Ari Sauer: The Immigration Answer Man

You've heard him on Greg Siskind's national teleconference series. Now Ari Sauer, the "Immigration Answer Man" of Siskind Susser, has created a blog where he takes your questions on immigration law and answers them here. Have a question for Ari? Ask him at immigrationanswerman@gmail.com!

Ari Sauer is an associate attorney with Siskind Susser, PC. For Ari’s full bio, visit http://www.visalaw.com/ari.html. You can schedule a consultation with Ari or with one of Siskind Susser’s other attorneys at http://www.visalaw.com/intake.html or by calling 1-800-343-4890 or 901-682-6455.

On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney client relationship. Immigration laws and regulations are constantly changing. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney.

Monday, June 29, 2009

USCIS mistakenly withdrew my I-140 petition. How do I correct the mistake?

QUESTION- My I-140 was approved in 2006 and still working with sponsoring company.

Now my attorney got withdrawal/termination decision on my I-140, saying that my company requested the withdrawal of my I-140. My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.

Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?

ANSWER- Your attorney should file a Motion to Reopen, and include affidavits from them and from the signatory of the I-140 attesting to the fact that they did not send in a request to pull the I-140.

While it may be that USCIS might reopen on their own motion based on the letter from your attorney, you only have 33 days to file a MTR. If USCIS does not reopen on their own motion and you do not file a MTR within 33 days, then you have lost the chance to file a MTR, and have no authority to appeal the Services decision not to reopen on their own motion.

So you definitely want to file a MTR. It is worth the filing fee.

Of course , before you file a MTR and pay the filing fees, you want to make sure that you company didn't accidentally send in a letter requesting your I-140 be withdrawn along with the other 12. It would have been an easy mistake to have made. If that is the case, I would say it is unlikely that USCIS would reopen.

# posted by Ari Sauer the Immigratio Answer Man @ 11:58 AM

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Monday, June 22, 2009

I have been charged with Solicitation of a Prostitute. How will this affect my immigration status?

Today’s question is being answered by guest expert John Richbourg. John is an immigration law attorney with Siskind Susser, P.C. To view John’s full bio, visit http://www.visalaw.com/jrichbourg.html. You can schedule a consultation with John Richbourg or with one of Siskind Susser’s other attorneys at http://www.visalaw.com/intake.html or by calling 1-800-343-4890 or 901-682-6455.

QUESTION- I am a Canadian citizen and I have been charged with the crime of Solicitation of a Prostitute. This is the first time I have been charged with a crime. I have been offered a sentence of six months probation if I plead guilty. If I accept this agreement will it affect my immigration status?

ANSWER- The first question, in determining the consequences of this, or any other criminal conviction, is whether it is a Crime Involving Moral Turpitude (CIMT). CIMT’s can result in a foreign national being denied entry into the U.S.; ineligible for a change or extension of nonimmigrant status; ineligible to adjust status to become a Permanent Resident; and can make the foreign national subject to removal from the U.S. even if they are otherwise in a legal status. Prostitution is a CIMT. Therefore it is highly likely that a USCIS adjudicator or an Immigration Judge would determine that Solicitation of a Prostitute is a CIMT.

However, CIMT’s are forgiven when they fall under the Petty Offense Exception. A CIMT falls under the Petty Offense Exception where the maximum punishment that can be given for the crime is one year or less and the foreign national is not sentenced to imprisonment for more than 6 months. Keep in mind that in some cases the Judge will issue a sentence of imprisonment for more than 6 months and then suspend the jail time. When this happens, even though the foreign national is imprisoned for less than 6 months, the sentence is for more than six months of imprisonment, and therefore the conviction does not fall within the Petty Offense Exception. On the other hand, if the foreign national is sentenced to no jail time, but is sentenced to more than six months of probation, and the maximum penalty is a year or less, the conviction falls within the Petty Offense Exception.

The Petty Offense Exception only applies where the foreign national has only one conviction for a CIMT. If the foreign national has been convicted for more than one CIMT’s the Petty Offense Exception does save them.

Generally speaking, Solicitation of Prostitution is a misdemeanor which usually means the maximum punishment is less than a year. As a result, a punishment of a fine and a period of probation with no jail time would generally fall within the Petty Offense Exception for CIMT’s. However, laws governing criminal convictions vary between states, so this may not be true everywhere.

