Categoría: Ley de Inmigración de EE.UU.

The Green Card Medical Exam: An Explanation of Form I-693

Form I-693 The Green Card Medical Exam with picture of doctor.

If you are seeking to adjust your status in the United States (US) to become a Lawful Permanent Resident (aka “Green Card Holder”) you will quickly discover that there is a mountain of forms and evidence that needs to be thoroughly and accurately completed and submitted the United States Immigration and Citizenship Services (USCIS). One of the most crucial forms is Form I-693, which is the medical exam. This examination plays a significant role in ensuring the health and safety of both the applicant and the broader community; however, it is often misunderstood. So, let’s go over the medical requirements for an adjustment of status, so you are better prepared on what to expect when you complete this form.

What is the Point of the Medical Exam

The I-693 aims to identify people who may pose a health risk to the public. It also identifies individuals who may require extensive medical care that could potentially become a burden on the US healthcare system. Finally, it helps to protect the health of the applicant by identifying any underlying conditions that may need to seek treatment for.

Who Needs a Medical Exam?

In general, anyone applying for adjustment of status to that of a Green Card Holder is required to undergo a medical examination. This includes spouses, children, parents, and other family members of U.S. citizens or lawful permanent residents, as well as anyone who applies to adjust their status through employment-based immigration or refugee/asylee channels.

The Role of the Civil Surgeon

Unfortunately, an adjustment of status applicant cannot just obtain a medical exam from their primary care physician or doctor of choice.  In fact, the medical examination must be conducted by a designated civil surgeon authorized by USCIS. These physicians are specially approved to perform immigration medical examinations and are familiar with the specific requirements outlined by USCIS.  You can search for a civil surgeon in your area by using this link.

Components of the Medical Exam

The medical examination typically includes a thorough physical exam, a review of the applicant’s medical history, and screening for communicable diseases such as tuberculosis (TB) and syphilis. Vaccination records are also reviewed.  If an applicant does not have up to date immunizations, including the COVID vaccine and flu shot (if receiving a medical during flu season), then they may need to receive additional vaccinations. You can read more about the required vaccinations here.

Required Documentation to Bring

Applicants must bring several documents to the medical examination with them, including a government-issued identification, vaccination records, and any relevant medical records. It is essential to provide accurate and complete information during the examination to ensure the process goes smoothly.

Potential Issues and Waivers

In some cases, individuals may encounter issues during the medical examination, such as the presence of a communicable disease or a medical condition that could potentially impact their admissibility to the US; however, a waiver may be available for certain conditions, particularly if the applicant can demonstrate that they pose no risk to public health and have access to necessary medical treatment. Generally, US immigration law divides health-related grounds of inadmissibility into four categories:

  1. Communicable diseases of public health significance;
  2. Lack of proof of having received required vaccinations;
  3. Physical or mental disorders with associated harmful behavior or a history of associated harmful behavior; and
  4. Drug abuse or addiction.

While the medical exam is an essential component of the adjustment of status process, it doesn’t have to be daunting. By understanding the requirements and preparing accordingly, applicants can navigate this aspect of the process with confidence. Working with a licensed US immigration attorney and ensuring all necessary documentation are in order can help streamline the process to ensure a successful outcome.

If you’d like to schedule an appointment with our knowledgeable US attorneys to discuss the adjustment of status process or ask any questions on the medical exam, you may do so here.  Our attorneys are licensed to practice US immigration law in all 50 states and at US embassies and consulates around the world.

Current as of April 24, 2024

*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.

Optional Practical Training (OPT): A Guide for International Students

Optional Practical Training (OPT) for Students. Graphic showing a student at a desk.

International students who are pursuing a degree in the United States are often confused by the complexities of visa regulations that impact their employment opportunities. Optional Practical Training (OPT) is a temporary employment authorization that allows international students to gain practical experience in their field; however, the rules that govern the program are strict so it is important to understand them and how they can impact a student’s life.

What is OPT?

OPT is a program administered by U.S. Citizenship and Immigration Services (USCIS) that allows eligible F-1 students to work in the U.S. for up to 12 months (or up to 36 months for STEM degree holders) in a job directly related to their major field of study. It can be used during or after completing academic studies. OPT provides valuable hands-on experience and allows students to supplement their academic knowledge with practical skills in a real-world work environment.

