Category: US Immigration Law

Asylum in the United States

A blog about Asylum in the United States showing shadows of people walking in front of a city scape.

The United States has historically offered asylum, a protective immigration status, to those who have experienced persecution in their country of origin or will likely be persecuted if they return to their country of origin. A person who has applied for asylum is lawfully within the United States. They can live and work (with authorization) anywhere in the United States. Those whose asylum applications succeed can request to have asylum extended to their spouse and unmarried children who were under the age of 21 when the original asylum application was made. They can also request to travel outside of, and return to, the United States. Further, they have a path to permanent residency and citizenship in the United States. To successfully obtain asylum in the United States, a person must meet the three requirements discussed below and must not be prohibited from asylum protection.

First Element: Past Persecution or a Well-Founded Fear of Future Persecution

The first requirement a person must meet to have a successful asylum application is to have either faced persecution in their country of origin or have a well-founded fear they will face persecution in their country of origin if they return. A person’s country of origin is their country of nationality or habitual residence if they do not have a nationality. What counts as persecution is generally considered fact-dependent and fact-specific.

Five broad categories of abuse which may be considered persecution are (1) serious physical harm; (2) coercive medical or psychological treatment; (3) invidious prosecution or disproportionate punishment for a criminal offense; (4) severe discrimination and economic persecution; and (5) severe criminal extortion or robbery.

Some harms are generally not considered to be persecution. For example, past threats of physical harm are generally not considered persecution unless those who made the threats can be shown to be willing and able to carry them out in the future. Other examples include the lack of access to medical treatment, criminal prosecution for violation of a fairly administered law, and general discrimination or harassment. A person’s fear they will face persecution in their country of origin if they return is well-founded when this fear is genuine, the primary motivation for applying for asylum, and based on facts that would lead a reasonable person in similar circumstances to fear persecution.

Second Element: On Account of Race, Religion, Nationality, Political Opinion, or Membership in a Particular Social Group

The second requirement a person must meet to have a successful asylum application is that the persecution they have faced, or have a well-founded fear they will face, in their country of origin is a result of their race, religion, nationality, political opinion, or membership in a particular social group. The sufficiency of the connection between persecution and a person’s race, religion, nationality, political opinion, or membership in a particular social group is, as with persecution, generally considered fact-dependent and fact-specific.

Membership in a particular social group is the broadest identity category and has extended asylum protection to various people. A particular social group is a group of people who share common immutable characteristics, are socially distinct within their society, and can be defined with particularity. An immutable characteristic can be an innate characteristic, shared past experience, or status that cannot change or should not be required to change because it is fundamental to each member’s identity or conscience.

Third Element: By the Government or Forces the Government Cannot or Will Not Control

The third and final requirement a person must meet to have a successful asylum application is that the persecution they have faced, or have a well-founded fear they will face, in their country of origin as a result of their race, religion, nationality, political opinion, or membership in a particular social group was, or will be, done by the government of their country of origin or the government of their country of origin was, or will be, unwilling or unable to protect them from this persecution. In other words, the government of a person’s country of origin must either have been or will be their persecutor, including by acting through a proxy, or the government of a person’s country of origin must have been or will be unwilling or unable to protect them from their persecutor. Where a government is unwilling to protect a person from their persecutor, this unwillingness does not need to be result of the person’s race, religion, nationality, political opinion, or membership in a particular social group.

Other Considerations

Beyond these three criteria, there are several reasons a person would be unsuccessful in applying for asylum in the United States. One would be that the person would be safe in another part of their country of origin and it is reasonable for them to go and live there. Another would be that the person has, or has been offered, citizenship in a third country where they are not being persecuted or the government of that third country would be willing and able to protect them from their persecutor. Finally, a person who the United States Government suspected has participated in terrorism or caused harm to others because of their race, religion, nationality, political opinion, or other specific characteristics will not succeed in an asylum application.

Final Thoughts

Asylum is a potential option for non-US citizens who have been within the United States, regardless of status, for less than a year. There are exceptions to the one-year deadline, but the person must meet the criteria laid out above and not be prohibited from asylum protection. Applying for asylum is a complex and rapidly changing immigration process, one that is best conducted with the support of a licensed attorney who specializes in asylum law.

