Articles Posted in Green card

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In this post we discuss the top five most common reasons your adjustment of status application may be denied.

Financial Reasons

One of the requirements to receive adjustment of status in the United States is to prove that the petitioner (the U.S. Citizen or LPR spouse) has sufficient income or assets to support you based on the petitioner’s household size when filing the I-864 Affidavit of Support. The petitioner must meet at least 125% of the U.S. poverty guidelines in order to sponsor the beneficiary of the adjustment of status application. If the petitioner does not meet that income requirement, they may be able to use assets such as properties, a 401(k), mutual investment fund, ownership of stocks, ownership of two or more automobiles to supplement their income. However, if the petitioner will be using the value of their assets to supplement their income, the total value of the assets must be equal to at least three times the difference between the total household income and 125% of the U.S. poverty guidelines for their household size. For an example of how to use assets to supplement income, please review the I-864 affidavit of support instructions.

If the petitioner does not meet the income requirement and cannot supplement the shortage with their assets, they must obtain a joint sponsor who does meet 125% of the U.S. poverty guidelines based on their income. A joint sponsor can be anyone that is a U.S. Citizen or LPR that satisfies the poverty guidelines.

One of the most common reasons for a denial of the adjustment of status application is that the petitioner and/or joint sponsor does not meet the required income requirement. Failure to respond to a request for evidence with satisfactory evidence will mean a denial of the application, even before the couple gets to the interview stage.

Public Charge

If USCIS believes that the beneficiary will likely become dependent on the U.S. government for long-term care or financial support, the green card application will be denied. USCIS reviews the I-864 affidavit of support and income documentation closely to determine whether the beneficiary is likely to become a public charge. Factors that may be considered to make this determination include the total income of the petitioner, the joint sponsor, assets, resources, and general financial status at the time of filing.

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In this post, we share with our readers the top five things you need to know before applying for the I-751 Petition to Remove Conditions on Residence.

  1. You must file the I-751 Removal of Conditions if you were granted Conditional Resident status (a 2-year green card) based on marriage to a U.S. Citizen or lawful permanent resident

A conditional permanent resident receives a green card that is valid for a 2-year period. Conditional permanent residence is given to foreign nationals who have been married for less than 2 years, on the day that the application for permanent residence was approved. Conditional permanent residents have “conditional” status instead of “permanent” resident status, because they must prove that they did not marry the US Citizen or LPR spouse solely to obtain an immigration benefit. These individuals must go through the additional hurdle of filing Form I-751 Petition to Remove Conditions on Residence to obtain a permanent resident card (10-year green card).

  1. You must file the I-751 petition in a timely manner

The I-751 Petition to Remove Conditions on Residence must be filed during the 90-day window immediately before the conditional residence will expire (see the conditional green card’s expiration date and subtract 90 days).

  1. Consequences of Failing to File

If you fail to remove your conditions before the 90-day window closes, you will automatically lose your permanent resident status on the second anniversary of the date you were granted conditional status. You are then subject to removal from the United States. You may only file an I-751 petition after the expiration date of your conditional residence if you demonstrate that your delay in filing the petition was due to extraordinary circumstances beyond your control

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In this post, we share with our readers the top five things you need to know before filing for citizenship.

  1. You must be a lawful permanent resident of the United States for a required period of time to apply for citizenship

In order to apply for citizenship, you must be a lawful permanent resident of the United States for a specified period of time. The period of time you must wait before filing for citizenship depends on how you acquired your permanent residence.

If you acquired your permanent residence based on marriage to a United States Citizen spouse, and you are still married to that individual, you may apply for citizenship once you have reached a 3-year period of continuous residence as a legal permanent resident.

If you are no longer married to the U.S. Citizen spouse through which you gained your permanent residence, or if you did not gain your permanent residence based on marriage, you may apply for citizenship once you have reached a required 5-year period of continuous residence as a legal permanent resident.

  1. You must demonstrate that you have been physically present in the United States and maintained continuous residence for a required period of time in order to file for citizenship

Physical Presence

In order to apply for citizenship, you must demonstrate that you have been physically present in the United States for at least 30 months in the 5 years preceding your citizenship application.

Continuous Residence

In addition, you must demonstrate that you have maintained continuous residence in the United States for a 3- or 5-year period depending on how you obtained your permanent residence. This means that you must not have taken any trips outside of the United States that lasted more than 6 months out of the year in the 5 years preceding your citizenship application. Trips outside of the United States include trips taken to Mexico.