Eligibility Criteria

To qualify for OPT, students must meet certain eligibility criteria:

  1. F-1 Student Status: Applicants must be in valid F-1 student status at the time of application.
  2. In Good Academic Standing: Students must be enrolled full-time for at least one academic year and must be in good academic standing with their institution.
  3. Field of Study: The employment must be directly related to the student’s major field of study.
  4. Application Timing: OPT can be authorized before completing studies (pre-completion OPT) or after completing studies (post-completion OPT).

Types of OPT

There are three main types of OPT:

  1. Pre-completion OPT: This allows students to work part-time or full-time while still enrolled in school. Students can work up to 20 hours per week while school is in session and full-time during breaks.
  2. Post-completion OPT: After completing academic studies, students can apply for post-completion OPT. This allows them to work full-time for up to 12 months in a job related to their major field of study.
  3. STEM OPT Extension: Students with degrees in Science, Technology, Engineering, or Mathematics (STEM) may be eligible for a 24-month extension of their OPT period. This extension allows for a total of 36 months of OPT employment.

Limitations on OPT

  1. Unemployment: While on OPT, students must be engaged in employment related to their field of study. There are limitations on the duration of unemployment allowed during the OPT period. Students on standard post-completion OPT are allowed a total of 90 days of unemployment, while students on the STEM OPT extension are allowed an additional 60 days of unemployment.
  2. Engage in Unauthorized Employment: Students must ensure that they are working in positions that are directly related to their major area of study and are authorized under their OPT employment authorization. Engaging in unauthorized employment can jeopardize their immigration status and future prospects in the United States.
  3. Extend OPT Period Without Proper Authorization: Students must adhere to the timeline of their OPT period as authorized by USCIS. Extending the OPT period without proper authorization can have serious consequences, including being considered out of status and accruing unlawful presence.
  4. Violate Immigration Regulations: It’s essential for students on OPT to comply with all immigration regulations, including maintaining valid immigration status, reporting any changes in employment or address to their designated school official (DSO), and staying informed about their rights and responsibilities.

Application Process

The application process for OPT involves several steps:

  1. Preparation: Students should work closely with their designated school official (DSO) to understand the OPT application requirements and deadlines.
  2. Form I-765: The primary form for OPT application is Form I-765, Application for Employment Authorization. Students must submit this form along with supporting documents and the required fee to USCIS.
  3. Wait for Approval: After submitting the application, students must wait for USCIS to process it. The processing time can vary, so it’s essential to apply well in advance of the desired employment start date.
  4. Employment Start Date: OPT employment authorization begins on the start date requested by the student or the date USCIS approves the application, whichever is later.

OPT provides valuable opportunities for international students to gain practical experience and enhance their skills in the U.S. job market. However, navigating the OPT application process can be complex, and it’s crucial for students to understand the eligibility criteria, requirements and restrictions in order to remain compliant with US visa regulations. Consulting with a knowledgeable immigration attorney can help ensure a smooth OPT application process and maximize the benefits of this valuable opportunity for international students.

If you’d like to schedule an appointment with our knowledgeable US attorneys, you may do so here.  Our attorneys are licensed to practice US immigration law in all 50 states and at US embassies and consulates around the world.

Current as of April 16, 2024

*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.

EB-2 NIW: A Green Card for Exceptional or Advanced Degree Individuals whose work is in the interest of the United States

EB2-NIW explanations showing a female doctor.

Foreign Nationals may be eligible to apply for an EB-2 National Interest Waiver (EB-2 NIW) if they are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. In either case, the petitioner must show that the petitioner’s work is in the national interest of the United States.

What is the EB-2 NIW Visa

The EB-2 NIW is a visa category within the employment-based immigration system of the United States. It is designed for individuals with advanced degrees or exceptional abilities in their fields, whose work is deemed to be in the national interest of the country. One of the biggest perks of the EB-2NIW is that, unlike other employment-based visas that require employer sponsorship and labor certification, it allows petitioners to self-petition.