If you believe you have a claim for asylum, you may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of January 19, 2026

Written by: Jeffrey Parkhouse

Lost Green Card: Tips to try if your Green Card does not get delivered

Blog Post about lost green card showing a mailbox

For many immigrants, the day the United States (U.S.) Postal Service delivers your green card an incredibly exciting and hard-earned one. Unfortunately, lost or undelivered green cards are more common than most people realize, especially in the mountain communities of Colorado. Whether the card was misplaced, misdelivered, or simply never arrived, a lost green card can be stressful…especially when you need it for employment verification, re-entry to the United States or proof of lawful permanent residence.

If you suspect the post office has lost your green card, this article will cover some things that you can try.

1. Confirm Your Case Status With USCIS

Before assuming the card was lost in the mail, log into your USCIS online account or check your case status using your receipt number. Look for the update that reads: “Card Was Mailed to Me.”

This update will include the mailing date and usually a USPS tracking number. If USCIS says the card was sent, proceed to tracking.

2. Track the Package Through USPS

USCIS typically mails green cards using U.S. Postal Service Priority Mail with tracking. Use the tracking number from USCIS to see where the package was last scanned.

If your card shows as delivered but you did not receive it, or if tracking stops updating, contact USPS immediately:

Keep a record of the date, time, and names of USPS staff you speak with.

3. Check for Common Delivery Issues

Before assuming the worst, double-check:

  • Your mailbox and any parcel lockers.
  • Whether someone in your household or building may have collected the mail.
  • Whether your mailing address with USCIS was correct at the time the card was mailed.
  • Whether your apartment number or unit identifier was included, which is one of the most common reasons green cards are returned or lost.

If you moved recently and did not file a timely AR-11 address change with USCIS, your card may have been mailed to your old address.

4. File a USCIS Non-Delivery of Card Inquiry (If Eligible) for the Lost Green Card

If the card was mailed but USPS tracking never shows a delivery scan, you may be able to request a replacement at no cost. File a case inquiry through the USCIS website under “Did Not Receive Card.” 90 days must usually pass between the time it was delivered and the time the inquiry is filed.

USCIS may ask for:

  • Tracking number
  • Proof of your Missing Mail search with USPS
  • Evidence that the card was never delivered

Not every case qualifies for a free replacement, but this step is essential before you pay for a new card.

5. If the Card Was Delivered but Stolen or Misdelivered: File Form I-90

If the USPS tracking shows the card as delivered, and you still cannot locate it despite a USPS investigation, you will likely need to file Form I-90, Application to Replace Permanent Resident Card, and pay the filing fee.

In these situations, USCIS treats the card as lost after delivery. Unfortunately, the agency does not usually waive the fee, even if the loss was due to a postal error.

When filing Form I-90:

  • Select the reason: “My existing card was lost, stolen, or destroyed.”
  • Upload evidence of your USPS case, police report (if applicable), and any proof that the card was misdelivered.

6. Consider Filing a Police Report

If you believe the card was stolen, file a police report. This protects you if someone attempts to use your green card for identity theft and can help support your I-90 application.

7. When to Contact an Immigration Attorney

You should speak with an immigration attorney if:

  • USCIS denies your non-delivery inquiry.
  • You moved and the card was returned to USCIS.
  • Your I-90 application is delayed or complicated by prior immigration issues.
  • You need proof of status urgently for work or travel.

An attorney can help communicate with USCIS, ensure your filings are complete, and provide strategies to maintain proof of lawful permanent residence while waiting for a replacement.

If your green card was lost in the mail, don’t panic, but act quickly. With the proper steps, you can document the loss, protect your identity, and secure a replacement as efficiently as possible.

If you need additional help, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of December 9, 2025.

How to Call USCIS

Blog post on how to call uscis with telephones on a blue background.

Navigating the U.S. immigration process can be complex, and sometimes the quickest way to get answers is to call the U.S. Citizenship and Immigration Services (USCIS). Whether you’re checking the status of your application, asking about required documents or seeking guidance on immigration procedures, knowing the correct way to contact USCIS is essential. Here’s a detailed guide on how to call USCIS effectively.

1. Know When to Call USCIS

Before picking up the phone, make sure your query cannot be resolved online. USCIS provides many self-service tools on its website, including the Case Status Online tool and the USCIS Processing Times page. Checking these resources first can save you time, as some calls may be unnecessary.

You should consider calling USCIS if:

  • Your case is outside the normal processing time.
  • You received a notice requesting additional information.
  • You need to update your address on a pending application.
  • You have general questions about USCIS forms or procedures that are not clearly answered online.

2. Prepare Your Information

Before calling, gather all relevant details to make the conversation smoother. This includes:

  • Your receipt number (found on any official USCIS notices).
  • Your Alien Registration Number (A-Number), if applicable.
  • The type of application or petition you filed.
  • Personal identification information, such as your full name, date of birth, and address.

