As you know, work cards also It seems like hardly a day goes by without hearing about some new atrocity confronting immigrants and the immigration law system. USCIS said that they Blog July Pending Background Checks. July 17, By Tracie L. A: An alien applicant should either have approved family based I immigrant petition or filing it concurrently at any possible time. Q: What are the exceptions to the I application requirement of maintaining lawful status in U. A: The following individuals are not required to maintain lawful status in order to adjust their status to U.
Former employees of international organizations and family members;.
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Immigrants who have served honorably in the U. Q: What are the benefits of filing I application for Adjustment of Status. Q: Why the Adjustment of Status is convenient for most employment-based alien applicants? A: Adjustment of status is convenient in the sense that applicants may simply remain in the U. In fact, for most employment-based petitions, no interview is required unless the applicant has previously been out of status, or USCIS suspects fraud, or portability is invoked, or USCIS randomly selects an applicant for an interview. Consulate Processing. A: Consular processing and adjustment of status are two means to the same end - obtaining permanent resident status in the United States.
If you opt for consular processing, you would apply for an immigrant visa through the Department of State and must attend an interview at a U. Consulate in your country of residence abroad. Because these two separate agencies each have their own procedures and set of governing rules, there are pros and cons to both options. You should therefore take various considerations into account before making what is often a difficult decision.
What determines how quickly your AOS moves to "ready to be scheduled for interview"?
Q: In the U. A: The procedures regarding immigrant visa availability have changed by U. Department of State, for the benefit of intending U. Family-Sponsored Preference Cases and 5. The chart for "Dates for Filing Applications" reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa.
Adjustment applicants may also visit "www. An intending greencard applicant can then use this information to determine when to file an adjustment application Form I Application for Adjustment of Status. Q: Where to file I application? Application is generally submitted by mail, and approved either by mail or after an interview at one of the USCIS district offices.
If all the procedures go well, the applicant can accomplish the permanent resident status Green Card in the U. A: If at all possible and advisable, the application will be filed after the I approval, or simultaneously with the I However, there are times when the I cannot be filed along with the I, often an immigrant visa is not yet available, or your priority date is not current.
Q: What do you mean the immediate availability of a visa? A: This I application requirement can be satisfied in one of two ways. The first instance relates to immediate relatives of U.
Q: What is the Priority Date? A: The priority date is the date the first paperwork for permanent residence is filed with a government agency. For an employer-sponsored case, this is either the date a Labor Certification is first filed with the Department of Labor, or if not a Labor Certification-based case then the date the immigrant petition most often an I Immigrant Visa Petition is first filed with USCIS.
For a family-sponsored case, this will be the date the I Petition for Alien Relative is filed, which may or may not be the same date as the I is filed. Q: Why is the Priority Date important? A: The Priority Date establishes the foreign national's place on line for an immigrant visa. There are limited numbers of immigrant visas available for each of the various categories. These categories are called Preference Classes. Each preference class has its own queue for immigrant visas, and the priority date and the preference class of the petition determine how long the person being petitioned for has to wait for a Green Card.
Q: What are the eligibility categories to file Form I application? A: You can file form I under one of the following categories:. Beneficiary of an approved Form I filed by a qualifying relative, qualifying derivative, family-based beneficiary;. Diversity lottery winner eligible to file Form I Q: What are exceptions for the I application fees?
A: There is a filing fee for the I application plus a biometrics fee. The exceptions for the application fees are listed below:. There is no fee for applicants who are filing Form I based on having been admitted to the United States as a refugee;. Applicants of 80 years of age or older are not charged a biometric fee;.
Applicants under 14 years of age: filing with the I application of at least one parent have a fee with discount. Q: What is the medical examination process? The civil surgeon will record the results of the examination on the Form I and seal it an envelope which should be submitted to USCIS along with I application. You are responsible for paying all doctor and laboratory fees for the exam.
You must carry your passport or other form of photo identification, and bring your medical and vaccination history. If a condition is diagnosed which makes you inadmissible, you may still be eligible for immigration after completing treatment for the condition. Q: What is the fingerprinting process. You must have the letter with you when you go in for fingerprinting. There is a fee charge per person.
Q: How could you help my Form I application? A: To help you obtain U. Green Card easily and quickly, we provide a high quality and case-proven Complete Do-It-Yourself Package for form I application of status adjustment, based on our extensive and practical immigration experience.
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Permanent Resident, we provide comprehensive instructions on U. Also, all required application forms and optional forms are included in the package. Please let me know how to find a medical doctor for the I medical examination? A: When an alien immigrant applys for Green Card by using Form I for adjustment of status, the alien applicant should have a medical examination. The medical examination can be done by a medical doctor who is authorized by U. The authorized medical doctors are called also civil surgeons. The U. The website also provides useful information regarding the medical examination process in the immigration context.
Upon completion of the exam, the medical doctor will complete the report of medical examination and vaccination record Form I , places it in a sealed envelope, and provides it to the alien applicant. This sealed envelope must accompany the Form I The "Find a Doctor" web tool provides the names and contact information for authorized civil surgeons in the area based on the address or zip code provided by the individual.
It also lists what documents applicants should bring to their respective appointments and briefly explains the medical tests conducted during the exams. A: Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You do not need to apply for a work permit after you adjust to permanent resident status.
