COMMON IMMIGRATION QUESTIONS AND ANSWERS
In this blog post we answer your immigration questions. Please contact our office or send us a message through Facebook if you have a question that has not been answered on our blog. For more information about the services we offer please visit our website. We proudly offer our immigration services to clients from all over the world. Our staff members are available to assist you in Spanish, Russian, Chinese (Mandarin), French, and Hebrew. Read our success stories to find out more about how our office has helped our clients achieve their immigration dreams.
Q: Can I provide my medical examination at the I-485 interview or must I send it with initial filing?
A: As you may have already heard, beginning September 11, 2018, USCIS will no longer issue requests for evidence for initial filings sent with insufficient evidence, and will instead deny the application without giving an applicant the opportunity to cure the defect. All applicants filing for adjustment of status to permanent resident must submit Form I-693 to be completed by a civil surgeon. While it was previously acceptable to submit a medical examination at the I-485 interview, with the changing state of the law it is highly recommended to submit the I-693 medical examination with the initial filing to avoid a possibility of denial.
Q: I have been waiting for my employment authorization card to arrive for over 7 months now. I am feeling very desperate to work and I also want to use my employment authorization card to travel using my advance parole. Is there anything I can do to speed this process up?
A: It is possible to expedite your EAD card if you have a job offer from an employer. You can file the expedite request with the initial EAD filing or separately by sending a letter to USCIS requesting the expedite along with a copy of your pending I-765 receipt notice and a copy of your job offer and any other supporting documentation that will be helpful to your case. Alternatively, you may consider involving your local Congressman to assist with your expedite request.
Q: I do not meet the income requirements to sponsor my spouse for adjustment of status. Is there any way I can qualify without using a joint sponsor?
A: Unfortunately, many people find themselves in the same position. It is possible to supplement your income with the value of your assets such as properties you own, automobiles you own, a 401(k) account, etc. For an example of how to use your assets, please review the I-864 instructions.
Per the USCIS website, “In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or child age 18 years of age or older, the total value of your assets must only be equal to at least three times the difference.”
Q: I have received my advance parole document and would like to know if I can travel while my I-485 is pending with my advance parole document.
A: This is a very interesting topic. As of late we have found that some applicants who have traveled with an advance parole document while their I-485 pending have been denied. We would recommend that applicants speak with their attorney before making any travel plans to ensure that there are no issues that may render the applicant inadmissible upon their re-entry. Applicants who overstayed their visa or are applying for adjustment of status through any basis other than marriage to a U.S. Citizen spouse should exercise caution and seek the advice of an attorney before traveling.
Q: My I-485 has been pending for over a year now, and I am worried that my application will continue pending past September 11th and I will no longer receive an RFE or NOID if there is a problem with my application. What can I do in this situation?
A: If you did not file with an attorney you may consider obtaining an attorney to review your case and attend the interview with you. If you are denied for any reason, your attorney may file an I-290 Motion to Reopen, as well as other options. Please discuss your individual case with an attorney if you have any concerns.