Having this information ready will help the USCIS representative locate your case quickly and reduce wait times.

3. Dial the Correct USCIS Phone Number

For general inquiries, the main USCIS contact number is:

1-800-375-5283 (TTY 1-800-767-1833 for the hearing impaired)

This number is available Monday through Friday from 8 a.m. to 8 p.m. Eastern Time. Keep in mind that wait times can vary, and calling earlier in the day often helps you avoid long queues.

If you are outside the United States, you may need to contact the nearest U.S. embassy or consulate for immigration questions. International callers can find additional guidance on the USCIS website.

4. Navigate the Automated System

When you call, you will first encounter an automated menu system. Listen carefully, as options may change. Generally, you can expect prompts like:

  • Check case status.
  • Request forms or instructions.
  • Speak with a USCIS representative.

To speak with a live agent, you may need to select the option for “technical support” or “other inquiries” and follow the instructions to reach a representative. If you cannot reach anyone, then saying “infopass” can often connect you to a live agent. Rember to be patient, as the automated system may ask multiple questions before connecting you to a live person.

5. Be Polite and Concise

USCIS representatives handle a large volume of calls daily. When you reach a live agent:

  • Clearly state your purpose.
  • Provide the requested information promptly.
  • Take notes during the call, including the representative’s name, agent ID, the time of the call, and any instructions given.

Being courteous and organized ensures your call is productive and reduces the chance of confusion or miscommunication.

6. Follow Up

After your call, you may receive instructions to submit additional documents, check a case status online, or wait for official correspondence. Make sure to follow these instructions promptly to avoid delays in your immigration process.

Final Thoughts

Calling USCIS can feel intimidating, but with preparation and patience, it’s an effective way to get answers about your immigration case. Always have your documents handy, know your questions, and remember that the USCIS representatives are there to help you navigate the process. By following these steps, you can make your call to USCIS smooth, efficient, and productive.

If you need additional help, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of December 1, 2025.

Digital Nomad Visas to the United States: What Remote Workers Should Understand

Blog post on digital nomad visa in the United States.

As remote work becomes the new norm, “digital nomad visas” have surged in popularity around the world. Countries from Portugal to Costa Rica now offer special visas that allow location-independent professionals to live abroad while working for foreign employers.

However, the United States (U.S.) does not offer a visa specific for digital nomads. Until this changes, there are several immigration options that digital nomads commonly consider in order to spend time in the U.S., each with distinct limitations and eligibility requirements.

Understanding these categories is imperative to staying compliant with U.S. immigration law.

Why Doesn’t the U.S. Have a Digital Nomad Visa?

While many countries have designed new visa categories specifically for remote workers, U.S. immigration law does not yet recognize “digital nomads” as a distinct visa class. U.S. visas are purpose-driven, meaning an applicant must fit into an existing, pre-defined category such as tourism, business visits, employment, investment, or study.

Because remote work for a foreign employer does not clearly align with traditional U.S. visa categories, digital nomads must look to other existing options that best match their activities.

B-1/B-2 Visitor Visas: WARNING!

Many digital nomads assume they can simply enter the U.S. on a B-1/B-2 visitor visa (or through the Visa Waiver Program/ESTA) while working online for a foreign company. The reality is more complicated.

The B-2 visa is for tourism, visiting friends or family, or receiving medical treatment while the B-1 visa allows certain limited business activities (meetings, conferences, negotiations); however, neither permit productive work for hire inside the U.S., even if the employer is abroad.

Digital nomads who profit from extended stays in the U.S. while working full-time online for a foreign company should be cautious. A visitor visa is not designed for people “living” in the U.S. while working, even remotely, and prolonged or repeated entries can raise questions about misuse of status.

Employment-Based Visas for Remote Workers

Digital nomads who want a long-term or more stable presence in the U.S. may consider employment-based immigration options; however, these generally require a U.S. employer or a qualifying business relationship. Common categories include:

  • H-1B (Specialty Occupations): Requires a U.S. employer sponsor and a position requiring specialized knowledge and at least a bachelor’s degree.
  • O-1 (Extraordinary Ability): Popular for creatives, entrepreneurs, and high-achieving professionals who can demonstrate sustained national or international acclaim.
  • E-2 (Treaty Investor): Available to nationals of treaty countries who invest in and operate a U.S. business. These are not suitable for employees of foreign companies but attractive for entrepreneurial nomads.
  • L-1 (Intracompany Transfers): For employees of multinational companies transferring to a U.S. branch.