As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently. A: Application for EAD can be filed concurrently with I or any time after that, as long as I application is pending. Your eligible family member like spouse can also apply for an EAD.
An approved EAD allows you or your spouse to work. The primary applicant may take a part-time job or start a business, as long as continue working for the employer who filed for the Green Card. Q: What is the Advance Parole? A: The Advance Parole or Travel Document is used to apply for admission to the United States upon return from abroad without having to obtain a visa from a U. Embassy or Consulate.
You must fill Form I for Advance Parole. There is a non-refundable filling fee to be paid by check or money order. The Advance Parole is usually issued for the time when the I application is pending, and it is valid for multiple entries. Once your Advance Parole Travel Document application is approved, you will receive 2 copies of form I You must carry all 2 copies when you travel out of the U.
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The second copy is for you, and should be used during all subsequent trips. Q: How to obtain Advance Parole? The Advance Parole is permission to reenter the United States after traveling abroad. Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.
Attempts to reenter the United States without prior authorization may have severe consequences, since individuals requiring Advance Parole may be unable to return to the United States, and their pending I applications may be denied or administratively closed. Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS Service Center.
Q: What is the Refugee Travel Document? A: Individuals who have been admitted in U. Instead, these individuals should apply for a Refugee Travel Document using Form I and comply with applicable application requirements, such as biometric processing, prior to leaving the United States. Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States. A: If you are applying for I adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States without valid H or L visa or status.
This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country and you are not in H or L visa or status, you will abandon your I application with USCIS, and you may not be permitted to return to the United States. Q: What are the 3 years and 10 years inadmissible requirements? A: Under the Illegal Immigration Reform and Immigrant Responsibility Act of , aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.
Aliens who have been unlawfully present in the United States for more than days, but less than one year, are inadmissible for 3 years; those who have been unlawfully present for one year or more are inadmissible for 10 years. Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status. Q: What about my family members' I applications?
A: This is the stage where your immediate family members are formally a part of the process, in that separate I Application to Adjust Status to Permanent Resident are filed for each family member. The same forms and documents filed for the main applicant are also filed for these family members, except the employment authorization applications.
But you cannot obtain permanent residence for children over the age of 21 based upon your application. Q: Are my dependents eligible for I application? A: Each family member who desires a U. The I adjustment process involves the investigation of an individual's identity, health, criminal background, and the ability of financial support in the United States. Q: What personal documents will my family and I need to have for the I application? A: You and family members must have birth certificates each birth certificate must indicate full name, the full names of each parent, date of birth, and place of birth , marriage certificates and other relevant documents before the I Application to Adjust Status to Permanent Residence can be filed.
You may also wish to obtain records of all vaccinations received to provide to a USCIS approved physician when the required medical exam is performed.
i-485 STUCK with background check or additional review.17 MONTHS
Q: What are the requirements for immigration photographs? All photos must be identical. You can read the regulations at the USCIS website, or visit the Department of State's guidelines for photographs website to find out how you can take photos to meet the requirements. Q: Will I have to appear for an interview? A: Usually the interview is waived for most employment-based immigration applicants. The reason for an interview is to clarify any changes or corrections, and to verify that all documents are correct.
You may be asked to carry any documents that were missing or incorrect. You may be asked for tax records and pay stubs. Q: What happens if your 6-year limit on H-1 visa expires during this time? A: Once you apply for I, your status is considered as applicant for adjustment of status, or I pending.
You can remain in the U. If you have not applied for I and your 6-year limit is reached, then you must apply for 1-year or 3-year extension of H-1 visa. Whether you are qualified to apply for H-1 extension will depend on the status of your employment-based Green Card application. Q: What happens when my I is approved?
You can take this notice to a local USCIS District Office and get a Permanent Residence stamp in your passport, which can be used to prove eligibility for all benefits to which US permanent residence entitles you, such as unrestricted employment or travel. This stamp is temporary, normally one year in duration, but the status does not expire even if the stamp does.
The foreign national will receive the actual permanent residence card Green Card in the mail, normally in one to six months from the date of the approval. The exact length of time it takes to get the card is often erratic. Q: What is the temporary Green Card stamp? A: If your interview is waived or if it is completed, and you meet all I application requirements, you will receive an I approval letter from the USCIS. A temporary Green Card stamp I will be placed on your passport. This is an interim Green Card in case you need to travel out of the US.
Within a few months, your Green Card will arrive in the mail, But it is not green in color, and looks more like a driver's license or a credit card. Q: Can I appeal the I decision if it is denied? A: If your I application to adjust status to permanent residence is denied, you will receive a letter that will tell you why the application was denied. The only applications for permanent residency of Form I which can be appealed to USCIS are those based on a marriage which took place while the alien's application was in process, or those based on Section of Public Law , adjustment of status for certain nationals of Vietnam, Cambodia and Laos.
Q: How long is the approved I valid?
A: The I Permanent Residence status is valid indefinitely, as long as permanent residence is not abandoned through absence of six months or longer from the U. A card with this text will serve as both an employment authorization and Advance Parole document. A: With the new card, adjustment of status applicants no longer will have to carry both an EAD and a separate paper Advance Parole document while awaiting adjudication of their Form I applications. Instead, applicants only will have to carry this one credit card-sized card.
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