Another exception for CIMT is where the foreign national was under 18 at the time they committed the crime. Ins such a case, the CIMT would be forgiven after 5 years from the date of the crime or the date they were released confinement, whichever was later. However, just like the Petty Offense Exception, this exception only applies where the foreign national has only been convicted of one CIMT.

Where a foreign national is convicted of a CIMT, and these exceptions are not available, there are waivers of the consequences of a criminal conviction. However, that topic will have to be covered in a future posting.

A criminal conviction, even one that is not a CIMT, can result in a longer wait to be eligible for naturalization to U.S. citizenship.

The laws governing the consequences of criminal convictions for non-citizens are very complicated. Therefore it is important for any non-citizen who is charged with a crime to hire a criminal law attorney and have their criminal law attorney consult with an experienced immigration law attorney before accepting any plea bargain.

# posted by Ari Sauer the Immigratio Answer Man @ 9:20 PM

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Wednesday, June 17, 2009

Can I become a Permanent Resident based on the fact that I have a minor U.S. citizen child?

QUESTION- I am a Canadian citizen who is in the U.S. in TN nonimmigrant status. My wife and oldest daughter are here in TD nonimmigrant status as my dependants. My wife and I recently had another daughter, who was born here in the U.S. and is a U.S. citizen. Can my family and I become Permanent Residents based upon the fact that we have a U.S. citizen child?

ANSWER- No. A U.S. citizen can petition for their parents to become Permanent Residents, but they must be 21 years old to do so. A U.S. citizen must be 18 years old to petition for a sibling. So you cannot receive Permanent Residence by virtue of having a U.S. citizen child who is a minor. If you become ineligible to maintain your TN status, and are unable to change or adjust to another status, you and your family will have to return to Canada. While your U.S. citizen daughter has the right to live in the U.S., that does not automatically grant you that right as her parent.

In certain circumstances, the parent of a U.S. citizen will be eligible for relief from removal by the government, called Cancellation of Removal, based upon meeting several criteria, one of which can be met by having a U.S. citizen child. However, that will be the topic of another posting.

If you wish to live in the U.S., I suggest that you speak with your company and an immigration law attorney about switching to an H-1B visa, which is a dual intent visa (which means you can have it even if you have shown an intent to live in the U.S. permanently), and having your company start the process of sponsoring you for a green card.

# posted by Ari Sauer the Immigratio Answer Man @ 8:06 PM

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Tuesday, June 16, 2009

My H-1B extension of status has been denied. Can I still leave the U.S. and reenter on a new H-1B visa?

QUESTION- I have been working in the US in H-1B status since 2005. Shortly after I came to the U.S. my company transferred me to a different location, but never filed an amendment to my H-1B. In 2008 my company filed an extension of my H-1B petition, but due to the fact that I had been working in a different location, my Extension of Status was denied in February of 2009. My company has filed an appeal of the denial to the AAO, but I am not hopeful about the chances of the denial being overturned. My company has filed an I-140 petition for me, but I have not filed an I-485 application for adjustment of status as a visa is not yet available for my petition. What are my options?

ANSWER- Your biggest concern is that you have begun to accrue unlawful presence as of the date that your extension of status was denied. The fact that the denial has been appealed does not stop unlawful presence from accruing. If you remain in the U.S. more than 180 days from the date of your denial you will be limiting your options.

However, if you leave the U.S. before then, you can have your company file a new H-1B petition for you (you will not be subject to the cap) and you can apply for a new H-1B visa. Your past violation should not bar you from being able to receive a new H-1B visa, since there was no fraud, but only an oversight on the part of your company. For an additional $1,000 filing fee, your company can premium process the petition, so that it will only take a few weeks to have the new petition approved. Once you reenter on the new visa, your previous status violation and employment without authorization will be forgiven and should not harm you when it is time to file your application for adjustment of status.

# posted by Ari Sauer the Immigratio Answer Man @ 7:07 PM

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Monday, June 15, 2009

I was recently denied a B-2 visitor visa. Can I now travel to the U.S. on the Visa Waiver Program?

QUESTION: I am a citizen of the U.K. I was planning to visit the U.S. at the end of the month, to visit some friends. Since I wanted to stay longer than 90 days, I applied for a B-2 visitor’s visa at the U.S. Embassy. I was denied the visa. Can I now go to the U.S. on the Visa Waiver Program?

ANSWER: The Visa Waiver Program allows nationals from certain countries to travel to the U.S. as a visitor for, tourism or business, for up to 90 days without a visa. The VWP is available to citizens of the following 35 countries: Andorra; Australia; Austria; Belgium; Brunei; Czech Republic; Denmark; Estonia; Finland; France; Germany; Hungary; Iceland; Ireland; Italy; Japan; Latvia; Liechtenstein; Lithuania; Luxembourg; Malta; Monaco; the Netherlands; New Zealand; Norway; Portugal; San Marino; Singapore; Slovakia; Slovenia; South Korea; Spain; Sweden; Switzerland; and the U.K.

Foreign nationals who wish to stay in the U.S. longer than 90 days, or who are traveling to the U.S. for purposes other than as a tourist or for a B-1 visa appropriate business purpose, are required to apply for visas even if they are a national of one of these 35 countries. Also, VWP applicants must have an approved machine readable passport.

Foreign Nationals who enter the U.S. on the VWP are not eligible to change status to another nonimmigrant status or apply for Adjustment of Status to that of a Legal Permanent Resident, except in limited circumstances. Foreign nationals who have previously been denied entry into the U.S. or who have previously stayed in the U.S. more than 90 days after being admitted on the VWP are ineligible to apply for admission under the VWP and must travel on a visa.

A Foreign National who has recently been denied a visa, while not permanently barred from entering on the VWP, may still be denied entry to the U.S. on the VWP. Therefore you may not be able to enter the U.S. for your trip without a visa. The most common reason for a visitor visa being denied is under INA Section 214(b) for failure to show that you have strong ties to your home country, so that you are likely to return to your home country upon the expiration of your authorized stay, or for failure to show you have sufficient funds to support yourself in the U.S. so that you will not be required to work while you are in the U.S.

A denial of a visa under Section 214(b) does not make you ineligible to reapply. Therefore I would suggest that you reapply for a B-2 visitor visa and bring as much documentation as you can to show that you have strong ties to the U.K. and enough money in your bank account to support yourself while you are in the U.S. As these visa appointments are usually only a few minutes long, you should have the documentation organized in a manner to allow the consular officer to go through the documentation quickly.

# posted by Ari Sauer the Immigratio Answer Man @ 7:30 PM

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Sunday, June 14, 2009

I want to renew my daughter's U.S. passport. Do I need to have my ex-husband sign the application?

QUESTION: I am a U.S. citizen who is now living in Israel. I was married to an Israeli citizens but now we are divorced. My daughter is a U.S. citizen and has a U.S. passport. When the time comes to renew my daughter's U.S. passport, will I need him to sign the application?

ANSWER: Applications for new U.S. passports or passport renewals for children 15 or under require both parents to apply in person with the child. This is true even if one or both of the parents are not U.S. citizens.

If one of the parents is unable to apply in person with the child (for example if they are living in a different country), the non-appearing parent must complete a Form DS-3053, Statement of Consent, http://travel.state.gov/passport/forms/ds3053/ds3053_846.html , and include a copy of their passport.

If the non-appearing parent cannot or will not sign the Statement of Consent, the appearing parent may complete the Form DS-3053 and include a statement as to the special circumstances why the non-appearing parent is not submitting a Statement of Consent. The DOS may then, in their discretion, grant the passport without the non-appearing parent’s consent, depending on the reason for the omission.

If the appearing parent has sole legal custody of the child, then a Statement of Consent is not required. In that situation the appearing parent can provide one of the following documents instead: 1) Death certificate of non-appearing parent; 2) court order granting the parent sole custody (unless the order restricts the child’s travel); 3) child’s birth certificate, Report of Birth Abroad, or Certification of Birth Abroad listing only the one parent; 4) Adoption decree listing the parent as the sole parent; 5) Court order specifically permitting the applying parent to travel with the child; or 6) a court order declaring the non-appearing parent to be incompetent.

For further instructions on what is required to apply for a U.S. passport for a minor, you can visit the DOS website at http://travel.state.gov/passport/get/minors/minors_834.html.

# posted by Ari Sauer the Immigratio Answer Man @ 10:51 AM

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Friday, June 12, 2009

Do I have to wait for the I-130 Immigrant Petition to be approved before I file my I-485 Application for Adjustment of Status?