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H-1B Update: Return of Unselected Petitions

USCIS has now completed data entry for all fiscal year 2019 H-1B cap-subject petitions that were selected in this year’s H-1B visa lottery. USCIS will begin the lengthy process of returning thousands of H-1B cap-petitions that were not selected in the lottery. Although USCIS has not provided a time frame on when they will begin returning unselected petitions, in previous years, our office began receiving unselected petitions in mid-June. All unselected petitions will include an official hard copy rejection notice from USCIS.

Updated Policy Guidance regarding Adjustment of Status interviews.

USCIS has revised its policy for adjustment of status interviews. All adjustment of status applicants must be interviewed by an officer unless USCIS determines that the interview is unnecessary. The decision to waive the adjustment of status interview is determined on a case-by-case basis.

In the following circumstances the adjustment of status interview may be waived:

  1. General Waiver Categories

“USCIS officers may determine, on a case-by case-basis, that it is unnecessary to interview certain adjustment of status applicants. The following list includes, but is not limited to, categories of cases where officers may decide to waive an interview: 

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In this post, we discuss the top five reasons applicants are denied at their citizenship interview.

First let’s go over some basics:

In order to become a United States Citizen, you must meet the following general requirements at the time of filing your N-400 Application for Naturalization:

 

You must be:

  • A lawful permanent resident
  • At least 18 years of age
  • Maintained continuous residence in the United States since becoming a permanent resident
  • Be physically present in the United States
  • Have certain time living within the jurisdiction of a USCIS office
  • Be a person of Good Moral Character
  • Have Knowledge of English and U.S. Civics with some exceptions outlined below
  • Declare loyalty to the U.S. Constitution

As part of the citizenship interview, applicants must pass a civics and English test in order to receive United States Citizenship. The Civics test is an oral examination provided in the format of Question and Answer by an immigration officer in which the officer tests your knowledge of United States history and government. During the Citizenship interview, the USCIS officer asks the applicant up to 10 out of 100 civics questions provided by USCIS on their website as part of the study material for the examination. Applicants must answer 6 out of 10 questions correctly to pass the civics portion of the naturalization test.

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On Friday, March 30, 2018, the Department of State published a 60 day notice in the Federal Register entitled “Notice of Proposed Information Collection: Application for Immigrant Visa and Alien Registration,” proposing to require immigrant visa applicants to submit five years of social media history as part of the information requested on the DS-260 Immigrant Visa Electronic Application used by applicants to schedule Immigrant Visa interviews at U.S. Embassies and Consulates worldwide. The DS-260 is an Electronic Form that is completed by immigrant visa applicants and used by consular officials to determine whether the applicant is eligible for an immigrant visa.

Specifically, the Department wishes to, “add several additional questions for immigrant visa applicants. One question lists multiple social media platforms and requires the applicant to provide any identifies used by applicants for those platforms during the five years preceding the date of the application.”

Information provided by immigrant visa applications relating to their social media will be used to enhance “vetting” of applicants to verify their identity, ensure that they meet all visa eligibility requirements, and to prevent individuals from entering the country who pose a threat to the county’s national security, or have been associated with a terrorist organization.

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Andrew, a real estate professional and Vice President of a large real estate firm headquartered in Asia, came to our office to discuss the possibility of filing for an EB-2 National Interest Waiver. To receive a national interest waiver, the applicant must demonstrate a high level of achievements and unique skills pertaining to their position to justify a waiver of the requirements of a job offer and labor certification filing.

The challenge in Andrew’s case was the absence of demonstrated achievements in the real estate business, and various non-disclosure agreements the client had signed restricting the documentation he could provide to demonstrate his exceptional ability in the industry, based on the high net worth projects he had worked on in the real estate industry. There were however other strengths that Andrew possessed that would qualify him for the national interest waiver. Andrew possessed a law degree from his home country, a master’s degree in taxation, a master’s degree in real estate from an ivy league university, and he was licensed to practice law in the United States. In addition to possessing these advanced degrees, two of which were received in the United States, Andrew’s career in the real estate sector spanned nearly 21 years.

The difficulty however remained in that Andrew did not have many documents to present to USCIS demonstrating his achievements as an entrepreneur and real estate investor, and the projects he was working on could not be disclosed based on the confidentiality agreements he had signed. Our experienced staff and attorneys decided that the best strategy in Andrew’s case was to highlight his education and vast experience in the industry having maintained high level positions in the industry, leading international real estate teams, heading overseas real estate and property management implementation strategies across various continents, and initiating/implementing domestic real estate acquisition projects totaling more than $4 billion in investment. We are happy to report that our strategy was successful and Andrew’s national interest waiver was recently approved. Here is how we did it.