Key Requirements of the EB-2 NIW

To qualify for an EB-2 NIW, applicants must meet certain criteria:

  1. Advanced Degree or Exceptional Ability: Applicants must possess either an advanced degree or exceptional ability in their field. An advanced degree typically refers to a master’s degree or higher, while exceptional ability denotes a level of expertise significantly above that ordinarily encountered in the field.
  2. Significant Contribution to the National Interest: Applicants must demonstrate that their work has a substantial impact on the national interest of the United States. This can be evidenced through various means, such as contributions to research, economic growth, healthcare, environmental protection, or cultural enrichment.
  3. Waiver of Job Offer and Labor Certification: Unlike other employment-based visas, the EB-2 NIW waives the requirement for a job offer and labor certification. Instead, applicants must prove that their work is in the national interest, thereby justifying the need for a waiver.

Benefits of the EB-2 NIW

The EB-2 NIW visa offers several advantages to qualified applicants:

  1. Self-Petition: Applicants can petition for the EB-2 NIW visa without the need for employer sponsorship..
  2. Priority Date: Upon approval, applicants receive a priority date, which determines their place in the queue for visa processing. This can potentially expedite the immigration process for many individuals, especially those from countries where there is a high demand for US visas.
  3. Green Card: The EB-2 NIW leads to permanent residence in the United States. Successful applicants can apply for adjustment of status or consular processing to obtain a green card for themselves and their eligible family members.

Application Process

The application process for the EB-2 NIW visa involves several steps:

  1. Compile Portfolio: Petitioners must compile a comprehensive portfolio of evidence demonstrating their qualifications, achievements, and contributions to the national interest. This may include academic credentials, publications, awards, intellectual property, letters of recommendation, etc.
  2. Form I-140 Petition: Applicants submit Form I-140, Immigrant Petition for Alien Worker, along with supporting evidence to the United States Citizenship and Immigration Services (USCIS). This petition serves to establish eligibility for the EB-2 NIW visa.
  3. Adjudication: USCIS reviews the petition and evaluates whether the applicant meets the requirements for the EB-2 NIW visa. If additional evidence or clarification is needed, USCIS may issue a Request for Evidence (RFE) before making a final decision.
  4. Visa Processing: Upon approval of the Form I-140 petition, applicants residing outside the United States must complete visa processing at a U.S. consulate or embassy in their home country. Those already in the United States may apply for adjustment of status to obtain permanent residency once their priority date is current.

The EB-2 NIW visa offers a valuable pathway for highly skilled individuals to contribute their expertise to the national interest of the United States. By recognizing the significance of their work and providing a streamlined immigration process, the EB-2 NIW visa facilitates the recruitment of top talent from around the world, enriching the nation’s economy, culture, and innovation landscape. For skilled professionals seeking to make a meaningful impact in the United States, the EB-2 NIW visa presents a compelling opportunity to pursue their career aspirations and contribute to the nation’s prosperity.

If you are interested in learning more about the EB-2 NIW visa and whether it is right for you, we would love to outline the important considerations and explain your options to you. You can schedule an appointment by clicking here.

Current as of April 9, 2024.

*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.

Come join AVA!!

Legal Receptionist – 1

Are you an incredible Legal Receptionist?

We are looking for a remote legal receptionist to run our reception department. In this role, you will be required to answer calls and schedule consultations. This position may also lead to other opportunities with the firm such as assisting with immigration filings, doing light research and drafting posts for social media.

To ensure success as a legal receptionist, you should exhibit excellent communication skills and competency in general office administration. Outstanding legal receptionists are polished professionals who create a positive first impression.

Legal Receptionist Responsibilities:

  • Answering, screening, and forwarding phone calls in a professional manner.
  • Assisting clients and visitors with the location of legal staff.
  • Scheduling and confirming appointments.
  • Observing business etiquette.
  • Other duties as assigned.

Legal Receptionist Requirements:

  • High school diploma or GED.
  • Formal qualification in office administration, secretarial work, or related training preferred, but willing to train the right candidate.
  • Qualification in paralegal studies or a genuine interest in the law.
  • Prior experience as a legal receptionist will be advantageous.
  • Familiarity with legal terms, legal documents, and filing.
  • Excellent written and verbal communication skills.
  • Experience working with word processing, spreadsheets, printers, copiers, scanners, faxes, and appointment scheduling and call forwarding systems.
  • Exceptional interpersonal and communication skills.

