Articles Posted in Adjustment of Status

By Marie Puertollano, Esq.

When an immigrant gets married with a U.S citizen, the immigrant can obtain a green card either through consular processing, if the immigrant is outside the United States, or through adjustment of status within the United States, if the immigrant entered with a visa and is present in the United States. This article will focus on the interview that will be the last step of the adjustment of status and will take place at a USCIS field office within the United States.

Why are we interviewed?

6263551146_8d70e2698c_z
You are a H-1B visa holder from a country with a backlogged employment based category and you are currently living and working in the United States. You have applied for permanent residence through your employer. You have been working for the same employer for years and have extensive experience in your field. Despite all of these factors, you are still waiting in line for your priority date to become current, and what’s more, your spouse has not been eligible to apply for their employment authorization due to the restrictions on their visa. What, if anything, can be done to receive your permanent resident card sooner?

Thousands of immigrants are in the same hypothetical situation. Comprehensive Immigration Reform is necessary not just for undocumented immigrants living in the United States, but also for such specialty workers who regularly contribute to our economy and society, but are stuck in limbo awaiting their permanent residency. Comprehensive immigration reform is also necessary because specialty occupation workers often run out of their H-1B status while they are in line for their priority date to become current. If the specialty occupation worker is married, chances are their spouse has not had the opportunity or privilege to legally obtain employment while the primary applicant has been in line waiting to adjust their status. Many immigrants who have found themselves in similar situations fear international travel due to the risk they may run in not being able to return to the United States.

Bypassing the Quota System

USCIS recently announced new policy changes regarding Form I-693, Report of Medical Examination and Vaccination Record. Starting June 1, 2014, USCIS has limited the validity period for all Forms I-693 to one year from the date that USCIS receives the form. This updated policy applies to any Form I-693 supporting a benefit application that USCIS adjudicates on or after June 1, 2014.

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

8011274458_95ea582e2f_z

By Marie Puertollano, Esq. 

Form 1-131 Application for Travel Document is the form you must file with immigration when requesting a travel authorization from USCIS. This Application for Travel Document can be requested in various situations for the purposes of obtaining a reentry permit or advance parole.

One of the most common Form I-131 application’s we file within our practice, is the advance parole for an applicant who has a pending I-485 Application to Register Permanent Residence or Adjust Status application for a green card. While awaiting a decision from USCIS about the green card application, the applicant CANNOT leave the United States without a travel authorization issued by USCIS, or the application will be considered abandoned.  Given that many applicants need to travel while their green card application is pending, we submit an I-485 Application to Register Permanent Residence or Adjust Status application along with Form I-131 Application for Travel Document to request an advance parole which will allow the green card applicant to travel once it is issued by USCIS, approximately 60-90 days after being filed. The applicant need not pay any fees for the I-131 Application for Travel Document, if it was submitted with an I-485 Application to Register Permanent Residence or Adjust Status, to obtain a green card.

 12547460034_6c9836d704_z

Common Issues and Preparation Tips

Below are some helpful tips and information that will help prepare you to file for your alien spouse or fiancé. This guide will also cover common issues to avoid that we have come across in our practice.

In order to successfully file a petition for your alien spouse or fiancé, you must first take care of four very important things: