Suppose you plan to travel to the United States on a nonimmigrant visa. In that case, you should know the difference between a change of your status and an adjustment of status. It is essential because many people mistakenly believe their meaning to be the same while they are not. In simple words, Adjustment of Status (AOS) aims towards adjusting your status as a lawful permanent resident, while the change of status is changing your nonimmigrant status to another nonimmigrant status. Let us try to understand the meaning of each term separately and in more detail.
Many U.S. citizens marry their life partners who are foreign nationals. They want them to obtain U.S. green cards to enjoy the benefits of being green cardholders. Some spouses are too busy in their work-life, family life, or other kinds of stuff that they cannot travel to the U.S. for their green card process. If you think this might be your case, do not worry about your spouse’s green card, USCIS allows your spouse to apply for a green card from outside the U.S. This article will see the process that can help you if you want your spouse to get a green card without coming to the U.S.
K-1 visa is also known as a fiancé(e) visa. This visa allows a US citizen’s fiancé(e) to get a 90-days stay permit in the US and get married to a US citizen. Because this visa is issued so that the US citizen and their fiancé(e) can come into a marital relationship, not solemnizing a marriage within 90 days can end the fiancé(e) privilege to stay in the US, and they have to leave the US.
Immigrants applying for visas at U.S. Consulates and Embassies worldwide face additional hurdles due to the Coronavirus epidemic. In some places, things have only slightly improved, while in others, they have deteriorated. As a result, the majority of U.S. embassies and consulates have remained closed to the public. Only a few Consular offices and embassies have started visa interview scheduling. In the great majority of cases, offices and embassies only schedule interviews and issue visas to individuals who need them urgently or who qualify for expedited visa processing. Immigrant visas are no different from others, and they are also suffering from delays in the processing and interviews. This article will examine how an individual can expedite a U.S. embassy interview for a family visa.
Divorce is not a rare thing in this century. It hits you strongly, whether mentally or emotionally. And what makes it worse is knowing that it can have a drastic impact on your green card process and can even possibly end in getting you deported from the US. This article will analyze the scenario of divorce (or separation) during the green card process obtained through marriage with a USC and how it can influence your chances of getting a green card in the US.
The immigration law allows U.S citizens and lawful permanent residents to sponsor certain family members for a permanent resident visa, also known as a green card. Obtaining a green card will allow its holders to live and work anywhere in the United States and qualify for U.S. citizenship after three or five years.
For more than 7 years, same-sex couples have the right to request a fiance or marriage visa petition on behalf of their spouse. Moreover, we understand that most people have many questions regarding the applicability and implications of a same-sex marriage immigration petitions. Therefore, we have compiled a list of commonly asked questions and answers for issues relating to applying for a green card through same-sex marriage.
During the last few months, immigration in the U.S has experienced some setbacks and delays in terms of visa processing and restrictions. Nevertheless, if you are engaged with an American citizen or you recently got married to an American citizen, you should start considering applying for either a K-1 (Fiance Visa) or a K-3 (Marriage Visa) shortly.
There are a variety of ways to obtain legal status or permanent residency in the United States of America. The two main paths resume in either getting the permanent legal residency through parent/child or employment petition. In the cases related to obtaining permanent residency through employment could be a lengthy process as the person would need to get first either an H-1B (Temporary Work Visa), O- Visa (Special Ability), or another kind of temporary visa to then after years being eligible to apply to permanent residency.
The EB-5 investment visa program allows foreign investors to obtain a green card that enables conditional residency (up to 2 years), but can later open up the opportunity for permanent residency. Once an applicant is approved for the visa program, they are entitled to a maximum of 2 years of residency within the US, if they prove to have successfully completed all qualifications of the program they may request permanent residency. A total of 10,000 visas are made available each year for EB-5 visa applicants.
Unmarried children under 21 years of age and spouses of O-1 employees are eligible for O-3 status. In order to qualify for an O-3 visa, the applicant must qualify as the immediate family member of an O-1 or O-2 visa applicant or visa holder—and be able to prove that fact. Children can no longer stay in the U.S. as O-3 dependents once they turn 21. In order to remain in the U.S., the child must change to a different nonimmigrant visa status (e.g. F-1 student, B-2 visitor). See the relevant U.S. government regulations at 8 C.F.R. § 214.2(o).
Receiving permanent residency status is not only reserved for those who have entered the country with work visas. In fact, among those who are eligible to become potential applicants includes the siblings of US citizens. Family immigration to the US is done through a preference system, with those higher on the list more likely to receive the permanent residency (green card). The last preference, but still a viable one, is reserved for the siblings of US citizens.
Making up a major component of the immigration system in the US, family unification allows for US citizens and permanent residents to petition for their family members to come live in the US. There are two different types of petitions for family-based immigration: Immediate Relative and Family Preference. While this article will provide a brief overview, the experienced and dedicated lawyers at Sethi & Mazaheri can provide tailored advice for each immigration case.
Subscribe to Sethi & Mazaheri’s monthly newsletter and receive important immigration-related updates.