This law allows a person who entered the United States without papers, no visa, and who wants to file for their Green Card through their spouse, or through their parents, or a sibling to stay in the United States.
They don’t have to go back to their home country if one of the following occurred: either an immediate relative petition or labor certification was filed on her behalf on or before April 30, 2001.
If it were that, that petition follows you to any other application you want to file, it waives you from returning to your home country, but you do have to pay a $1,000 fine on top of the regular fees.
If these applications were filed after January 15, 1998, you do have to show that you were in the United States as of December 20, 2000. If not, you’re not eligible for that.
One more important thing: if a relative petition or labor certification was filed for your parents and you were under the age of 21 when those petitions were filed, you are still eligible under 245-I law.
Yes. When you file the adjustment of status application, you automatically file for employment authorization.
Employment authorization is going to take approximately 75 to 90 days for it to be approved. Technically, you’re not supposed to be working prior to obtaining an employment authorization. However, there are probably 11 million people in the United States that are working without authorization.
I will say this: You should not work. However, if you are filing to obtain your permanent resident status through a spouse, working without authorization is not going to affect you obtaining adjustment of status.
Yes, assuming that the marriage was valid, and you can show that the marriage was valid.
You most likely would have to file a separate form, and it may take a little bit longer for you to obtain your Green Card status, but there is a lot of hope.
The documents you need to file an adjustment status application really depends on what the relationship is between you and the beneficiary who you are filing for.
For example, for a spouse, obviously we will need a marriage certificate, birth certificate, and proof that the marriage is valid, or that you have a life together, a rent receipt, bank accounts, health insurance, car loans, or birth certificates of your children.
If it’s just a child, all you need is your birth certificate, your child’s birth certificate, and usually the marriage certificate.
Filing fees are incredibly expensive. You’re looking at $1,490 for adjustment application, which includes the I-130.
The interview should go rather smoothly if you have thoroughly documented the case.
The process can get complicated or it may not be. It really depends on what immigration officer you’re going to have. At least that’s been my experience.
If it’s a marriage case and it’s a short relationship before you got married and there’s not a lot of supporting documents showing the validity of the marriage, the officer may separate each one of you and conduct and interview.
At that type of an interview, the attorney is able to be in the interviewing room with each person. It really depends on the case. If you’ve documented the case very thoroughly and you have children, for example, the interview should go rather quickly.
There are two methods for obtaining permanent resident status in the United States, as recognized by the United States Citizenship and Immigration Services (USCIS). One is by applying for an adjustment of status. The other is by undergoing consular processing. Read on to discover the difference between the two and… Read More
If you wish to be lawfully permitted into the United States, you may effectively achieve this by expressing your interest in serving in the American workforce. In other words, you may apply for a work authorization permit. But you may stand out even more if you express your extraordinary ability… Read More
You may have finally filled out and submitted the long, complex, and time-consuming petition for a K-1 visa (i.e., a fiancé visa). However, your job may not be over just yet. That is, your final step may be attending an interview conducted by a United States Department of State consular… Read More
You may have done everything in your power to abide by the strictly enforced application guidelines and build a strong case for your eligibility to retrieve a United States visa. So you may feel depleted and discouraged if this long and extensive process ultimately results in a denial by the… Read More
