In each permanent resident (“green card”) case, one must decide whether to request consular processing (CP) or adjustment of status (AOS). There are two possibilities for this last step in the green card process: adjustment of status within the United States or processing for an...
The concept of priority dates is confusing for many. There are statutory limits to the number of foreign nationals who may be granted permanent residency (commonly, green cards) under all employment-based (EB) and most family-based (FB) categories. For these types of green card cases, priority...
For many, the close of each calendar year brings with it holidays and good cheer. For some, however, there looms the possibility of layoffs as employers assess their needs for the coming year. This is now true in the tech industry and its many H1B...
Under U.S. immigration law, if a foreign national applies for a nonimmigrant visa or for admission to the United States as a nonimmigrant, the application often can only be approved if the individual can demonstrate a lack of immigrant intent. There are a few notable...
For most types of immigrant petitions, such as a family-based petition for an alien relative (form I-130) or an employment-based petition for an alien worker (form I-140), the petitioner must indicate whether the foreign national beneficiary will be applying for adjustment of status (form I-485)...
Foreign nationals may be deemed ineligible for admission (i.e. inadmissible) to the United States for a variety of reasons. Common grounds of inadmissibility include the following: medical grounds, criminal grounds, and immigration violations (including fraud or material misrepresentation in connection with an immigration benefit). In...
Most foreign nationals in the United States must report address changes to the U.S. Citizenship and Immigration Services (USCIS). The legal timeframe for this notification is just ten days. The process is simple and free, and helps to facilitate proper delivery of official notices and...
To apply for a U.S. visa, an applicant must first complete the nonimmigrant visa (NIV) application form DS-160. The next step in the visa application process is to schedule a U.S. visa appointment. An overview of the process of creating a profile, paying the requisite...
Under the U.S.-Mexico-Canada Agreement (USMCA), qualifying Canadian and Mexican nationals can work in the United States in a wide range of positions under the USMCA professionals (TN) classification. Although the TN classification has some key limitations, in many cases it can provide employers with a...
204(l) of the Immigration and Nationality Act (INA) governs the eligibility for certain continued immigration benefits to surviving family members through a deceased qualifying relative. 204(l) applies to the principal and any derivative beneficiaries of a pending or approved family-based visa petition, any derivative beneficiaries...
