violence Against Women Act (VAWA), Asylum, and based on a U visa.

There are several reasons a green card application may be denied which may include, but is not limited to the following: health, criminal, and security related issues, failure to demonstrate that the applicant will not become a public charge, failure to respond to a request for evidence by the required deadline, prior immigration violations, inability to meet the requirements for a green card, and not showing up to required immigration appointments.

If your green card application has been denied, you may be able to rescue your application by filing a motion to reopen. To assess your specific case please contact us for a consultation.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What are some ways to obtain relief from deportation?

https://soundcloud.com/askanimmigrationlawyer/ep-45-what-are-some-of-the-ways-to-obtain-relief-from-removaldeportation

Overview:

There are generally four ways to obtain relief from deportation through Cancellation of Removal, Prosecutorial Discretion, Asylum, or Adjustment of Status.

  • Cancellation of removal is a good option for people who have resided in the United States for 10+ years;
  • Asylum is a good option to avoid removal for those who qualify. In order to qualify, an asylum applicant must be unable or unwilling to return to their home country as a result of persecution or well-founded fear of persecution on the basis of five statutorily protected grounds including: race, religion, nationality, membership in a particular social group, or political opinion;
  • Adjustment of status is an option for those who have an immediate relative that is a United States Citizen or Lawful Permanent Resident (LPR). These individuals may adjust their status to lawful permanent residence;
  • Another way is through Prosecutorial Discretion;

For more information please contact us for a consultation.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: How do I pass a green card marriage interview?

https://soundcloud.com/askanimmigrationlawyer/ep-67-how-to-pass-a-marriage-interview

Overview: 

  • The green card marriage interview usually takes place three to four months after the green card application is filed with CIS
  • In  this video we will will cover tips on how to prepare for your interview, what to expect, and the types of questions you may be asked during the interview

For more resources on what to expect during the I-485 interview please click here and here.

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