QUESTION: My cousin is the unmarried son, over the age of 21, of a US citizen. His mother filed an I-130 immigrant visa petition for him in October of 2002, while she was a Permanent Resident (second preference category- F2B). His mother has since naturalized and become a US citizen (which converts him to the first preference category- F1). According to the Visa Bulletin, his priority date under the First Preference became current last month. The I-130 petition is still pending. Can he now file an I-485, application for adjustment of status, with just the I-130 petition filling receipt, or does he have to wait for the I-130 to be approved before he can file the I-485 application?

ANSWER: You do not have to wait for the I-130 petition to be approved to be able to file the I-485 application for adjustment of status. Where a visa is immediately available (such as for an Immediate Relative of a US citizen) you can file the I-485 application concurrently with the I-130 immigrant petition. Where an I-130 petition has been pending long enough that a visa is now available under the Visa Bulletin (see my 6/9/09 posting on how to read the Bulletin) you can file the I-485 application with a copy of the Receipt Notice for the pending I-130 petition.

Assuming your cousin is otherwise eligible to file for adjustment of status, he can file the I-485 application now with a copy of the I-130 Receipt Notice and a copy of his mother’s Certificate of Naturalization.

If your cousin is not eligible to file for adjustment of status (for example if he has failed to maintain his status and is now out of status), he may be eligible to apply for an immigrant visa at the US consular post in his home country, once the I-130 petition is approved. To have USCIS adjudicate the I-130, your cousin would send a copy of his mother’s certificate of naturalization along with a copy of the I-130 Receipt Notice, to the USCIS Service Center where the petition is pending.

Since it sounds like your cousin may no longer be in status, and the I-130 petition does not seem to grant him the ability to file under the 245(i) “amnesty” as it was filed after April of 2001, your cousin should consult with an attorney before filing an I-485 application or leaving the country to apply for a visa at the U.S. consular post.

# posted by Ari Sauer the Immigratio Answer Man @ 8:26 AM

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Thursday, June 11, 2009

Porting an Application for Adjustment of Status (I-485) to a new employer under AC21

QUESTION: My company filed an I-140 immigrant petition for me which was approved in 2008. My I-485 application for adjustment of status was filed in 2007. In 2007 my company was purchased by another company, so a new I-140 petition was filed to reflect the new ownership. I am still in the same position as before the company was purchased. The new I-140 petition has not been approved yet.

I now have an offer of employment with a different company and I want to know if I can port my I-140/I-485 application over to the new employer now, or do I have to wait for the new I-140 to be approved?

Also, when I move to the new employer should I send USCIS a letter telling them that I am porting my I-485 application? I am afraid that if I don’t they will send a Request for Evidence (RFE) for my I-485 application to my old employer?

ANSWER: The American Competitiveness in the Twenty-First Century Act (AC21) created the ability to “port” your I-485 application for adjustment of status (green card application) to a new employer where: 1) the I-485 has been pending for more than 180 days; 2) the I-140 employment-based immigrant petition has been approved or was approvable as of the day that your I-485 had been pending for 180 days; and 3) you will be working in the same or similar occupational classification.

You should be eligible to port now without waiting for the new petition to be approved. You have an approved I-140 petition. Your I-485 application has been pending for more than 180 days. As long as your position with your new employer is the same or similar to your position with your old employer, then you meet all the requirements for porting your I-140 petition and I-485 application to your new employer. I would suggest that you meet with a qualified immigration law attorney before you switch employers to get their opinion of whether the new position is the same or similar to the old position.

As to your second question, there is no requirement to notify USCIS that you are porting. If USCIS sends you an RFE on the I-485 then you would notify them that you are now with a new employer and show that the new position is the same or similar to the old position. That being said, in a situation where the I-140 petition has already been approved, I see no harm in sending USCIS notice that you have ported to a new employer. I would not suggest sending notice to USCIS where the I-140 petition has not been approved, as it may result in an RFE for the I-140 petition being sent to your old employer.