To Apply:

Please send your resume and a letter of interest to info@aspirevisaattorneys.com

Proving a Bona Fide Marriage: Evidence for the I-130

Bona Fides of Marriage: couple in love who need to prove their marriage is real to USCIS.

“I need to prove that my marriage is bona fide!  What does that mean and how do I do it?”

As the United States Citizenship and Immigration Services (USCIS) announces new fees for the I-130, Petition for Immediate Relative, one thing in the process remains the same: Couples must prove that their relationship is legitimate to USCIS in order for the foreign-born spouse to obtain a green card.  In the immigration world, this is called proving the “bona fides” of marriage.  This means that you must provide evidence that your relationship is genuine and wasn’t entered into for the purposes of evading US immigration fraud (aka marriage fraud). In this post, we’ll explore the various ways a couple can demonstrate the validity of their marriage for the I-130 application.

What is a “Bona Fide” Marriage?

The United States immigration system is designed to prevent fraudulent marriages entered into solely for the purpose of obtaining immigration benefits. As a result, immigration authorities highly scrutinize marriage-based visa applications to ensure that the relationships are genuine and real. If your relationship is legitimate, then you need to show evidence of its authenticity to USCIS. There are a variety of documents you can provide to prove a bona fide marriage.

Documentation to Prove a Marriage is Bona Fide

Providing evidence is the crux of a marriage-based I-130 petition and can significantly strengthen the case for a green card based upon marriage.

Some examples of evidence that proves a marriage is legitimate includes, but is not limited to:

  • Joint Tax Returns: This includes tax returns that were filed with the Internal Revenue Servies (IRS) as Married Filing Joint or Married Filing Separate.
  • Joint Bank Statements
  • Joint Insurances: This includes health, life, car, renters, etc.
  • Joint Utility Bills
  • Joint Accounts: This could include accounts in both names or where one of the spouses is the authorized user of the other spouse’s account.  This can include accounts such as Costco, Netflix, joint credit cards, etc.
  • Dated and Captioned Photos: The photos should show the timeline of your relationship.  Please remember that if it is not something that you would show your 90-year-old grandmother, then it isn’t something that you should send to USCIS!
  • Statements from Family and Friends:  These can be in affidavit or letter form and should be dated and signed.  They should also include the signer’s birthplace and address.

The Importance of Consistency and Transparency

Please remember that consistency and transparency throughout the application process is paramount to success. If USCIS finds any discrepancies or inconsistencies in the information provided, it can raise red flags and lead to delays or denials. It’s essential to ensure that all documents and statements align with each other and accurately reflect the nature of the relationship.

Building a Strong Case

Proving the validity of a marriage for the I-130 application requires careful preparation and attention to detail. By compiling thorough documentation, demonstrating shared assets and responsibilities, and maintaining consistency throughout the process, petitioners can build a strong case to demonstrate the authenticity of their marriage. While the process may seem daunting, meticulous preparation and adherence to legal requirements can increase the likelihood of a successful outcome.

If you would like more information on how to prepare an I-130 Petition for an Immediate Relative, including how to document that your marriage is bona fide, you can schedule a consultation with our attorneys here. 

Current as of March 25, 2024.

*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.

To see additional information about the family-based green card process, including marriage-based green cards, please see: Marriage Visa: CR-1 and IR-1 – AVA Global (aspirevisaattorneys.com)

Abandoning Your Green Card: 4 Important Factors

Plane window with the words "Abandoning Your Green Card."

Most of the time, AVA Global assists clients in obtaining US Permanent Residency or Citizenship; however, sometimes an individual may find themselves in the position of wanting to give up or abandon their green card. The decision to relinquish a green card is a significant one and has both tax and immigration implications. If you find yourself wondering whether abandoning your green card is right for you, then this article should help you explore some crucial factors that should be considered.  Of course, as this is meant to be general information and not legal advice, we always recommend that you speak with a licensed US immigration attorney and a tax professional, such as a CPA or tax attorney, before making the decision to abandon your green card.  