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Beginning April 1st New Delhi Will No Longer Process IR1/CR1 or IR2/CR2 visas

The U.S. Department of State announced via their website that the U.S. Embassy in New Delhi will no longer process IR1/CR1 visas for spouse of US Citizens or IR2/CR2 visas for unmarried minor children of US Citizens beginning April 1, 2018. Foreign nationals who are in the process of obtaining an IR1/CR1 visa or IR2/CR2 visa with an interview that has been scheduled on or after April 1, 2018, will have their interview at the U.S. Consulate General in Mumbai. We recommend that petitioners be on guard for any letters from the National Visa Center specifying the location of the intending immigrant’s interview, as well as details about how to prepare for the interview stage.

President’s DACA Deadline Passes

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During December of last year, the United States Citizenship and Immigration Services (USCIS), announced that the agency was beginning to take preliminary steps to terminate H-4 Employment Authorization for certain H-4 spouses, a privilege that has been available to eligible spouses of H-1B nonimmigrant workers since 2015. As it stands, the 2015 H-4 EAD rule allows certain H-4 dependent spouses of H-1B nonimmigrant workers the ability to obtain an employment authorization card (work permit), provided the H-1B nonimmigrant worker is in the process of obtaining an employment based green card.

Proposal to Amend the 2015 H-4 EAD Rule

On December 14, 2017, a rulemaking notice was first published in the Federal Register notifying the public that the Department of Homeland Security, in conjunction with USCIS, would be reviewing and possibly amending the 2015 H-4 EAD rule, following the issuance of Executive Order 13788, “Buy American, Hire American.”

According to the notice published in the Federal Register, DHS reserves the authority to amend the 2015 H-4 EAD rule under section 102 of the Homeland Security Act of 2002 and section 103(a) of the Immigration and Nationality Act (INA). These sections of the law give the Secretary of the Department of Homeland Security the discretionary power to amend the law so that it aligns with the policies set out in the President’s executive order.

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In an effort to modernize and streamline the application process, the United States Citizenship and Immigration Services (USCIS) has finally announced that it will begin to accept payment via credit card for all 41 fee-based forms. Previously, applicants were required to make filing fee payments by personal check or money order for most fee-based forms. Now applicants will be able to use their credit cards to pay their filing fees using Form G-1450 Authorization for Credit Card Transaction.Accepted credit cards include Visa, MasterCard, American Express and Discover cards.  Applicants for naturalization and those renewing or replacing their Green Cards can pay via credit card using the e-file system.

Applicants filing any of the following forms with a USCIS Lockbox facility may now utilize the credit card payment option. Please remember to include Form G-1450 along with your application when filing by mail:

*Most frequently used forms appear in bold.

For a complete list of filing fees please click here.

Form Number Form Name
EOIR-29 Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
G-1041 Genealogy Index Search Request
G-1041A Genealogy Records Request
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document
I-129F Petition for Alien Fiance(e)
I-130/A Petition for Alien Relative
I-131 Application for Travel Document
I-140 Immigrant Petition for Alien Worker
I-212 Application for Permission to Re-apply for Admission into the U.S. After Deportation or Removal
I-290B Notice of Appeal or Motion
I-360 Petition for Amerasian, Widow(er) or Special Immigrant
I-485 Application to Register Permanent Residence or Adjust Status
I-485 Supp A Supplement A to Form I-485, Adjustment of Status under Section 245(i)
I-526 Immigrant Petition by Alien Entrepreneur
I-539/A Application to Extend/Change Nonimmigrant Status
I-600 Petition to Classify Orphan as Immediate Relative
I-600A Application for Advance Processing of Orphan Petition
I-601 Application for Waiver of Grounds of Inadmissibility
I-601A Application for Provisional Unlawful Presence Waiver
I-690 Application for Waiver of Grounds of Inadmissibility
I-694 Notice of Appeal of Decision Under Sections 245A or 210 of the INA
I-698 Application to Adjust Status from Temporary to Permanent Resident (under Section 245A of the INA)
I-765 Application for Employment Authorization
I-800 Petition to Classify Adoptee as an Immediate Relative
I-800A Application for Determination of Suitability to Adopt a Child from a Convention County
I-817 Application for Family Unity Benefits
I-821 Application for Temporary Protected Status
I-824 Application for Action on an Approved Application or Petition
I-829 Petition By Entrepreneur to Remove Conditions on Permanent Resident Status
I-90 Application to Replace Permanent Resident Card
I-910 Application for Civil Surgeon Designation
I-941 Application for Entrepreneur Parole
N-300 Application to File Declaration of Intention
N-336 Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the INA
N-400 Application for Naturalization
N-470 Application to Preserve Residence for Naturalization Purposes
N-600 Application for Certificate of Citizenship
N-600K Application for Citizenship and Issuance of Certificate Under Section 322