You should know however, that sending USCIS notice that you have changed employers will not result in them sending future notices to your new employer. The I-485 application is filed by you, the beneficiary. Any correspondence from USCIS regarding the I-485 application should be sent to you at the address you provided on the form. A copy of all correspondence should also go to your attorney, if you had one file your application for you. An RFE for the I-485 application should not go to your employer unless you gave your employer’s address as your mailing address on the I-485 form. If you change your address, you can inform USCIS of your new address by calling the National Customer Service Center at 1-800-375-5283 (the number is listed on your receipt notice) and filing a Form AR-11 Change of Address, which is an on-line form located on the USCIS website. You must do both to ensure that USCIS actually changes your address in their system.

# posted by Ari Sauer the Immigratio Answer Man @ 12:15 AM

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Wednesday, June 10, 2009

I came to the US 15 years ago on a visitor’s visa. Can my company sponsor me for a green card?

Your question raises two issues. The first is what is the process for your company to file an immigrant petition on your behalf. I will have to deal with that in a separate posting. But the more important issue for you is if your company sponsors you for an immigrant petition, would that make you eligible to apply for Adjustment of Status (a green card application in the U.S.)?

As a general rule, in order to be eligible to apply for Adjustment of Status, an applicant must show that they have maintained valid immigration status at least until the time they file the application for adjustment of status. Therefore someone who enters on a visa, but overstays past the time listed on their I-94, is not eligible to apply for adjustment of status unless they fall within one of the few exceptions to this rule. The more common exceptions to this rule are adjustment for an Immediate Relative, adjustment under the 245(i) amnesty, and adjustment under 245(k). There are other exceptions to this rule, however these three are the most common.

An Immediate Relative (IR) is the spouse of a U.S. citizen or the unmarried child of a U.S. citizen who is under the age of 21. Where the foreign national, in their most recent entry, was inspected and admitted on a visa, was admitted on the Visa Waiver Program, or was paroled into the U.S., and they are filing their adjustment as an IR, based upon an immigrant petition filed by their U.S. citizen spouse or parent, they may file an application for adjustment of status despite the fact that they are now out of status.

245(i) is an “amnesty” that allows a foreign national to file for adjustment of status, despite the fact that they are now out of status, where they can show that an immigrant petition or labor certification was filed on their behalf before January 14, 1998, or that an immigration petition or labor certification was filed on their behalf before April 30, 2001 and they were in the U.S. on December 21, 2000. When filing under the 245(i) “amnesty” the foreign national must pay an additional $1,000 penalty filing fee.

Under 245(k), a foreign national who is out of status, but is filing an application for adjustment of status based upon an immigrant petition filed by their employer, may still be eligible for adjustment. To be eligible under 245(k) the foreign national must not have been out of status, worked without authorization, or done anything else to violate their status for a total of more than 180 days since their last admission into the U.S.

If you are not eligible to apply for adjustment of status in the U.S., you may still be eligible to apply for an immigrant visa at the U.S. Embassy or Consulate in your home country. However, I will have to cover that subject in another posting.

This is a brief overview of these complex rules. As such, I recommend that you consult with a qualified immigration attorney before filing an application for adjustment of status under one of these rules.

# posted by Ari Sauer the Immigratio Answer Man @ 8:01 AM

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Tuesday, June 9, 2009

How do I read the Department of State Visa Bulletin? Why is there a backlog in my preference category?

The Visa Bulletin, http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html, which is issued each month by the Department of State, shows when an immigrant visa is available for your immigrant visa petition. Congress has determined that there is to be a limit on the number of immigrant visas issued each year. Often there are more beneficiaries of immigrant visa petitions each year than there are available visas, which results in a backlog. Each preference category is allotted a specific percentage or number of visas from the total number of visas to be issued that year, which is why some preference categories are backlogged further than others. Furthermore, no country is allowed to receive more than 7% of the total number of visas issued for that year, which creates a further backlog for those countries that hit that 7% cap, which currently are China, India, Mexico and the Philippines.

The DOS calculates the Visa Bulletin based upon the number of approved immigrant visa petitions issued by USCIS. At times the USCIS will have an increase in the number of immigrant visa petitions it approves, or the DOS will find that it has miscalculated the number of approved petitions for a particular category, resulting in the DOS issuing a retrogression in the following month’s Visa Bulletin. Sometimes all visas for the year in a particular category will have been used before the end of the fiscal year, which will result in a visa becoming unavailable until October when the new fiscal year starts and new visas become available.