Reasons for Abandoning Your Green Card

People contemplate abandoning their green cards for a variety of reasons, each rooted in personal, professional, or family considerations. One primary motivator is the desire for greater mobility. Some individuals, faced with the global nature of today’s economy, may find that the residency constraints of a green card impedes their ability to travel freely for work or personal reasons. Others may be drawn to explore new career opportunities abroad or establish businesses that necessitate prolonged stays outside the United States.

Family dynamics also play a pivotal role. Individuals who have obtained a green card through family sponsorship might face a change in circumstances, such as the breakdown of familial ties or the death of the sponsoring relative. In such cases, the green card may lose its initial significance, prompting individuals to reassess their immigration status.

Legal and Practical Implications

Abandoning your green card is a decision not to be taken lightly, as it comes with legal and practical consequences. From a legal standpoint, it’s essential to understand the potential challenges that may arise when seeking to re-enter the United States after abandoning permanent residency. Upon abandonment, individuals should be subject to the same immigration laws as any other foreign national, facing stringent visa application processes and potential delays.

Moreover, abandoning a green card can impact an individual’s eligibility for certain government benefits, including Social Security and Medicare. It’s crucial to conduct a comprehensive assessment of the potential ramifications, both in terms of immigration status and the broader social and financial considerations.

The Abandonment Procedure

To abandon a green card, United States Citizenship and Immigration Services (USCIS) requires individuals to file Form I-407 with the USCIS Eastern Forms Center in Vermont. In rare circumstances, a US embassy or consulate may let a person submit a form I-407 to them if they need immediate proof that the green card has been abandoned.

Alternatives to Abandonment

Before deciding to abandon a green card, individuals should explore alternative options that may better align with their objectives. For those seeking increased flexibility without fully relinquishing their permanent resident status, applying for a re-entry permit is a viable solution. This document allows green card holders to stay outside the United States for up to two years without losing their status.

Another consideration is exploring the possibility of dual citizenship. Legal professionals specializing in immigration law can provide invaluable guidance on these alternatives, ensuring clients make informed decisions that align with their aspirations.

Abandoning a green card is a complex decision that requires careful consideration of personal, professional, and legal factors. As individuals grapple with this choice, legal professionals play a pivotal role in offering guidance, navigating the intricacies of the abandonment process, and exploring alternative solutions that align with the individual’s unique circumstances. Ultimately, understanding the motivations behind such a decision and weighing the legal and practical consequences are critical steps towards a well-informed and strategic choice regarding immigration status.

If you are interested in discussing whether abandoning your green card is the right choice for you, the passionate attorneys at AVA would be happy to outline your options and important considerations. You can schedule an appointment by clicking here.

Current as of March 16, 2024.

*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.

The April 2024 Visa Bulletin is out!

April 2024 Visa Bulletin
Visa Bulletin – 1

The April 2024 Visa Bulletin is out!

If you are looking for the latest developments in visa policies and procedures, then rest assured that AVA Global has you covered with our comprehensive overview of the key highlights of the April 2024 Department of State Visa Bulletin.

The Visa Bulletin is divided into to two different categories: Family-Sponsored Categories and Employment-Sponsored Categories. For the month of April, per USCIS, Family-sponsored categories should continue using the “Dates for Filing Chart;” however, all employment-based immigration categories will use the “Final Action Dates” chart.

Family-Sponsored Categories:

For the Family-Sponsored Categories, the Dates for Filing remains unchanged from the March visa bulletin with the exceptions of the F4 category for India, which advanced nearly two months from February 22, 2006 to April 8, 2006.  Similarly, the F4 category for the Philippines advanced one full year!

Employment Sponsored Categories:

For Employment-Based Categories, under the Final Action Dates, the EB-4 category for all countries has made significant progress with 11 months of advancement; however, the EB-4 “Certain Religious Workers” category for all countries is displayed as “unauthorized” meaning adjustment is unavailable for those who priority date falls within this category.  EB-1, EB-2, EB-3, and EB-3 “Other Workers” categories have also made advancement, including the EB-1 category for India, which moved five months ahead.