These categories are not “digital nomad visas,” but for remote professionals seeking to build a long-term presence in the U.S., they may provide more secure immigration footing.

Final Thoughts

Until the United States creates a dedicated digital nomad visa remote workers must navigate a patchwork of existing visa categories. Because rules around remote work and visitor status are nuanced, digital nomads should seek expert guidance before relying on a visitor visa for extended stays.

If you’re exploring your options as a remote worker or entrepreneur, AVA can help evaluate your goals and determine the safest and most suitable U.S. immigration path.

You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of November 17, 2025

New Health and Financial Rules for Visa Applicants: What you should know!

Blog post on New Health and Financial Rules for Visa Applicants

Immigration laws in the United States continue to change quickly. 2025 has already brought several major updates that could affect visa applicants, families, and employers, including new health and financial rules for visa applicants.

At AVA Global, we know how confusing these shifts can feel. Our goal is to make sure you have the latest information so you can plan ahead with confidence. In this article, we will review the new health and financial rules for visa applicants and what they might mean for you.

New Health and Financial Rules for Visa Applicants

Per CBS News, the U.S. Department of State recently released new guidance that could make it harder for some people to qualify for visas. Under this rule, consular officers can deny a visa if they believe an applicant might become a “public charge,” which is someone who may need government assistance in the future.

Some applicants with chronic health conditions such as diabetes, obesity, or heart disease could face additional questions about their ability to pay for medical care.

What this means for you:

  • Be prepared to provide proof of financial stability and health insurance.
  • If you have ongoing medical needs, plan to show how you’ll cover your healthcare costs without relying on public programs.
  • Because this rule is new, different embassies and consulates may apply it in different ways.

How AVA Global Can Support You

At AVA Global, we stay on top of every change in immigration law so you don’t have to. Whether you’re an employer, a student, a professional, or a family member hoping to reunite with loved ones, we’re here to help you:

  • Understand how the latest rules affect your situation.
  • Prepare clear, complete, and well-documented applications.
  • Avoid common pitfalls that can lead to denials or delays.
  • Explore all available immigration options for your goals.

Moving Forward with Confidence

U.S. immigration rules are evolving quickly, and it’s easy to feel overwhelmed. But you don’t have to navigate these changes alone. Our experienced immigration attorneys are here to guide you through every step of the process and protect your future in the United States.

If you have questions about how these new policies could impact your case, AVA Global today to schedule a consultation. Together, we’ll create a plan that fits your goals and helps you move forward with confidence.

You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of November 10, 2025

214(b) Refusals: What they are and ideas to overcome them!

Blog post on 214(b) refusals showing a sad woman in a green shirt.

One of the most common (and frustrating!) visa refusals faced by applicants for U.S. nonimmigrant visas (such as tourist, student, or exchange visitor visas) is a Section 214(b) Refusal. If you’ve ever been handed a letter that cites “INA §214(b)”, you’re not alone. Many otherwise qualified applicants are refused under this section every year. But understanding why this happens and what you can do next is the first step toward improving your chances in the future.

What Is Section 214(b)?

Section 214(b) of the Immigration and Nationality Act (INA) requires all applicants for nonimmigrant visas to prove that they intend to return to their home country after a temporary stay in the United States. In other words, the U.S. government presumes that every applicant for a temporary visa actually intends to immigrate unless the applicant can demonstrate strong ties to their home country that will compel them to return.

What Does a 214(b) Refusal Mean?

If your visa was refused under Section 214(b), it means the consular officer was not convinced that you have sufficient ties to your home country or that your stated purpose of travel was consistent with the visa type you applied for.

These “ties” can include:

  • Family relationships
  • Steady employment
  • Property ownership or financial investments
  • Long-term educational or community commitments

Essentially, the officer must believe you have strong reasons to return home after visiting the U.S.

It’s important to note that a 214(b) refusal is not permanent and does not prevent you from reapplying; however, unless you can show new evidence or changed circumstances, a subsequent application may result in the same outcome.

Common Reasons for a 214(b) Refusal

While every case is unique, some common reasons include:

  1. Insufficient proof of ties to your home country – For example, if you are young, unmarried, unemployed, or have no property, an officer may view you as a potential immigrant risk.
  2. Unclear or inconsistent travel plans – Vague answers about your itinerary or funding can raise doubts about your true intentions.
  3. Weak financial documentation – If you cannot demonstrate how you will pay for your trip or studies, your credibility may be questioned.
  4. Prior U.S. immigration issues – Overstays, previous denials, or questionable travel histories can influence the decision.
  5. Miscommunication during the interview – Sometimes, honest mistakes or nervousness lead to incomplete or confusing answers that hurt your case.

