245i
245(i) is a provision of the Immigration and Nationality Act that permits certain foreign nationals to apply for Adjustment of Status notwithstanding an unlawful entry. To be eligible for 245(i) you must have had an Immigrant Visa Petition or Labor Certification filed on your behalf prior to April 30, 2001. If your petition or labor certification was filed after January 14, 1998, you must also prove that…
Adjustment of Status
Adjustment of Status describes one manner in which certain foreign nationals who are already present in the United States may apply for a green card. If you are eligible for Adjustment of Status, you will not have to leave the U.S. to obtain your green card. By contrast, anyone not eligible for adjustment of status must apply for a green card at a foreign consulate…
Citizenship/Naturalization
There are two main ways to become a U.S. citizen— either by acquiring or deriving citizenship status at birth through your U.S. citizen parents or grandparents, or through naturalization. In order to be eligible for naturalization, you must first be a Lawful Permanent Resident for at least three or five years (depending on how you became a resident). Additionally, certain members and veterans of the…
Consular Processing
Consular Processing is one of two types of processing for foreign nationals who are eligible to obtain Lawful Permanent Residence. Consular processing is available to foreign nationals who are outside of the United States and wish to apply for a green card at a foreign embassy or consulate. By contrast, Adjustment of Status, is the type of processing available to foreign nationals who are already…
Hardship Waivers
If you have accrued unlawful presence (i.e. you have overstayed the validity period of your status or entered the U.S. illegally), you may be subject to a 3 or 10 year bar upon your departure from the U.S. However, if you have a qualifying relative in the U.S. (i.e. a U.S. citizen or Lawful Permanent Resident spouse, parent, or child) who will suffer extreme hardship if…
Lawful Permanent Residence
Obtaining Lawful Permanent Residence is what is typically referred to as obtaining a “green card.” Lawful Permanent Residence allows foreign nationals to live and work in the United States permanently. There are various ways through which you may obtain Lawful Permanent Residence including the following: an immigrant visa petition filed by a relative an immigrant visa petition filed by an employer EB-1A Extraordinary Ability Self-Petition…
Obtaining Employment Authorization
In order for a foreign national to be authorized to work in the United States, you must have either a Lawful Permanent Resident Card (Green Card) or an Employment Authorization Document (EAD). Generally, in order to obtain an EAD, you must first obtain a visa that permits work authorization. There are additional classifications, such as Asylum and Temporary Protected Status, that also allow for work authorization. …
Removal of Conditions on Permanent Residency
Lawful Permanent Residents (LPR) who received their green cards through marriage and were married for less than two years at the time permanent residency was granted will receive what is called “conditional residence.” Conditional residence means that the LPR will receive a green card that expires after two years. Just before the two years is up, the LPR, together with his or her spouse, will…
Unlawful Presence and the 3/10 Bar
Being present in the United States without a valid visa is called “unlawful presence” and is a violation of U.S. immigration laws. A person can begin to accrue unlawful presence in two ways: (1) by staying in the U.S. past the expiration date of a valid status (i.e. “overstay”), or (2) by entering the U.S. without being inspected by an immigration official (i.e. “entry without…