If you’d like more information on immigrant visas, don’t hesitate to schedule a consultation with our attorneys. Our US immigration attorneys are licensed to practice immigration law in all 50 states and at US embassies and consulates around the globe! 

Current as of March 7, 2024.

*This is not meant to be legal advice nor does engagement with this post create an attorney-client relationship.

Elements and Overview of the EB-5 Investor Visa

The US EB-5 Investor Visa is for foreign entrepreneurs who can invest the required amount in a new commercial enterprise and can lead to a green card.

EB-5 Investor Visa

Are you dreaming of investing in the “American Dream?” If the answer to that question is “YES!” then the EB-5 Investor Visa may be the right option for you. Although both the E2 and EB-5 Investor Visas were established to spur economic growth and create jobs, only the EB-5 provides a pathway to permanent residency for foreign investors and their families. If you believe you already qualify for an EB-5 visa, click here to schedule a consultation; however, if you would like to get a better understanding of what the EB-5 visa entails, then keep reading!

Elements of an EB-5 Investor Visa 

The EB-5 Investor Visa program is designed to attract foreign capital by encouraging investments in new commercial enterprises that create jobs for U.S. workers.  The government views the EB-5 as having three main elements:

  1. The immigrant’s investment of capital;
  2. in a new commercial enterprise;
  3. that creates 10 jobs per investor.

Of course, proving each of these elements requires different evidence.  

  1. Investment Amount:
    • To qualify, investors must make a capital investment of at least $1,050.00 in a new commercial enterprise; however, if the investment is located in a targeted employment area (TEA), where unemployment is high, the minimum required investment is reduced to $800,000.
  2. Job Creation:
    • One of the primary goals of the EB-5 program is to stimulate job growth. Investors must demonstrate that their investment results in the creation of at least 10 full-time jobs for qualifying U.S. workers within two years of obtaining conditional permanent residency.
  3. Source of Funds:
    • USCIS requires investors to prove that their investment funds are obtained legally. A comprehensive documentation process is necessary to establish the legitimate source of funds used for the investment.
  4. Conditional Permanent Residency:
    • Successful EB-5 applicants, along with their immediate family members, receive conditional permanent residency in the United States. This status is granted for a period of two years and can later be converted into unconditional permanent residency.

Important Steps to Obtain an EB-5 Investor Visa

The steps below are important milestones in the EB-5 visa application process.  Consult a licensed US immigration attorney to thoroughly review all the steps necessary.

  1. Research and Consultation:
    • We recommend that you begin by thoroughly reading the USCIS requirements for the EB-5 program. It’s always a good idea to schedule a consultation with licensed US immigration attorneys to gain a comprehensive understanding of the process.
  2. Identify a Suitable Investment:
    • Choose a new commercial enterprise that aligns with the EB-5 program requirements. This can involve starting a new business, expanding an existing one or revitalizing a struggling enterprise.
  3. Financial Planning:
    • Evaluate your financial capabilities and ensure you have the minimum required investment amount. Work with financial advisors to organize and document the source of your funds to meet USCIS requirements.
  4. File Form I-526:
    • The initial application involves filing Form I-526, Immigrant Petition by Alien Entrepreneur, with USCIS. This petition provides detailed information about your investment, business plan, and the source of funds. USCIS will review this petition to determine eligibility.
  5. Conditional Permanent Residency:
    • Upon approval of Form I-526, investors and their eligible family members can apply for conditional permanent residency by filing Form I-485 with USCIS or through consular processing.
  6. Removal of Conditions:
    • 90 days before the second anniversary of receiving conditional permanent residency, investors should file Form I-829 to remove the conditions and obtain unconditional permanent residency. If you have not met all the conditions, speak with a licensed immigration attorney ASAP!

Embarking on the EB-5 Investor Visa journey requires careful planning, meticulous documentation and legal expertise. If you’re considering the EB-5 program or have questions about your eligibility, contact the passionate attorneys at AVA Global today for personalized assistance on your path to obtaining the American Dream!

Current as of March 6, 2024.

**This post is not legal advice nor does engagement with this post create an attorney/client relationship.