What You Can Do After a 214(b) Refusal

Although there is no formal appeal process for 214(b) refusals, you can take meaningful steps to strengthen your case before reapplying. For example:

  • Understand why you were refused. Review your interview experience and the Refusal notice carefully. Identifying the weak points in your application is crucial.
  • Address the officer’s concerns. Gather new documentation or evidence that demonstrates stronger ties to your home country.
  • Wait until your circumstances change. For example, obtaining a stable job, completing a degree, or acquiring property can all help show nonimmigrant intent.
  • Work with an experienced immigration attorney. A qualified lawyer can help you evaluate your previous application, prepare a more persuasive case, and coach you for your next interview.

How AVA Global Help

We understand how discouraging a 214(b) refusal can be. Our immigration attorneys have helped countless clients analyze their refusals, identify weaknesses, and build stronger reapplications. Whether you’re applying for a student, visitor, or exchange visa, we can guide you through every step from documentation preparation to interview strategy.

A visa refusal doesn’t have to be the end of your journey. With the right legal guidance and preparation, you can improve your chances of success the next time you apply.

You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of November 5, 2025

Marriage Based Green Card Interview Prep

Marriage based green card interview prep blog post showing post it notes with questions

Marriage based green card interview prep is crucial to a successful green card interview!

Applying for a marriage-based green card is an important step in building your future together in the United States; however, one of the most important parts of the process is the green card interview, where a U.S. Citizenship and Immigration Services (USCIS) officer will ask questions to confirm that your marriage is genuine.

At AVA Global, we prepare clients thoroughly for this interview so they can feel confident and ready. While no one can predict the exact questions you’ll be asked, below is a list of common sample questions that may come up during your marriage-based green card interview.

Questions About Your Relationship History

  • How and when did you meet your spouse?
  • Who introduced you, or how did you first connect?
  • Where was your first date?
  • When did your relationship become serious?
  • Who proposed, and how did it happen?

Questions About Your Wedding

  • When and where did your wedding take place?
  • How many people attended?
  • Did your families meet at the wedding?
  • Did you go on a honeymoon? If so, where?
  • Who were your bridesmaids, groomsmen, or witnesses?

Questions About Your Daily Life

  • What time does your spouse usually wake up and go to bed?
  • Who usually cooks meals, and what is their favorite dish?
  • Do you share a bank account or pay bills together?
  • What side of the bed does your spouse sleep on?
  • Do you own any pets?
  • What color is your spouse’s toothbrush?

Questions About Your Family and Friends

  • Have you met each other’s parents? When and where?
  • What holidays do you celebrate together?
  • Who are your spouse’s closest friends?
  • Have you visited your spouse’s hometown?
  • Do you have plans for children?

Questions About Your Home

  • How many bedrooms and bathrooms are in your home?
  • Who pays the rent or mortgage?
  • What color are the walls in your bedroom?
  • Do you have a television? If so, where is it located?
  • Who does the household chores?

Questions About Your Future

  • Do you and your spouse plan to buy a home?
  • Where do you see yourselves in five years?
  • Do you plan to live near family?
  • Are you saving for anything together, such as a car or a trip?

Final Tips

The key to a successful interview is honesty and consistency. The USCIS officer is looking for signs that your marriage is real, not memorized answers. Take time to review your history, daily routines, and plans with your spouse before the interview!

If you have questions or concerns on marriage based green cards, you can reach us by calling 970-680-1223/+41(0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of September 30, 2025

$100,000 H-1B Fee: What Employers and Workers Need to Know

Blog post on $100,000 H-1B fee.

On September 19, 2025, President Trump signed a proclamation restricting the entry of anyone in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers had an effective date of 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.

USCIS Issues Guidance

On September 20, 2025, USCIS issued guidance, which noted that the proclamation applies to petitions filed after 12:01 am EDT on September 21,2025. Specifically, USCIS explains the Proclamation does not:

  • Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
  • Change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
  • Prevent any holder of a current H-1B visa from traveling in and out of the United States
USCIS H-1B Memo

Final Thoughts

If you are an employer with H-1B employees or an H-1B employee, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation. This is an ongoing situation that AVA Global is closely monitoring.