-
The Green Card Process for Foreign Workers
I’ve met with many employers with the same issue – they are having a hard time finding workers. One potential solution is petitioning for foreign workers to fill those jobs. The process works and can fill a range of jobs from landscapers to cooks to hotel workers to tech jobs and everything in between. However, the caveat is that it will take time, and it can take even longer depending on where the foreign worker was born (nationals from India can end up waiting almost 10 years for a green card through an employer). My answer to employers who say that they need workers now and cannot wait long is…
-
USCIS Extends Green Card Extensions to 24 Months For Green Card Renewals
On September 28, 2022, USCIS announced effective September 26, 2022, they will automatically extend green cards for an additional 24 months for those who have filed for a renewal. Green card holders who have applied to renew their expired or expiring green cards will receive a 24-month extension notice, which used to be 12 months. For those who applied for renewal prior to September 26, USCIS should be sending new receipt notices to reflect the 24-month extension. To renew a green card, the earliest a renewal can be sent is within 6 months before the current green card expires. Almost all green card renewals are never approved within 6 months…
-
Which One Processes Faster? A Fiance(e) Visa or Spouse Visa?
I meet with many people who ask me if they should do a fiance visa or spouse visa if their significant other is not in the U.S. and will process at a U.S. consulate. Generally speaking, the fiance visa will be faster if the goal is to be together in the U.S. as soon as possible. Remember that once your fiance comes to the U.S. with the fiance visa (K1 visa), you must get married within 90 days of your fiance entering. Once you are married, the green card application can be filed, and your fiance would remain in the U.S. while that is processed. Eventually, an interview will be…
-
My Green Card Will Expire Soon, but I Filed for a Renewal. What Happens if I Don’t Get My Green Card Before My Current One Expires?
If your green card is going to expire soon, and you have already filed for renewal, what happens once your current green card does expire and you don’t have your new green card yet? Fortunately, you’ll be just fine. When you send in your renewal application, USCIS will send you a receipt notice confirming they have received the file and it’s processing. That receipt notice will also serve as an automatic 12-month extension of your current green card. If the expiration date on your green card shows October 1, 2022, that notice autonomically extends it for another 12 months. If you are in this situation and need to show proof…
-
USCIS Updated Policy on the 3-Year and 10-Year Unlawful Presence Bars
On June 24, 2022, USCIS issued new guidance on the 3 and 10-year bars and green cards, but this new policy will only apply to a limited group of people. You can go read my post here that goes into detail about these unlawful presence bars. A brief summary of the 3 and 10-year bar is this – if a person has been in the U.S. beyond their authorized period of stay for more than 180 days but less than a year and they leave, they will be barred from coming back to the U.S. for 3 years. If the person stays for more than 1 year beyond their authorized…
-
Employment-Based Immigration, Family-Based Immigration, Green Card, Lawful Permanent Residency, Policy Change, U.S. Citizenship
Why Could Your Case Be Taking So Long? USCIS Processing Delays Remain at Crisis Level
Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (USCIS) to process and approve applications and petitions. Based on previously available USCIS data, in Fiscal Year (FY) 2014, an average case took about five months to process. In FY2020, an average case took more than nine months. Anyone who files applications or petitions with USCIS is affected. You and other people applying for family-based benefits, employment-based benefits, naturalization, travel documents, and employment authorization are all experiencing delays. Between FY2017 and FY2019, USCIS’s processing times for all petitions and application form types rose more than 37%. The dramatic…
-
The 3 Agencies Involved in Immigrant Visa Cases: USCIS, NVC, and the U.S. Consulate/Embassy
I want to preface this post by saying that all three of these agencies are involved when a family member or employee is being petitioned for, and that person is not currently in the U.S. and will be processing at a U.S. consulate/embassy abroad. However, there are instances when a person is going through the immigration process that involves the I-601A stateside waiver process (you can read more about that process on this blog post), and dealing with these three agencies would also apply in those cases. For anyone who wants to be petitioned for, or if the person is self-petitioning, to become a green card holder in the U.S.,…
-
Employment-Based Immigration, Family-Based Immigration, Green Card, Lawful Permanent Residency, Policy Change
COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021
Starting October 1, 2021, U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State will require COVID-19 vaccinations for all applicants applying for refugee or lawful permanent residence, with some exceptions. All applicants who receive their medical examination ON OR AFTER October 1, 2021, must complete the COVID-19 vaccine series and provide documentation of vaccination. This change will impact anyone who completes the medical exam ON OR AFTER October 1, 2021. If the exam is completed BEFORE October 1, 2021, and it remains valid, the COVID-19 vaccine will not be required. Waivers for the vaccine may be available in these scenarios: -Not age-appropriate -Contraindiction – a reason for…
-
Important Information on the Public Charge Rule Effective 2/24/2020
On January 27, 2020, the U.S. Supreme Court ruled that it would allow the public charge rule that was supposed to go into effect on October 11, 2019, but was stopped, to now go into effect. USCIS recently issued a news alert stating that it would start implementing this rule on February 24, 2020. Any files that are postmarked on or after February 24, 2020, will be subject to this rule. I had written blog post about this last year when it was set to go into effect on October 14, 2019. See my blog post here where I discussed this public charge rule, and what applicants applying for green…
-
What You Need to Know About the Differences Between Adjustment of Status and Consular Processing
If you want to become a lawful permanent resident (aka LPR or green card holder), you will either do it through adjustment of status or consular processing. The way you choose depends on where you are when a visa becomes available, your preferences, and your circumstances. If you are already living in the United States, you can become a lawful permanent resident without leaving the country by applying for adjustment of status. If you are outside of the United States, you can use consular processing to be admitted as a lawful permanent resident. A question I get asked often is if a person can travel to the U.S. on a…