The Visa Bulletin consists of three charts: family-based immigrant visas; employment-based immigrant visas; and diversity visas. I will explain the family and employment-based charts, and save the discussion about diversity visas for another time. The family-based chart is split into 5 rows representing the four preference categories (The second preference category is split into two subcategories). Immediate Relatives (spouses and unmarried children under 21 of US citizens) are not listed on the chart because there is no limit to the number of visas to be issued to IRs. Once you have found your preference category, find the corresponding column for your country of nationality (usually your country of birth) or your spouse’s country of birth if they are immigrating with you. The date within the box shows the priority date for which a visa is available. If your priority date is earlier than the date listed then a visa is now available for your petition as of the 1st of the month listed at the top of the Visa Bulletin.

The employment-based chart is read the same way. It has nine rows each for a different preference category. The employment-based chart will sometimes have a letter listed instead of a date. The letter “C” shows that this category is Current, meaning there is no backlog and a visa is available. The letter “U” shows that this category is Unavailable, meaning all visas for this category have been used until October.

Derivatives beneficiary spouses and children are included in the preference category of the primary beneficiary.

# posted by Ari Sauer the Immigratio Answer Man @ 9:14 AM

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Monday, June 8, 2009

How do I find out the processing times for my application? What do I do if my case has been pending for longer than the time listed on the Receipt?

Your application or petition will have different processing times based upon what form you have filed, what preference category your petition is filed under, and which USCIS office is processing your application. While USCIS sometimes lists a processing time on the Receipt Notice, these processing times are usually incorrect. Current processing times can be found on the USCIS website, at https://egov.uscis.gov/cris/jsps/ptimes.jsp. Simply choose the Service Center or local office where your case is pending. The Service Center is listed at the bottom of your Receipt Notice. Then you scroll down until you reach the listing for your petition or application and you will see either the expected processing time, or the filing date of the applications that USCIS is currently working on.

If the processing time listed on the USCIS website is more than 30 days beyond the receipt date that is listed on your Receipt Notice, you can call the USCIS National Customer Service Center at 1800-375-5283. They should take down your information and issue a referral to the Service Center where your case is pending. Make sure to write down the date you called, the officer’s ID number, the referral number, and the date on which you can expect a response from USCIS. If you have an attorney, make sure to let your attorney know if you are going to call the NCSC and to give your attorney this information.

If your petition or application is pending with your local USCIS office, instead of calling the NSCS, you can schedule an Infopass appointment to go into the USCIS office and speak with an Information Officer. You can schedule an Infopass appointment on the USCIS website at http://infopass.uscis.gov/. You will not be allowed to speak with a USCIS Information Officer without an Infopass appointment. Please make sure to take note of the date you went to the Infopass appointment, the name of the Information Officer you spoke with, and what that officer told you.

If you have followed these steps and have not received a satisfactory response from USCIS, you should consider hiring an immigration attorney who is a member of the American Immigration Lawyer’s Association. Your attorney will have additional resources available to them to allow them to make additional inquiries into your case.

# posted by Ari Sauer the Immigratio Answer Man @ 4:31 PM

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Monday, June 29, 2009

USCIS mistakenly withdrew my I-140 petition. How do I correct the mistake?

Monday, June 22, 2009

I have been charged with Solicitation of a Prostitute. How will this affect my immigration status?

Wednesday, June 17, 2009

Can I become a Permanent Resident based on the fact that I have a minor U.S. citizen child?

Tuesday, June 16, 2009

My H-1B extension of status has been denied. Can I still leave the U.S. and reenter on a new H-1B visa?

Monday, June 15, 2009

I was recently denied a B-2 visitor visa. Can I now travel to the U.S. on the Visa Waiver Program?

Sunday, June 14, 2009

I want to renew my daughter's U.S. passport. Do I need to have my ex-husband sign the application?

Friday, June 12, 2009

Do I have to wait for the I-130 Immigrant Petition to be approved before I file my I-485 Application for Adjustment of Status?

Thursday, June 11, 2009

Porting an Application for Adjustment of Status (I-485) to a new employer under AC21

Wednesday, June 10, 2009

I came to the US 15 years ago on a visitor’s visa. Can my company sponsor me for a green card?

Tuesday, June 9, 2009

How do I read the Department of State Visa Bulletin? Why is there a backlog in my preference category?

Monday, June 8, 2009

How do I find out the processing times for my application? What do I do if my case has been pending for longer than the time listed on the Receipt?

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